By Anastasia Law, Program Officer for North America, Equality Now

Female Genital Mutilation (FGM) is a serious violation of the rights of women and girls, yet this issue has long been ignored in the United States capital, Washington D.C.(District of Columbia). Currently, there is no specific law against FGM in the D.C. But this could soon change when The Female Genital Mutilation Prohibition Act of 2023, passed by the Council of the District of Columbia, is signed into law in the coming days. The Bill seeks to prevent FGM within Washington D.C. by holding those who knowingly perform or consent to FGM on any individual accountable. 

FGM persists in Washington D.C. 

According to 2013 estimates by the Population Reference Bureau, 51,411 women and girls have undergone or are at risk of FGM in Washington D.C. This staggering figure, based solely on reported FGM prevalence data in diaspora communities, is over a decade old, further highlighting the urgent need for updated statistics and action. 

Although awareness of FGM often centers on immigrant communities, this narrative overlooks its occurrence in other groups, including in Christian communities within the U.S.

FGM has lifelong impacts on women and girls 

FGM is internationally recognized as a serious human rights violation, constituting torture and an extreme form of discrimination against women and girls, which involves the partial or total removal of, or other injury to, external female genitalia for non-medical reasons. It is important to note, however, that FGM should not be conflated with gender-affirming care. 

FGM can cause a range of immediate and long-term health problems, including hemorrhaging, chronic infections, infertility, childbirth complications, emotional trauma, and sexual dysfunction. In some instances, FGM can result in death and is linked to higher rates of maternal and infant mortality.

At least 513,000 women and girls are estimated to have undergone or be at risk of FGM in the US, according to the Centers for Disease Control and Prevention. 

Washington D.C. primed to protect its women and girls  

The Female Genital Mutilation Prohibition Act of 2023, known to legislators as B25-0247, was first introduced in 2023. This legislation seeks to: 

• Prohibit “any procedure performed for non-medical purposes that involves partial or total removal of, or other injury to, the external female genitalia
• Enact criminal penalties against those who perform FGM and who facilitate the act, including parents or guardians who consent to it
• Penalize “vacation cutting,” the term for taking individuals out of Washington D.C. for the purpose of undergoing FGM
• Provide survivors the right to pursue civil remedies
• Explicitly exclude gender-affirming care from its scope

In addition to addressing the act of FGM itself, the bill emphasizes education and community outreach—essential components for the sustainable implementation and eradication of this harmful practice.

Limits to the federal law against FGM

Performing FGM in the US or taking a girl out of the country for the purpose of being cut is a federal crime. However, this alone is not enough to protect women and girls in every state. Legislation outlawing FGM at the state level is crucial because states have a significantly greater capacity than federal authorities to directly assist women and girls. 

State laws govern local police, healthcare, and social services, the criminal justice system, and schools. These laws enable local governments to raise awareness about FGM within local communities, provide direct support to survivors and those at risk, and investigate and prosecute cases with greater efficiency.

Recognizing these gaps, Equality Now, the US End FGM/C Network, and partners highlighted these concerns in a 2023 submission to the United Nations Human Rights Committee, The submission highlighted the US’s failure to protect women and girls within its borders from FGM and other human rights violations.

The Committee subsequently recommended the US government ensure effective implementation of its federal law- the Stop FGM Act of 2022 (also known as Strengthening the Opposition to Female Genital Mutilation Act of 2020) – and encouraged states to pass comprehensive legislation that prohibits all forms of FGM. This underscores the need for robust, state-level legal frameworks that can address the issue at its roots while supporting survivors on a local level.

Washington D.C. must join other states to protect the human rights of its residents

On December 15, 2024, B25-0247 – Female Genital Mutilation Prohibition Act of 2023, is expected to be enacted into law, representing a crucial opportunity to protect the human rights of women and girls in Washington D.C.  and setting a powerful example for other states, particularly neighboring Maryland and Virginia, where gaps in legislation remain. 

The Bill’s provisions on “vacation cutting”–traveling abroad to perform FGM/–offer a model for future laws and provide an opportunity for other states to use the bill’s language to strengthen existing FGM law. The bill’s application to adults as well as minors, its explicit distinction between gender-affirming care and FGM, and its emphasis on survivor-centered remedies reflect best practices in addressing this human rights violation.

Addressing the legal, social, and educational dimensions of FGM, will help to ensure that future generations are free from this harmful practice. It is imperative that the remaining 8 states and jurisdictions in the US without laws prohibiting FGM follow suit, affirming a collective commitment to the human rights of women and girls in the US. As this bill becomes law, we are hopeful that it inspires continued action and implementation to combat and eradicate FGM for all.