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In what was considered by many to be a legal and at least
superficial victory, on February 3, 2013, Egypt’s Supreme Constitutional Court rejected
a lawsuit challenging the illegality of female genital mutilation (FGM). The
lawsuit was filed in 2008 to challenge a decision by the Ministry of Health in
2007 to criminalize the practice, claiming that the ban violated the principles
of Sharia. FGM had been made illegal in the country in 1997, and in 2006, the
head of Al-Azhar, Egypt’s most prominent Islamic institution, denounced the
practice and distanced it from religious traditions (and again reiterated
this position in 2008 and 2011).
Despite the solid legal stance against FGM in the country,
the practice remains pervasive in Egyptian society and it is unclear to what
degree the most recent court ruling will have an effect on the day-to-day lives
of Egyptian women. In a country that has recently completed the drafting and
ratification of its constitution and continues to undergo a transition period
where rule of law and implementation of both national legal codes and
international standards has largely been absent, the outlook is not a positive
one.
About 91 percent of all women aged 15 to 49 have been
circumcised in Egypt; while the numbers are showing a slight
decrease among younger generations, the practice remains common. The
procedure is often performed
on young girls and considered by many to be a “rite of passage” into adulthood.
Although there are multiple ways to carry out FGM, the procedure generally
involves the removal of the clitoris, along with all or part of the labia
minora. Although historically conducted by traditional birth attendants without
anesthetic or appropriate medical care, more and more licensed doctors and
nurses are carrying out the procedure. FGM has been regarded as a means to
preserve the woman’s virginity before marriage for the sake of both culture and
religion by decreasing her sexual desire. Although many in Egypt believe that
the practice is based in religion, others unequivocally deny this. The side
effects of FGM and poor after-care of the invasive procedure can range from
minor infections to long-standing psychological issues, problems with
menstruation and childbirth, extreme ailments, bleeding for days, and in some
cases, death.
