The Supreme Constitutional Court (SCC) has rejected an appeal which contested the constitutionality of Article 212 of the Penal Law that bans female genital mutilation (FGM), commonly known as female circumcision
The Supreme Constitutional Court (SCC) has rejected an appeal which contested the constitutionality of Article 212 of the Penal Law that bans female genital mutilation (FGM), commonly known as female circumcision.
The case had been referred to the SCC by the Administrative Court. The plaintiffs had claimed that the aforementioned article violated the Constitution as well as the provisions of Islamic sharia and the established community customs and traditions.
The SCC cited as reason for rejecting the case the fact that none of the plaintiffs was in any way directly harmed by the Article 212 the constitutionality of which they were contesting. The court explained that the constitutionality of certain issues, including the ban on female circumcision, cannot be viewed and ruled upon in the abstract, but within a specific context.
Watani International
5 February 2013