The Gambian Supreme Court is facing a second legal challenge in two years aimed at overturning the country’s 2015 ban on female genital mutilation (FGM). The renewed push to legalize the practice comes despite it being classified as a human rights violation and follows the death of a one-month-old girl who bled to death last August after being subjected to the procedure.
Legal Challenges to the 2015 Ban
Female genital mutilation was criminalized in The Gambia under legislation passed in 2015. Proponents of striking down the ban have repeatedly brought challenges before the Gambian Supreme Court, arguing from positions of faith and tradition. Legal advocates and human rights organizations maintain that the procedure inflicts severe harm and constitutes a fundamental violation of human rights.
The current Supreme Court proceedings represent the second time within a two-year window that opponents of the legislation have sought to dismantle the statutory prohibition.
Enforcement Realities and Medical Consequences
The debate over the legality of FGM in The Gambia carries severe, documented physical consequences. Last August, a one-month-old infant in the country died from severe blood loss after undergoing the procedure. The incident underscored the life-threatening risks associated with the practice, even as legal challenges attempt to remove the statutory protections enacted nearly a decade ago.
The Supreme Court’s handling of the current petition will determine whether the legal protections established in 2015 remain intact or if the country rolls back its prohibition on the procedure.
