4th February 2026

Towards justice: Global challenges and opportunities in litigating cases of female genital mutilation

Female genital mutilation (FGM) affects over 230 million women and girls worldwide, yet prosecutions and access to justice remain rare despite the existence of anti-FGM laws in many countries. This report examines how strategic litigation has been used across different jurisdictions to challenge impunity, strengthen legal frameworks and advance survivor-centred justice.

Drawing on six country case studies and comparative legal analysis, it identifies persistent barriers to accountability and sets out concrete recommendations for governments, prosecutors, and advocates to improve the investigation, prosecution and prevention of FGM.

What’s inside the report?

  • An overview of strategic litigation as a tool to end FGM
  • Comparative analysis of how different legal systems interpret and enforce anti-FGM laws, and what this means for reform and effective implementation
  • Six in-depth case studies from the United States, Kenya, The Gambia, Liberia, India, and Burkina Faso
  • Key barriers survivors face in accessing justice, including under-reporting, weak investigations, and social retaliation
  • Promising practices that improve access to justice, survivor protection and accountability
  • Detailed recommendations for law reform, policy development, and implementation

Who’s it for?

  • Governments and policymakers responsible for legal reform and the implementation of anti-FGM laws
  • Prosecutors, judges, and law enforcement officials handling FGM-related cases
  • Lawyers and civil society organisations supporting survivors and engaging in strategic litigation
  • Donors and supporters seeking evidence-based approaches to ending FGM and advancing justice

Key takeaways and recommendations

Equality Now’s analysis shows that strategic litigation can play a powerful role in ending FGM when embedded within survivor-centred, multi-sectoral strategies. However, survivors of FGM across the globe continue to face severe barriers to access justice. Key recommendations to address these barriers include:

  • Adopt comprehensive and explicit laws prohibiting FGM, covering all forms of the practice, including medicalisation and cross-border FGM.
  • Ensure survivors are protected, and never criminalised, including prohibiting the prosecution of survivors and safeguarding them from forced medical examinations, retaliation and discrimination.
  • Address procedural and evidentiary barriers, including through survivor-centred investigation protocols, standard operating procedures and sentencing guidelines.
  • Strengthen access to remedies, including civil compensation, protection orders, free legal aid, and the ability for NGOs to represent survivors, particularly children.
  • Improve implementation and accountability, including enforcement of court decisions, consistent sentencing, and oversight of law enforcement and prosecutorial practices.
  • Embed litigation within broader strategies, combining legal action with community engagement, survivor support and sustained advocacy to prevent backlash and ensure lasting impact.
  • Provide sustained and flexible funding to support long-running strategic litigation, survivor protection and post-judgment implementation.

Explore more resources

1

2

3

Medicalisation of female genital mutilation/cutting in South and South East Asia

Equality Now’s policy brief with partners highlights the rise of medicalised FGM/C in South and South East Asia and calls for urgent government and health sector action to end the practice.

Opposing the conflation of female genital mutilation and gender-affirming care in the US

This policy brief warns against conflating female genital mutilation with gender-affirming care in the U.S., highlighting the legal, medical, and human rights risks of misrepresentation and urging rights-based, accurate policymaking.

The long overdue regional law on female genital mutilation: A welcome initiative in East Africa

This policy brief analyses the draft EAC Elimination of FGM Bill, 2025 and provides key arguments and messages to support its adoption across all EAC Partner States.

Newsletter Sign-up

Make a donation

I want to donate