Legal Situation
International Legal Frameworks
FGM/C is recognized worldwide as a human rights violation. International agreements require states to protect girls and women from it.
Key International Principles
UN Human Rights: Violation of the right to life, physical integrity, and freedom from torture and violence.
UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Requires states to eliminate discriminatory practices such as FGM/C.
UN Convention on the Rights of the Child: FGM/C is considered a serious threat to a child’s well-being.
Agenda 2030, Goal 5.3: Global elimination of harmful practices such as FGM and child marriage by 2030.
Istanbul Convention (Council of Europe): requires all EU member states to recognize FGM/C as a form of violence and to provide comprehensive protection.
EU Directive 2024/1385: explicitly calls for the criminalization of FGM/C in all EU member states.
National Laws in Germany
Germany has clear provisions under criminal law, family law, and immigration law to protect against FGM/C.
Criminal Law
Section 226a of the German Criminal Code (StGB): FGM/C has been a separate criminal offense since 2013 and is punishable by up to 15 years in prison.
Section 5 of the German Criminal Code (StGB): FGM/C performed abroad is also a criminal offense in Germany (“FGM performed abroad”) if the victim lives in Germany or the perpetrator is a German citizen.
Section 171 of the German Criminal Code (StGB): FGM/C is considered a violation of the duty of care.
FGM/C constitutes a threat to a child’s welfare. Child welfare agencies are required to intervene, for example, by implementing protective measures, terminating parental rights, or imposing travel bans. The risk of “vacation circumcision” may result in the revocation of a passport (Sections 7–8 of the Passport Act).
Protective Measures
The FGM/C Protection Letter can assist affected families while they are traveling and inform them that the practice is a criminal offense.
The Right to Asylum and the Treatment of Asylum Seekers
FGM/C can be grounds for recognition in asylum proceedings, as it is a form of gender-based persecution.
Classification under asylum law:
Under German asylum law, the threat of or actual experience of female genital mutilation can be recognized as a form of gender-based persecution. The risk of becoming a victim of FGM/C can lead to the granting of refugee status, as it constitutes a serious violation of fundamental human rights. At the European level, too, the vulnerability of women and girls from countries of origin where FGM/C is practiced has been explicitly recognized. This makes it clear that gender-based violence must be taken seriously as a cause of flight and given appropriate consideration in the asylum process.
Practical challenges:
In practice, however, significant challenges remain. Despite facing a concrete threat, affected women and girls do not always receive the necessary protection. It is often assumed that they could move to another region within their country of origin to escape the threat of female genital mutilation. However, this so-called “domestic flight alternative” often fails to take into account the actual social and family structures. The pressure to undergo FGM/C often comes from family groups, social networks, or entire communities and can persist regardless of where one lives. Moving within one’s country of origin therefore often does not provide effective protection.
Furthermore, in many cases, only a ban on deportation is issued, rather than recognition of refugee status. While a ban on deportation protects against return to the country of origin, it is often associated with fewer rights and a more precarious prospect of residency. Women and girls fleeing gender-based violence need a reliable and permanent protection status that does justice to their specific situation.
Special attention is also given to girls who live in Germany or were born here. If there is a risk of female genital mutilation upon return to their country of origin, this circumstance must be taken into account in decisions regarding residence and asylum. Protecting children from gender-based violence is a fundamental human rights obligation.
Access to Care:
In addition to legal protection, access to medical, psychological, and social support is of great importance. Many survivors suffer from the long-term physical and psychological consequences of female genital mutilation. Chronic pain, complications during pregnancy and childbirth, post-traumatic stress disorder, depression, or anxiety disorders can have a lasting impact on these women’s lives. This makes specialized and culturally sensitive support services that address the individual needs of survivors all the more important.
However, those seeking protection often face barriers to accessing health services and therapeutic care. At the same time, the burden of proof in asylum proceedings places additional strain on many women. Medical certificates or expert opinions must often be submitted to prove that female genital mutilation has already occurred or that there is a concrete threat. Having to revisit traumatic experiences can pose a significant psychological burden.
Women and girls who have undergone or are at risk of FGM/C therefore need not only legal protection but also safe housing, trauma-sensitive support, and unrestricted access to medical and psychosocial care. Only through a comprehensive system of protection and support can their rights be effectively safeguarded and their participation in society promoted.
