INTRODUCTION AND BRIEF DESCRIPTION
Non-consensual genital mutilation is illegal in Canada, except in limited circumstances described in paragraphs (3)(a) and (b).
SECTION WORDING
268(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
EXPLANATION
Section 268(4) of the Criminal Code of Canada deals with the issue of consent in cases of female genital mutilation. It states that no consent to the excision, infibulation, or mutilation of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in the preceding subsections. This provision is significant because it recognizes that the practice of female genital mutilation is a violation of human rights, and any consent obtained for such an act cannot be considered valid. This means that even if a person agrees to undergo the procedure, it is still illegal and punishable by law. This provision reflects Canada's commitment to protecting the rights of women and girls and preventing gender-based violence. Female genital mutilation is a harmful practice that can cause severe physical and psychological damage, including chronic pain, urinary and reproductive problems, and even death. By criminalizing this practice and invalidating any consent obtained for it, Canada sends a clear message that it will not tolerate violence against women and girls. This provision also helps to raise awareness of the issue and promotes efforts to end the practice of female genital mutilation globally.
COMMENTARY
Section 268(4) of the Canadian Criminal Code is an essential provision that criminalizes female genital mutilation or cutting (FGM/C) in Canada. This section explicitly states that no consent to the excision, infibulation, or mutilation of any part of the female genitalia shall be deemed valid under any circumstances, except when it is medically necessary and in the best interest of the person. FGM/C is widely recognized as a severe human rights violation, as it violates a woman's physical and mental integrity, causes long-term physical health problems, and poses a significant risk of infection and even death. According to the World Health Organization (WHO), FGM/C affects over 200 million women and girls globally, and over 68 million women have undergone the practice in Africa alone. Although some forms of FGM/C are illegal in Canada, the country has not entirely eradicated this practice. This provision was included in the criminal code to protect Canadian women and girls from the cruel and inhumane practice of FGM/C. By criminalizing the practice, the law aims to ensure that FGM/C does not occur in Canada and that those who commit the offense face serious legal consequences. The only exceptions to this rule, as stated in the subsection, are procedures that are medically necessary in the best interest of the person. It should be noted that these exceptions are only applicable when the procedures are performed by licensed medical practitioners in legal medical settings. The inclusion of this provision in the Criminal Code of Canada is a significant milestone in the country's efforts to eliminate FGM/C. It sends a clear message that this practice is illegal, and there are serious repercussions for anyone involved. This section also complements other Canadian laws related to gender equality, including the Canadian Charter of Rights and Freedoms and the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, despite the criminalization of FGM/C in Canada, the practice still persists, especially among immigrant communities from countries where FGM/C is prevalent. The Canadian government has, therefore, strengthened its efforts to eradicate FGM/C by investing in public education campaigns and providing support to communities affected by the practice. The government has also increased its collaborations with international organizations such as the WHO to curb the practice globally. In conclusion, the provision in Section 268(4) of the Criminal Code of Canada is critical in the fight against FGM/C. It is a clear statement that the Canadian government does not tolerate any form of FGM/C, and the health and well-being of women and girls are a top priority. The government must continue to prioritize the eradication of FGM/C, work towards eliminating the practice globally, and provide support for women and girls who have undergone the procedure to promote physical and mental healing.
STRATEGY
Section 268(4) of the Criminal Code of Canada prohibits any form of excision, infibulation, or mutilation of the labia majora, labia minora, or clitoris of a person. This section also declares that no consent to such practices is valid, except in circumstances outlined in paragraphs (3)(a) and (b). The section is crucial in safeguarding the physical and emotional wellbeing of people, particularly women and girls, who are often at risk of undergoing harmful traditional practices such as Female Genital Mutilation (FGM) or Female Genital Cutting (FGC). Dealing with Section 268(4) of the Criminal Code of Canada requires a strategic approach that ensures that the section is effectively enforced and that the intended beneficiaries receive maximum protection against the harmful practices it aims to prevent. One critical consideration is the need for specialized training for law enforcement agencies, healthcare professionals, and judicial officers to enable them to identify and respond to cases of FGM and FGC appropriately. Such training should focus on creating awareness of the signs of FGM and FGC, their physical and emotional effects, and the legal implications of engaging in these practices. Another strategic consideration when dealing with section 268(4) is the need to engage with communities where FGM and FGC are prevalent. Education and awareness campaigns should be initiated to sensitize parents and community leaders on the dangers of these practices. These campaigns should also educate communities about the criminal implications of engaging in FGM and FGC, including the potential imprisonment and deportation of perpetrators. Strategies that could be employed to enforce Section 268(4) of the Criminal Code of Canada could include developing a multidisciplinary response team comprising law enforcement, healthcare professionals, and social workers. This team could work together to provide support services for victims of FGM and FGC, which could include medical care, counseling, and referrals to relevant agencies. The team could also work to gather and analyze data to identify areas where FGM and FGC are prevalent, making it possible to target awareness campaigns and law enforcement efforts. In conclusion, Section 268(4) of the Criminal Code of Canada is a critical section that protects people, particularly women and girls, from harmful traditional practices such as FGM and FGC. To ensure that this section is effectively enforced, a strategic approach is required. This strategy should include specialized training for law enforcement agencies, healthcare professionals, and judicial officers, education and awareness campaigns for communities where FGM and FGC are prevalent, and the establishment of multidisciplinary response teams to provide support services for victims of FGM and FGC.