§ 5.Gender inequality or cultural inequality?
Regarding the mistake of law and considering the different issued raised by the two…
If one would apply the standard of censurability to a person who had just arrived…
However, under Faria Costa, the dismissal of censure cannot signify the denial of the deepest values of the community…
Therefore, even in the case of FGM there could be a different solution on the punishability…
The problem is much more complicated regarding FGCS. As stated above, this practice…
Generally, (purely) cosmetic surgery is not punishable based on the informed consent…
The question remains: what would then be the difference between consenting women…
In the words of Shahvisi, “The dichotomy between the consenting white woman and the subjugated woman of colour is not only false, it is racist. Yet existing attempts to differentiate FGC from FGCS invariably rely upon, and reproduce, this distinction between white, Western women and girls, whose decisions are respected as instances of the freedom
The cornerstone relies in the ability to consent — if consent is admissible — of…
Conclusions…
Human rights are a most significant part of the European identity and both the European…
Accepting FGM as a non censurable mistake of law is accepting that an offense against human rights can be irreproachable − hence the existence of dogmatic solutions in the context of the mistake of law which aim at considering the deepest values of the community – the similar acts relating to FGCS also pose relevant questions in terms of their criminal relevance. In fact, even if adding a limit for FGM in the case of mistake of law can contribute to empower the protection of women and girls subject thereto, it can also reveal a culture inequality between women of different cultural contexts in the frame of analogous procedures.Sayfa 316
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