26th August 2022
85% of UN Member States in the world have constitutions that prohibit discrimination on the basis of sex and/or gender. The United States is not one of them.
Despite the prevalence of the practice in the USA and the persisting risk to many women and girls, 20% of American states do not have laws criminalising FGM.
As part of our I Need the ERA because… campaign, launched to mark Women’s Equality Day 2022, we take a closer look at how the ERA would help move the needle on four crucial issues for women and girls, including female genital mutilation.
Update:
In January 2025, former US President Biden declared the Equal Rights Amendment the “law of the land” and the 28th Amendment to the United States Constitution. Until then, the Constitution did not explicitly prohibit discrimination on the basis of sex, in stark contrast to the vast majority of UN Member States (85%), whose constitutions prohibit such discrimination. However, since the change in administration, the White House has archived Biden’s declaration, and opponents argue his action was legally meaningless. Thus, constitutional equality in the US remains precarious, underscoring the urgent need for the ERA’s universal recognition and implementation.