2019
DOI: 10.1108/s1059-433720190000078006
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Court Cases, Cultural Expertise, and “Female Genital Mutilation” in Europe

Abstract: This chapter discusses adjudication, expertise, and cultural difference as it appears in criminal court cases concerning female genital cutting (FGM) in the EU, as reported in a 2015 comparative overview. It begins with the distinction between typical and atypical FGM cases; a distinction that connects court cases to the cultural realities of the practicing communities, suggesting that the lack of cultural knowledge can cause unnecessary suffering to families and/or individuals who wrongly undergo prosecution … Show more

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Cited by 8 publications
(3 citation statements)
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References 18 publications
(20 reference statements)
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“…These include: violence in family relationships or genital mutilation and child slavery; crimes against sexual freedom; crimes related to the use of substances acceptable in the culture of origin and compulsory education default. This is widely highlighted in the literature (Rimonte, 1991;Cardillo, 1997;Kim and Sung, 2000;Lee and Lawy, 2001;Chiu, 2006;Sorenson, 2006;Leye et al, 2007;Abeya et al, 2012;Basile, 2013;Ali, 2014;Frick, 2014;Mestre i Mestre and Johnsdotter, 2019).…”
Section: Lack Of Awareness Of What Constitutes a Crime In The Host Co...mentioning
confidence: 86%
“…These include: violence in family relationships or genital mutilation and child slavery; crimes against sexual freedom; crimes related to the use of substances acceptable in the culture of origin and compulsory education default. This is widely highlighted in the literature (Rimonte, 1991;Cardillo, 1997;Kim and Sung, 2000;Lee and Lawy, 2001;Chiu, 2006;Sorenson, 2006;Leye et al, 2007;Abeya et al, 2012;Basile, 2013;Ali, 2014;Frick, 2014;Mestre i Mestre and Johnsdotter, 2019).…”
Section: Lack Of Awareness Of What Constitutes a Crime In The Host Co...mentioning
confidence: 86%
“…In diaspora, some of these traditional values are changing. Several studies have found increasingly negative attitudes to infibulation (Gele et al, 2012;Johansen, 2017aJohansen, , 2019Johnsdotter & Essèn, 2016;Mestre i Mestre & Johnsdotter, 2019;Vogt, Efferson, & Fehr, 2017;Wahlberg, Johnsdotter, Selling, Källestål, & Essén 2017) and some acceptance of surgical deinfibulation (Tvenge & Andersen, 2017). Nevertheless, there remains substantial resistance to deinfibulation.…”
Section: Infibulation As a Cultural Practicementioning
confidence: 99%
“…But it was not until the 1990s-with the arrival of many Somali refugees-that the issue came to the fore and became extensively discussed in public (Johnsdotter 2008a, p. 161). Sara Johnsdotter, professor of medical anthropology, has both followed and written extensively about these debates and the legal cases of FGM in Sweden and elsewhere (Johnsdotter 2008b;Mestre i Mestre and Johnsdotter 2019). She was an expert witness in the first ever FGM trial in Sweden.…”
Section: Culture Law and Expertsmentioning
confidence: 99%