Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Regional, national and international cooperation protocols

Last edited: February 25, 2011

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Legislation should require that law enforcement and other state officials such as child protection, migration officials, and the health sector develop protocols to ensure coordination among these authorities with the aim of protecting girls who may travel to a country for purposes of FGM, to facilitate the provision of evidence for extraterritorial prosecutions, and to ensure that no cases go unreported. (See: Leye-Sabbe Expert paper, p. 11)

Promising Practice:  END FGM – European Campaign

Europe’s END FGM campaign is an example of regional cooperation. The campaign, led by Amnesty International Ireland, works in partnership with twelve organizations in EU Member States and, using a human rights-based approach, advocates that the elimination of FGM be made a high priority. The twelve campaign partners have expertise in the issue of FGM and work directly with women and girls affected by FGM, communities that practice FGM, and religious leaders.  They also lobby their national governments to take steps towards the elimination of FGM.  The END FGM campaign identifies gaps in the existing EU approach to FGM and opportunities for further cooperation, and recommends specific measures to be taken by EU institutions. For example, the campaign urges EU institutions to “encourage Europol… to, in accordance with the 2009 European Parliament resolution on FGM, ‘coordinate a meeting of European police forces with a view to intensify the measures to combat FGM, tackling the issues related to the low reporting rate and the difficulty of finding evidence and testimonies, and taking effective steps to prosecute offenders’…” The campaign thus ensures that the anti-FGM efforts of various EU bodies and Member States are coherent and coordinated in their approach. 

See: End FGM European Campaign and Amnesty International, Ending Female Genital Mutilation: A Strategy for the European Union Institutions (2010). Available in English and French.   

Partnership with International Organizations

Legislation should require the state to partner with major agencies which enforce human rights and gender equality and health and children’s rights, such as the European Union Agency for Fundamental Rights and the European Institute for Gender Equality and the WHO.

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