Criminal investigation and prosecution of FGM. The French practice.
Strafrechtelijke opsporing en vervolging van vrouwelijke genitale verminking. De Franse praktijk.
The research was issued by the Ministry of Justice in the Netherlands, to answer the question if France is more successful to investigate and prosecute FGM, than the Netherlands, and to assess how this is done and what the lessons learned are for the Netherlands. The research showed that France is not the best practice as is most often assumed, when it comes to investigation and prosecution. In France, intense investigations only occur when an excisor is identified. Lessons learned for the Netherlands include the detection and reporting phase, whereby medical doctors have a major role. In France, this role is done through regular check ups of children (also genitally), and is performed by one agency (Protection Maternelle Infantile - PMI) in stead of numerous doctors at a wide variety of agencies. Medical doctors in France also have more opportunities to report (and collaborate) with criminal authorities than in the Netherlands. The researchers recommended to do more efforts to identify excisors; opportunities for the Dutch investigation machinery to detect excisors are in place and should be used. The research stressed that although France has more prosecutions, the policy in the Netherlands is much more integrated and hence more advanced that the French practice to deal with FGM.
Author(s): Nijboer JF, van der Aa NMD, Buruma TMD
Publisher: Universiteit Leiden
Qualitative and comparative law research through document study of completed criminal cases and interviews with professional stake holders in France. The research was limited to the practice of criminal law, and excluded health care and education interventions. A comparative legislative framework with the Netherlands was maintained where relevant, to identify similarities and differences. The research was done in 2009 to beginning of 2010.
Cost to obtain the method/tool: Free