By Janet Howard

Female Genital Mutilation (FGM), also known as female circumcision or cutting, involves the partial or total removal of external female genitalia for non-medical reasons. Recognized internationally as a violation of human rights, FGM poses severe health risks and perpetuates gender inequality. In New York State (NYS), a significant number of women and girls are either survivors of FGM or at risk of undergoing the procedure. This analysis explores the legal frameworks and social protections in place within NYS to safeguard these individuals.

Prevalence of FGM in New York State

NYS is home to diverse communities, some originating from regions where FGM is traditionally practiced. The New York State Department of Health estimates that over 7,500 girls and women in the state are at risk of undergoing FGM, either locally or abroad. These individuals often belong to immigrant communities from African, Middle Eastern, and certain Asian countries. The risk is heightened for girls whose family members have undergone the procedure, underscoring the need for targeted interventions. 

Legal Framework Addressing FGM in New York State

1. Criminalization of FGM
   • State Legislation: In 1997, New York State enacted Penal Law § 130.85, explicitly criminalizing FGM. Under this statute, it is illegal to knowingly circumcise, excise, or infibulate the labia majora, labia minora, or clitoris of a person under 18 years of age. This law also holds parents or guardians accountable if they consent to such procedures on minors. Violations are classified as Class E felonies, carrying penalties of up to four years in prison. 
   • Federal Legislation: Complementing state laws, federal statutes under 18 U.S.C. § 116 criminalize FGM performed on individuals under 18, regardless of cultural or religious justifications. This dual framework ensures comprehensive legal protection against FGM.
2. Defenses and Exceptions

The law provides exceptions when the procedure is necessary for the health of the individual and performed by a licensed medical practitioner. Cultural or ritualistic reasons do not constitute valid defenses under NYS law. 

Social Protections and Support Services

Beyond legal measures, NYS offers various social protections to support women and girls affected by or at risk of FGM:

1. Healthcare Services
   • Medical Care: Healthcare providers in NYS are trained to recognize and manage complications arising from FGM. They offer necessary medical interventions, including reconstructive surgeries and obstetric care tailored to the needs of FGM survivors.
   • Mental Health Support: Recognizing the psychological impact of FGM, mental health services provide counseling and therapy to address trauma, anxiety, and depression associated with the practice.
2. Educational and Community Outreach
   • Awareness Campaigns: The NYS Department of Health conducts educational programs targeting communities where FGM is prevalent. These initiatives aim to inform about the health risks and legal implications of FGM, fostering community dialogue to challenge and change cultural norms supporting the practice. 
   • Training for Professionals: Social workers, educators, and law enforcement officers receive training to identify signs of FGM risk and respond appropriately, ensuring a coordinated approach to prevention and support.
3. Non-Governmental Organizations (NGOs)
   • Tahirih Justice Center: Operating nationally, including in NYS, the Tahirih Justice Center offers legal services, policy advocacy, and training to protect immigrant women and girls from gender-based violence, including FGM. Their holistic model addresses both the legal and social needs of survivors, empowering them to rebuild their lives. 
   • Sanctuary for Families: Based in New York City, this organization provides comprehensive services to FGM survivors, including legal assistance, counseling, and shelter. They also engage in advocacy efforts to strengthen laws and policies against FGM.

Challenges in Enforcement and Protection

Despite robust legal frameworks and support systems, several challenges persist:

1. Underreporting: Cultural stigmas and fear of community ostracism often lead to underreporting of FGM cases, hindering enforcement and support efforts.
2. “Vacation Cutting”: Some families take girls abroad to countries where FGM is practiced, circumventing U.S. laws. Addressing this requires international collaboration and vigilant monitoring.
3. Resource Limitations: NGOs and support services may face funding constraints, limiting their capacity to reach all at-risk individuals and provide comprehensive care.

Recommendations for Enhancing Protections

To strengthen the protection of women and girls from FGM in NYS, the following measures are recommended:

1. Enhanced Data Collection: Implement systematic data collection to accurately assess the prevalence of FGM, facilitating targeted interventions.
2. Community Engagement: Collaborate with community leaders to foster dialogue, challenge cultural norms supporting FGM, and promote abandonment of the practice.
3. Strengthened Legal Measures: Ensure rigorous enforcement of existing laws and consider legislative amendments to address emerging challenges, such as “vacation cutting.”
4. Support for NGOs: Increase funding and resources for organizations providing essential services to FGM survivors, enhancing their capacity to offer legal, medical, and psychological support.

Eradicate FGM

New York State has established a comprehensive legal and social framework to combat FGM, reflecting a commitment to safeguarding the rights and well-being of women and girls. While significant progress has been made, ongoing efforts are essential to address the evolving challenges and ensure that all individuals are protected from this harmful practice. Through continued collaboration among government agencies, healthcare providers, NGOs, and affected communities, NYS can further its mission to eradicate FGM and support those impacted by it.

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