The plaintiffs, including MP Almameh Gibba, argue that the ban infringes on religious and cultural freedoms. Gibba previously introduced a bill to parliament seeking to legalize FGM, but it was defeated. The current legal challenge is viewed by activists as part of a broader global trend of eroding women's rights.
The Gambia outlawed FGM in 2015, imposing hefty fines and potential jail time for practitioners. However, the practice remains deeply entrenched in many communities. According to UNICEF, nearly 75% of women in the Gambia have undergone FGM, often as infants. The procedure typically involves the partial or total removal of the external female genitalia.
The World Health Organization (WHO) condemns FGM as a violation of human rights, citing severe health consequences including hemorrhage, infection, chronic pain, and psychological trauma. In some cases, FGM can be fatal. Last year, two babies in the Gambia reportedly died from complications after undergoing the procedure, further fueling the controversy.
Fatou Baldeh, founder of the Gambian rights organization Women in Liberation Leadership, sees the legal challenge as a setback for women's rights in the country. "This is a dangerous move that threatens the progress we have made in protecting girls and women from this harmful practice," Baldeh said. "We will continue to fight to uphold the ban and ensure that all girls are safe from FGM."
The case is being closely watched by international human rights organizations, who fear that overturning the ban could embolden efforts to roll back similar protections in other countries. FGM is practiced in various parts of Africa, the Middle East, and Asia, despite international efforts to eradicate it. The supreme court is expected to resume hearing arguments in the case this month. The outcome will have significant implications for the future of women's rights in the Gambia and potentially beyond.
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