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United Kingdom
Prohibition of Female Circumcision Act 1985

The (UK) Prohibition of Female Circumcision Act 1985 includes the following provisions:

1(1)

Subject to section 2 below, it shall be an offense for any person -

(a)

to excise, inifibulate or otherwise mutilate the whole or any part of the labia majora or labia minora or clitoris of another person; or

(b)

to aid, alert, counsel or procure the performance by another person of any of those acts on that other person's own body.

(c)

 on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both; or

(d)

on summary conviction, to a fine not exceeding the statutory maximum (as defined in section 74 of the Criminal Justice Act 1982) or to imprisonment for a term not exceeding six months, or to both.

Section 2 of the Act makes it clear that the Act does not render unlawful a surgical operation which is necessary for the physical or mental health of the person on whom it is performed. In determining whether the operation is necessary for the mental health of a person, no account is to be taken of any belief of that person or any other person that the operation is required as a matter of custom or ritual.  <Read Notes on this Bill>

Canadian Legislation
Canada Bill C-126

This legislation is an Act to amend the (Canada) Criminal Code and the Young Offenders Act.

The problem of female genital mutilation has surfaced in recent years as an issue in Canada, and prompted a review in 1992 by the Canadian Department of Justice. That review concluded that such practices were clearly against several provisions of the Canadian Criminal Code. However, the review also raised concerns that the law did not prohibit the removal of a child from Canada for the purposes of having genital mutilation performed on that child. Bill C-126 was drawn up in response to those concerns.

The following provision in Bill C-126 is particularly relevant to female genital mutilation:

273.3(1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is:

(a)

 under the age of fourteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offense against section 151 or 152 or subsection 160(3) or 173(2) in respect to that person;

(d)

over the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offense against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect to that person.

Section 273 refer to two age limits, which reflect the age limits of the domestic offenses against children. For example, sexual interference (section 152) and invitation to sexual touching (section 152) are offenses if committed against those under 14, while sexual exploitation is an offense committed against anyone under the age of 18 years by a person in a position of trust or authority.

The new offense is a domestic offense, in the sense that it prohibits conduct occurring in Canada; that is, it prohibits the doing of anything for the purposes of removing from Canada a young person with the intent of committing outside Canada an act that would be one of the enumerated offenses if committed in Canada. There is, therefore, in law no element that must exist or occur outside Canada in order for the offense to exist. <Read Notes on this Bill>