The plaintiffs, including MP Almameh Gibba, argue that the ban violates religious freedom. Gibba previously introduced a bill to parliament seeking to legalize FGM, but it was defeated. The current legal challenge is viewed by activists and lawyers as part of a broader global trend of eroding protections for women's rights.
The Gambia outlawed FGM in 2015, imposing strict penalties for those who perform or facilitate the practice. Despite the ban, FGM remains prevalent in the country. According to UNICEF, nearly 75% of women in the Gambia have undergone some form of FGM, often during infancy. The World Health Organization (WHO) defines FGM as all procedures that involve altering or injuring the female genitalia for non-medical reasons. It is recognized internationally as a violation of human rights.
The case gained renewed urgency after two infants died in the Gambia last year from complications related to FGM. These deaths sparked public outrage and calls for stricter enforcement of the ban. Demonstrations have taken place both in support of and against the ban, highlighting the deep divisions within Gambian society on the issue. Pro-FGM protesters were seen outside the Gambian parliament in Banjul earlier this year.
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. She argues that FGM has no health benefits and can lead to serious complications, including infections, infertility, and death.
The supreme court case is expected to continue this month. The outcome could have significant implications for the future of women's rights in the Gambia and potentially influence similar debates in other countries where FGM is practiced. The United Nations and various international human rights organizations are closely monitoring the situation.
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