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Female genital mutilation (FGM) is internationally recognised as a human rights violation and a form of gender-based violence, often carried out to control women and girls’ sexuality. In the United States, an estimated 513,000 women and girls have undergone or are at risk of FGM.
Equality Now began campaigning against FGM in the United States in 1996 following the detention of Fauziya Kassindja, a 17-year-old girl fleeing FGM and forced marriage in Togo. Her landmark asylum victory established that FGM could be grounds for gender-based persecution under the U.S. legal system. Since then, Equality Now has advocated for stronger legal protections, highlighting emerging cases, including the 2017 U.S. v. Nagarwala prosecution, where a doctor was charged with performing FGM on girls in Michigan. Equality Now joined other groups in filing an amicus brief in the case, which drew national attention when a judge ruled the federal FGM law unconstitutional. This ruling spurred congressional action, and in 2021, the Stop FGM Act 2020 came into force, reaffirming federal authority to criminalize the practice. Equality Now also supported the formation of the U.S. End FGM/C Network in 2018, and was part of the inaugural Steering Committee of the Network.
Despite progress, gaps remain. Equality Now is calling for a comprehensive, survivor-centered national strategy, one that includes prevention, education, survivor services, sustained funding, and clear legal protections at both the federal and state levels. We are also working to ensure gender-affirming care is not conflated with FGM and to expand state level protections to ban the practice and protect every girl, in every U.S. state.
Federal law 18 U.S. Code § 116 ‘Female Genital Mutilation’, as amended by the STOP FGM Act 2020 makes it illegal to perform FGM in the U.S. and was amended in 2013 to make it illegal to knowingly transport a girl out of the U.S. for the purpose of FGM. The older version of the section 116 which was found unconstitutional by the Michigan District Court in 2018 has now been replaced by an updated version after the passage of the STOP FGM Act 2020. The 2020 amendment has clarified the definition of FGM under the law. The law also requires the Attorney General to submit an annual report to Congress to report on actions taken by federal, state and local agencies to protect women and girls from FGM as well education and awareness measures taken by federal agencies.
Additionally, only 41 states have laws against FGM.
Ending FGM requires a multi-sectoral approach that brings together law enforcement, child protection professionals, educators, physicians, religious leaders, government agencies, advocates, and survivors. The approach must be holistic and always keep the best interest of the girl or woman who is either at risk of or a survivor of FGM at the centre of its efforts.
In December 2016, Equality Now, Safe Hands for Girls, The United States Institute of Peace and the US Network to End FGM/C came together to host the first-ever End Violence Against Girls: Summit on FGM/C in the US, with generous support from the Human Dignity Foundation and the Wallace Global Fund. The event sought to encourage a multi-sectoral approach to ending female genital mutilation/cutting (FGM/C) by bringing together subject matter experts from across sectors and continents. The collaboration among these organizations working to promote peace, protect girls’ human rights and elevate survivor voices was natural and strong.
The Summit invigorated and deepened the dialogue around ending the practice by 2030 and spurred synergy and collaboration that will hopefully continue to expand and enhance collective efforts of FGM/C survivors, activists and policymakers. Equality Now is proud to sit on the inaugural Steering Committee of the US End FGM/C Network.
Several U.S. government agencies, in collaboration with civil society, have issued guidance related to the federal law prohibiting FGM:
We are encouraged by these initiatives, but much more needs to be done. Other countries are far ahead of the U.S. in their data collection, prevention and training programs, health services to survivors and public awareness of women and girls affected by or at risk of FGM. Equality Now has worked closely with the U.S. government to inform policy on FGM and continues to advocate with FGM survivors in the U.S. for a comprehensive approach to effective implementation of U.S. laws and policies and greater public awareness of this human rights violation.