Sayfa 301Dr. Inês FERNANDES GODINHO**…
Introduction…
Female Genital Mutilation (FGM) is recognized in international terms as a violation…
Considered part of the scope of culturally motivated crimes against women, FGM entails…
We aim to assert to which extent the mistake of law can lead to the irreproachability…
Sayfa 302
§ 1.The principle of legality in criminal law and FGM
Under article 7, nr. 1 of the European Convention on Human Rights, “No one shall…
The principle of legality encompasses both the nullum crimen sine lege and the nullum poena sine lege…
Considering the teleology of the principle, it is important to emphasise that it…
Therefore, all dogmatic phrases have to respect the principle of legality as a fundamental…
Having the principle of legality under regard, including its demand for reasonable…
FGM is defined by the World Health Organization (WHO) as comprising all procedures…
a) Type 1: This is the partial or total removal of the clitoral glans (the external…
b) Type 2: This is the partial or total removal of the clitoral glans and the labia…
c) Type 3: Also known as infibulation, this is the narrowing of the vaginal opening…
d) Type 4: This includes all other harmful procedures to the female genitalia for…
Under Article 38 of the 2011 CoE Istanbul Convention, “Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised:a. excising, infibulating or performing any other mutilation to the whole or any…
b. coercing or procuring a woman to undergo any of the acts listed in point a;…
c. inciting, coercing or procuring a girl to undergo any of the acts listed in point…
Other regional instruments also aim at the prohibition of FGM, considering it to…
It is both surprising and complicated to understand this framework regarding FGM,…
According to the sharp definition of the American College of Obstetricians and Gynecologists…
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