“Regarding the genital mutilations documented in the records, the Panel notes that these should be considered, also taking into account the low level of education which may partly prevent full awareness and understanding of one’s rights, especially in relation to traditional practices experienced at a young age and therefore not perceived by the woman as violations, although they should objectively be regarded as such. As the UNHCR specifies, harmful practices that violate the law and international human rights standards cannot be justified on historical, traditional, religious, or cultural grounds.
Like torture, FGM involves the deliberate infliction of severe pain and suffering. Furthermore, women who survive FGM endure long-term consequences, including chronic pain, chronic pelvic infections, reproductive system infections, repeated trauma during childbirth, and obstetric complications, as well as various emotional and psychological disorders, particularly post-traumatic stress disorder. FGM is therefore a form of gender-based violence, and a woman or girl who has already undergone the practice before seeking asylum may still have a well-founded fear of future persecution due to the permanent and irreversible nature of FGM. Finally, a girl or woman subjected to FGM in youth may later undergo re-excision or re-infibulation if the first procedure is considered incomplete, at the time of her marriage or the birth of a child.”
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