Female Genital Mutilation (FGM) is internationally recognised as a violation of human rights, a form of gender based violence and child abuse. This paper looks at the international conventions, national legal frameworks and safeguarding responsibilities across UK and Irish jurisdictions, that underpin efforts to prevent FGM and protect girls and women, as well as non-binarynand trans-people who may be at risk of FGM. It also considers the barriers to effective prosecution of FGM crimes and the implications for health and social care professionals.

International Conventions

FGM is prohibited under several key international human rights conventions, including:

• The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1981)
• The United Nations Convention on the Rights of the Child (UNCRC) (1990)
• The Istanbul Convention (2014)

FGM violates fundamental human rights, including:

• the right to equality and non discrimination on the basis of sex
• the right to life
• freedom from torture or inhuman treatment
• the rights of the child
• the right to the highest attainable standard of health

As signatories of the human rights conventions, the UK and Ireland are obligated to implement domestic legislation criminalising FGM. 

United Kingdom Legislation

England, Wales and Northern Ireland

The Prohibition of Female Circumcision Act (1985) criminalised FGM in the UK. It was later replaced by the Female Genital Mutilation Act (2003), which expanded offences relating to performing, assisting, or arranging FGM, both nationally and abroad. Key provisions of the Act included making it an offence for a UK national or resident to:

• Perform FGM within England, Wales, or Northern Ireland (Section 1).
• Assist a girl to self perform FGM (Section 2).
• Assist a non UK person to carry out FGM abroad on a UK national or resident (Section 3).
• Perform FGM abroad; assist a girl to self-perform FGM outside of the UK; and assist, from either inside the UK or outside the UK, a non-UK national or non-UK resident to carry out FGM outside of the UK, on a UK national or resident, regardless of the legality of FGM in the country where it occurs (Section 4 extends the powers of Sections 1-3 to include extraterritorial acts).

Amendments under the Serious Crime Act (2015)

The Serious Crime Act (2015) further extended extraterritorial jurisdiction of the Female Genital Mutilation Act (2003) to strengthen FGM prosecutions and prevention. The Act introduced:

• An offence for people not permanently residing in the UK to commit FGM crimes abroad.
• An offence for adults with parental responsibility, and those acting in the manner of a parent, for a girl under 16years, of failing to protect the girl from FGM. (Does not apply to Scotland).
• A mandatory duty for each regulated professional (teacher, health and social care worker) to report known cases of FGM to the police as soon as possible, when they observe physical signs of FGM, or when a child under 18years discloses having had FGM. (Applies to England and Wales only).
• In Northen Ireland and Scotland professionals must notify police if a child is at immediate risk.
  FGM Protection Orders (FGMPOs). Emergency measures issued by family courts include, imposing travel restrictions and surrender of passports to prevent a girl from being taken abroad and ordering the return of a person already taken abroad. (Scotland have their own provision).
• Lifelong anonymity for victims of FGM. (England, Wales and NI only)

Scotland

Scotland operates under the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 which amended the 2005 Prohibition of Female Genital Mutilation (Scotland) Act to strengthen statutory protections and prevent a child being taken abroad for FGM. The Act is aligned to Scotland’s national strategy for preventing and eradicating violence against women and girls.  

The Scotland Act:

• Made it an offence for a UK citizen or resident to aid, abet or arrange for FGM to be carried out in Scotland or abroad on a UK national or resident.
• Introduced FGMPOs with specific Scottish law provisions to protect a person or a community group from FGM.
• Required comprehensive multi agency guidance, non-statutory guidance, for the NHS, policing, education, and social services to reinforce child protection and child protection orders. Children can be moved to safety and compulsory supervision orders imposed. 

Ireland Legislation

In Ireland the Criminal Justice (Female Genital Mutilation) Act 2012 criminalised Irish nationals and residents performing, assisting, or procuring FGM, including extraterritorial acts. Key sections include:

• Performing FGM in Ireland (Section 2)
• Removing or attempting to remove a girl or woman from the State for FGM (Section 3)
• Extraterritorial offences, including acts on Irish ships or aircraft, or by Irish citizens/residents (Section 4)
• Facilitating travel for the purposes of FGM (Section 5)

The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 further criminalised the failure of any person to report an FGM offence involving a child.
General provisions of the Child Care Act (1991) also apply where a child is at risk. 

Legal penalties for FGM Acts in UK and Ireland

In the UK FGM offences carry a maximum penalty of 14 years imprisonment. Breach of an FGMO is punishable by up to 5 years imprisonment.

In England and Wales, failure of responsibility to protect a girl under 16years of age from FGM can result in a sentence of up to seven years imprisonment.

In Ireland FGM offences are punishable with up to 14 years’ imprisonment and fines up to €10,000.

Barriers to successful convictions for FGM

Despite comprehensive legislative frameworks, prosecutions and convictions remain rare.

To date there have been no convictions in Northern Ireland or Scotland. Only three convictions have occurred in England and Wales (2019, 2023, 2024).

In Ireland, a conviction secured in 2020 was overturned on appeal due to procedural concerns.  

Key barriers include:

• The hidden and culturally sensitive nature of FGM.
• Reluctance among families and communities to report suspected offences.
• Difficulties proving a crime, especially when FGM occurs abroad.
• Procedural, linguistic, or investigative errors that undermine legal proceedings.

Safeguarding Frameworks and Professional Responsibilities

Health, education and social care professionals across the UK and Ireland have a people identify, respond to, and safeguard girls and women at risk of FGM or affected by it. These responsibilities are supported by national/regional safeguarding legislation, and by multi-agency frameworks, including statutory guidance, clinical pathways, and child protection procedures specific to each jurisdiction.

UK

England

Multi-agency statutory guidance on female genital mutilation (2016, updated 2022) Multi-agency statutory guidance on female genital mutilation - GOV.UK

FGM Risk and Safeguarding: Guidance for professionals (2015/2016) Female Genital Mutilation Risk and Safeguarding

Working Together to Safeguard Children (2015/2026) Working together to safeguard children - GOV.UK 

Northern Ireland

Department of Health, NI (2018) Multi-agency practice guidelines - Female Genital Mutilation Multi-agency practice guidelines - Female Genital Mutilation. Multi-agency practice guidelines - Female Genital Mutilation | Department of Health

Safeguarding Board for Northern Ireland (2020) FGM Safeguarding Pathway and Risk Assessment. Pathway and Risk Assessment Framework - (Web)_0.pdf. To be used in conjunction with the SBNI Regional Core Child Protection Policies and Procedures Welcome to the Safeguarding Board for Northern Ireland...

Scotland

Responding to Female Genital Mutilation: Multiagency Guidance (2017). Responding to Female Genital Mutilation in Scotland Multi-Agency Guidance

National Guidance for Child Protection in Scotland (2021, updated 2023) Supporting documents - National Guidance for Child Protection in Scotland 2021 - updated 2023 - gov.scot

Wales

All-Wales FGM Clinical Pathway (2024) wisdom.nhs.wales/all-wales-guidelines/all-wales-guidelines/fgm-clinical-pathway-v2-2-final/

Wales Safeguarding Procedures (2109) Safeguarding Wales

Ireland

The Children First Act (2015) mandates regulated professionals to report child protection concerns including FGM to Tulsa (Child and Family Agency) Children FirstTusla - Child and Family Agency and the Gardai if they believe a child is at risk of or has been subjected to FGM. The HSE provide national clinical guidelines to guide healthcare professionals. 

Conclusion

FGM remains a serious human rights and safeguarding issue. While legal protections in the UK and Ireland are robust, significant challenges persist in securing successful prosecutions. Improved inter-agency collaboration, jurisdiction specific, and professional role specific training, and greater professional confidence in identifying and responding to FGM are essential to strengthen prevention and ensure effective protection of girls and women.  

Further Resources 

• World FGM prevalence map – National FGM Centre
• FGM and Health Consequences Infographic 2022

Advice

• Talk to your GP: you can talk them about the feelings you are having, and they may refer you to specialist services if they feel it will help you.
• Health care professionals may have access to support resources through their professional bodies and employing organisations.
• Students will have access to support resources on their university website.