News Item: Clitoraid Statement on Judge's Decision in Michigan Case
(Category: Press Releases)
Posted by nadine
07 Jan 2019

The members of Clitoraid are outraged with US District Judge Bernard Friedman’s decision to render unconstitutional the US federal law banning FGM or Cutting (FGM/C). Clitoraid, a charitable US organization inspired by International Spiritual leader Rael, has been offering clitoral restorative surgery to over 500 survivors of Female Genital Mutilation (FGM) since 2009.

"We demand that Judge Bernard Friedman’s decision be overturned and that the federal law ban all Genital Mutilation (GM) in children regardless of gender'" says Nadine Gary, Clitoraid Director of operations.

Children genital mutilation is a serious human rights violation and a form of child abuse. It has a life-long health and psychological consequences and must both be apprehended at the federal and state levels.

The Michigan case is significant because it uncovers two disturbing legal outcomes concerning the protection of children against genital mutilation in the US.

Firstly, FGM is being downgraded to a legislation solely regulated by individual states instead of a uniform federal protection because according to Judge Friedman FGM is a 'local criminal activity'. It is to be noted that over 500,000 FGM victims currently reside in the US according to the Centers for Disease Control and Prevention (CDC)

"Yet, the lack of federal legislation would incite perpetrators to cross state borders and freely seek a safe haven or a lesser punishment to practice their crime. Currently, 23 US states have yet to criminalize FGM." warns Gary.

Secondly, Dr. Jumana Nagarwala who forced genital cutting on little girls in the Michigan Livonia clinic testified to only performing a "minor nick" . Her statement causes male circumcision to be legally challenged. See thorough analysis of Brian Earp, Associate Director of the Yale University program on Health and Ethics policy and Research Fellow at the university of Oxford.

Dr. Nagarwala's act violated the current Federal law title 18 U.S.C. §§ 2, 116, and 371 pertaining to Female Genital Mutilation which reads: "whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both".

"So, if a 'minor nick' on girls genitals constitutes a violation which Judge Friedman characterizes as “criminal assault” but the cutting of the entire foreskin of boys' genitals is not, then the above law is in dire need of being rewritten to protect all children". points out Gary.

In the US, 81% of the male population is victim of genital cutting according to the CDC.

Concerning the Michigan case, the Clitoraid members therefore declare: Genital Mutilation is a violation of the bodily and sexual integrity of children and must be punished to the full extent of the federal law regardless of the gender of children.

See Brian Earp full analysis in favor of a law banning Genital Mutilation regardless of gender

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