Legislation is pointless without enforcement and yet, on the matter of female genital mutilation, or FGM, there appears to be a disconnect between the principle of the law and its practice.
Female genital mutilation, which is practised for religious, cultural and historical reasons, was criminalised in the UK 30 years ago. In 2005, Scottish legislation was also introduced to make it illegal to take girls abroad to be mutilated.
However, there is serious concern among community workers and activists that the law is not being enforced and there are some striking statistics to support that view. In France, for instance, there have been 100 convictions for FGM, but in Scotland not a single one.
This failure to secure prosecutions is despite the fact that the agencies that work in this area believe girls living in Scotland have undergone FGM in this country. Furthermore, between 1997 and 2011, almost 2500 girls were born in Scotland to a mother from a country where FGM is common.
These figures do not mean all these girls have been subjected to FGM but they do raise the important question of why very few cases have been referred to the police. It is inconceivable, for example, that, with the practice almost universal in Somalia, none of the Somali girls living in Scotland would have been subjected to FGM.
The question is how the legislation can be enforced. The priority must be to identify women who have been victims of FGM or girls who are likely to be. In France, all girls under six are examined but in Britain we are more cautious. This is natural to some extent - it is important to be sensitive to cultural differences - but we must also ask ourselves: how important is it to protect young girls from a barbaric practice that has no place in Scotland and no place in the modern world? The fear of being racist should not prevent action where and when necessary.
In 2010, the Scottish Government did state that councils should have specific guidelines in place on FGM but the evidence is they are falling short of this standard. Most local authorities admit they do not have such guidelines and many are unable to say how many cases they have encountered. This situation must be remedied if progress is to be made, not only on enforcement but also on ensuring that challenging the practice is a priority. Every council must have guidelines in place and brief staff (particularly maternity staff and teachers) so they can identify girls at risk.
In the wider community, more also needs to be done to raise awareness. There was some work in 2005 when the Scottish legislation was introduced but, in the years since, the issue has been allowed to slide. It has not been a priority for national or local government but it should be. Some agencies are worried Scotland will be seen as a soft touch on this issue. That must not be allowed to happen.
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