Germany: How do you apply for asylum based on female genital mutilation (FGM)?

Published on: 2023/07/19

By Natasha Mellersh

Published on: 2023/07/19

Article Content

Women and young girls facing the threat of female genital mutilation (FGM) can apply for asylum in Germany and the EU on the basis of two different legal grounds. InfoMigrants spoke to the rights group Terre des Femmes to find out more.

The German minister for equality, Aminata Touré (Green Party), has called for Germany to fully recognize female genital mutilation (FGM) as grounds for asylum. If the German government wants to implement the Istanbul Convention without reservation, she told the German paper Neue Osnabrücker Zeitung today, “the rights of refugee women and girls must now also be given greater consideration and gender-based violence must be recognized as grounds for asylum.”

Touré also called for women and girls to be better informed about their rights. “The mere fact that many of those affected are not fully aware of their rights or do not dare to openly address the issue can reduce their chances in the asylum process,” the minister said, adding that staff at the Federal Office for Migration should be specially trained to be sensitive regarding the issue.

According to estimates, tens of thousands of women who have undergone FGM live in Germany, and these figures are on the rise. The women’s rights organization Terre des Femmes (TDF) estimates there are now more than 100,000, with a further 17,700 girls currently at serious risk.

According to the United Nations Children’s Fund (UNICEF), more than 200 million girls and women across the world have experienced FGM.

How does the German law address FGM?

FGM includes all procedures involving the removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. The harmful practice is often carried out on girls under the age of 18. FGM is not prescribed by any particular religion and has no health benefits, it can be the cause of life-long physical and psychological trauma.

Under German law, performing FGM is a criminal offense (section 226a of the Criminal Code) and carries a prison sentence of up to 15 years. Germany’s Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has developed a downloadable document that girls at risk can carry with their passport when traveling to their home country from Germany — the Letter of protection against female genital mutilation.

The document provides information on the criminal liability of FGM, including when carried out abroad. It seeks to protect women, girls and their families against FGM when they return to countries of origin during holiday periods, for example. The letter seeks to help families who may face social and family pressure in their countries of origin and serves to raise awareness about the practice in general.

However, FGM remains largely taboo, making it especially difficult for affected women and girls to receive asylum in Germany on these grounds, even they have theoretically been entitled to do so since 2013.

Wider protection in the EU

In 2013, the Common European Asylum System (CEAS) — a legal regulation created to ensure uniform asylum jurisdiction within the EU, was expanded. Since then, an imminent risk of FGM or FGM that has already taken place has been a ground for granting asylum in Germany and all EU member states. This change in German asylum law was preceded by the 2011 Istanbul Convention, a Council of Europe convention on preventing and combating violence against women and domestic violence.

The expansion allows victims and those at risk of FGM to apply for asylum in Germany and the EU on two different legal grounds:

1. Asylum can be granted on the basis of gender-based persecution in the EU. As FGM is a gender-based type of persecution targeting women and girls and is particularly prevalent in certain regions and among certain ethnic groups, these factors must be taken into account during the asylum process. In relation to children, asylum may also be extended to parents whose daughters are at risk of FGM and are fleeing persecution for refusing to have the procedure performed.
2. Asylum may be granted on the basis of a threat of torture or inhumane, degrading treatment, which includes FGM under international law.

   SDGs, Targets, and Indicators

   1. SDG 5: Gender Equality

      • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
      • Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age group.

   2. SDG 16: Peace, Justice, and Strong Institutions

      • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
      • Indicator 16.1.2: Conflict-related deaths per 100,000 population, by sex, age group, and cause.

   Table: SDGs, Targets, and Indicators

   SDGs	Targets	Indicators
   SDG 5: Gender Equality	Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.	Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age group.
   SDG 16: Peace, Justice, and Strong Institutions	Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.	Indicator 16.1.2: Conflict-related deaths per 100,000 population, by sex, age group, and cause.

   Analysis

   The issues highlighted in the article are connected to SDG 5: Gender Equality and SDG 16: Peace, Justice, and Strong Institutions.

   Under SDG 5, the target of eliminating all forms of violence against all women and girls in the public and private spheres is relevant. The article discusses female genital mutilation (FGM) as a form of gender-based violence that women and young girls face. The indicator 5.2.1, which measures the proportion of ever-partnered women and girls subjected to physical, sexual, or psychological violence by a current or former intimate partner, can be used to measure progress towards this target.

   Under SDG 16, the target of significantly reducing all forms of violence and related death rates everywhere is relevant. The article highlights the need for greater consideration of gender-based violence as grounds for asylum. The indicator 16.1.2, which measures conflict-related deaths per 100,000 population by sex, age group, and cause, can be used to measure progress towards this target.

   Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

   Source: infomigrants.net

    

   

   Join us, as fellow seekers of change, on a transformative journey at https://sdgtalks.ai/welcome, where you can become a member and actively contribute to shaping a brighter future.