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Human Rights Center Requests Investigation into the Facts of Female Genital Mutilation

November 28, 2016
 
Human Rights Center is alarmed with facts of the female genital mutilation identified in some villages of Kvareli municipality and their justification with the religious traditions.

On November 12, 2016 Public Defender of Georgia published a statement  to underline the necessity of the state response to the facts of the female genital mutilation observed in Kvareli municipality. The Public Defender stated: “female genital mutilation is an extreme form of violation of rights, which infringes the woman's right to health, safety, physical integrity and prohibition of torture. Such a practice is mainly carried out in order to control the woman and her body. Female genital mutilation, especially done at home, may lead to many complications.”

On November 8, 2016 Information Center of Kakheti published an article  which described the practice of the female genital mutilation in Kvareli municipality; it also reviewed the risks resulted from similar operations.

Female genital mutilation is unjustified and extremely ruthless violation of human rights, that is equal to torture, inhuman and degrading treatment. Apart to that, similar operations threat health and life of the women. 

Human Rights Center believes justification of the torture with religious traditions is in conflict with the Convention on the Rights of the Child and the international standards of human rights. In accordance to the case law of the European Convention of Human Rights no religious ritual can justify absolute principle of the torture prohibition.

Response to and effective investigation of the facts of torture and inhuman treatment is positive obligation of the State. Investigative bodies are entitled to study each fact of the breached best interests of the child (girls) and adequately respond to them. 

Although Georgia has not yet ratified the Convention of the Council of Europe on Preventing and Combating Violence against Women and Domestic Violence, which includes separate article on the Female Genital Mutilation (Article 38), there are special articles in the Criminal Code of Georgia, which prohibits torture, inhuman treatment and injury of health. Thus, the state can apply those specific articles of the CCG before the ratification of the Convention. 

Based on the abovementioned, Human Rights Center calls on:

 The Chief Prosecutor’s Office and Ministry of Internal Affairs of Georgia to commence investigations into the facts of the female genital mutilation in some villages of Kvareli municipality and conduct preventing activities to combat injury of women’s health and control over their bodies;
 The Government and Parliament of Georgia, to timely ratify the Istanbul 2011 CoE Convention on Preventing and Combating Violence against Women and Domestic Violence, which includes special article on Female Genital Mutilation (Article 38);
 The government and Parliament of Georgia to take all necessary measures to implement and enforce the December 18, 2014 Resolution (A/res/69/150) to combat violence against girls in the country.

Human Rights Center 

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