Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal

Area of Science:

• Public Health
• Sociology
• Law and Society

Background:

• Legislation is promoted internationally to end female genital cutting (FGC).
• Divergent views exist on the effectiveness of anti-FGC laws, with some arguing for deterrence and others for potential coercion.
• This study examines the impact of Senegal's 1999 anti-FGC law in communities actively contesting the practice.

Purpose of the Study:

• To analyze the effects of anti-FGC legislation in rural Senegal.
• To evaluate the interplay between social and legal norms in the context of FGC.
• To test predictions from law and economics and law and society paradigms.

Main Methods:

• Mixed-methods study in rural Senegal.
• Analysis of community responses to anti-FGC legislation.
• Examination of the relationship between legal norms and social norms.

Main Results:

• In communities supporting FGC, the law was ineffective and sometimes led to reactance or secrecy.
• Where FGC was already being contested, the law reinforced the position of those favoring abandonment.
• Legislation's impact varied based on pre-existing social norms and community engagement.

Conclusions:

• Anti-FGC legislation can have unintended consequences when imposed on resistant communities.
• Legislation can be a valuable tool when it complements existing local efforts to end FGC.
• Creating an "enabling environment" through law supports individuals and communities working to abandon FGC.