Article 38(a) of the Istanbul Convention
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/06/28
International documents provide the basis for rights, for individuals and peoples. This includes the marginalized. This incorporates the majority, whoever and wherever. The Council of Europe Convention on preventing and combating violence against women and domestic violence or the Istanbul Convention is a huge document.
However, when one examines the particular issues over 100 million and potentially 200 million girls and women around the world, potentially far, far more, but at least tens of millions of girls and women. They undergo this in unsanitary and forced conditions with the pressure of religion, family, culture, and community.
The 38th article of the document lays out the importance of this act. That is, it should be criminalized rather decriminalized or permitted in the first place.
Article 38(a) states:
Article 38 – Female genital mutilation
Parties shall take the necessary legislative or other measures to ensure that the following
intentional conducts are criminalized:
a excising, infibulating or performing any other mutilation to the whole or any part of a
woman’s labia majora, labia minora or clitoris;
That seems rather comprehensive and covers the main concerns regarding women’s health and the violation of their bodies. Regardless of the basis for it, this act should be criminalized in any of its forms and this document provides the basis for activism against it. Women can do something about it. Men can support them.
Especially for those men in more prominent positions, the “M” in “FGM” seems straightforward. It is mutilation often at a young age and without consent. It tends not to be an adult with fully informed consent and in unsafe and dirty conditions. Should this be permitted to happen to tens of millions of women?
The Istanbul Convention is a salient piece of international rights statements because of the continued retractions, currently, ongoing in spite of the vast strides made for the equality of women with men.
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One can find similar statements in other documents, conventions, declarations and so on. Based on the personal analysis in conjunction with a colleague (Sarah Mills) in other publications, I find the following documents with the subsequent statements of equality or women’s rights:
- The Universal Declaration of Human Rights in the Preamble, Article 16, and Article 25(2).
- Convention Against Discrimination in Education (1960) in Article 1.
- The International Covenant on Economic, Social and Cultural Rights (1966) in Article 3 and Article 13.
- The Istanbul Convention and Article 39.
- Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
- The Declaration on the Elimination of Discrimination Against Women(1993).
- Beijing Declaration(1995).
- United Nations Security Council Resolution 1325 (2000).
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000).
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa or the “Maputo Protocol” (2003).
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