Influence of Legal and Regulatory Framework on Female Genital Mutilation in Kenya

Abstract

Several unique obstacles are involved in creating and enforcing laws meant to end harmful behaviors that society accepts and supports. The main components of an extensive legislative framework to promote FGM cessation are presented in this study. Additionally, it offers detailed instructions on the legislation's content and how it relates to the social change process intended to foster.

Indeed, one essential step in helping to end these practices is establishing a legislative framework that makes it clear that abusive behavior is prohibited. However, the practice will continue and may be eradicated if legislation prohibiting it is adopted in situations where people engage in the activity. Therefore, the challenge is to develop, introduce, and implement legislation in a way that contributes to a social change process that ultimately leads to communities choosing to abandon using the practice.

This paper argues that a human rights-based approach is fundamental in developing, enacting, implementing, and monitoring legislation on FGM, especially where there is societal support for the practice. Such an approach ensures that the legislation is a positive force in promoting the abandonment of FGM as it requires the public participation of those directly or indirectly affected by the legislation. A human rights-based approach to legislative reform promotes a transformative process by enabling people to recognize and claim their rights.

This paper is intended to guide legislators, parliamentarians, jurists, lawyers, judges, ministries, government officials, human rights and children's rights advocates, policymakers, and all involved in laws, programs, and policies addressing FGM.