The legislative preamble sets the stage for the entire piece of legislation. The following elements are important to a strong and inclusive legislative preamble:
- A definition of discrimination against women and girls as a restriction based upon sex which impairs the rights of women and girls. (See: United Nations Handbook for legislation on violence against women, 3.1.1 (hereinafter UN Handbook))
- A statement that acknowledges that the root cause of violence against women is the subordinate status of women in society. (See: General Recommendation 19, Paragraph 11; UN Secretary-General’s study on violence against women, para. 30; Other Causes and Complicating Factors, StopVAW, The Advocates for Human Rights; and The International Legal Framework, StopVAW, The Advocates for Human Rights)
- A statement that legislation should be comprehensive and criminalize all forms of violence against women. (See: UN Handbook, 3.1.2.)
- A statement that the law will protect all women and girls. See: UN Handbook 3.1.3. For example, one of the first articles of the Maria de Penha Law (2006) of Brazil (hereinafter law of Brazil) states that:
“All women, regardless of class, race, ethnicity, sexual orientation, income, culture, educational level, age and religion, enjoy the basic rights inherent to the human person, and are ensured the opportunities and facilities to live without violence, preserve their physical and mental health and their moral, intellectual and social improvement.” (Article 2)
- A statement that all forms of FGM are forms of violence against women and girls.
- A statement that FGM is a form of child abuse.
- A statement that no customary or religious justifications shall be considered to justify FGM in any form. (See: UN Handbook 3.1.5; Convention on the Rights of the Child)
- A statement that the state has the duty to prevent FGM, to investigate and prosecute cases of FGM, to investigate cases of imminent FGM, to protect potential victims, to punish perpetrators of FGM, and to give support to survivors of FGM.