Female genital mutilation ban left out of new SA child protection laws
THE state’s Guardian for Children has complained that a ban on female genital mutilation has been left out of new South Australian child protection laws.
THE state’s Guardian for Children has complained that a ban on female genital mutilation has been left out of new South Australian child protection laws.
Amanda Shaw said that while the practice would still be illegal under criminal law, she fears if it is not added to the draft child protection Bill, preventive measures like stopping girls as young as 5 being sent overseas for the “operation” will be lost.
Until now, these protections have been in the Children’s Protection Act 1993, but are not part of the State Government’s new Children and Young People Bill being debated this week in Parliament.
“Including it under the old Act as a child protection matter meant as well as being illegal, people can do harm minimisation, risk management, and prevention,’’ Ms Shaw told The Advertiser.
“We don’t want to have to wait for a crime to take place, and protecting the child goes far beyond just cases where a crime can be proven in court.
In the Act being replaced, a court can prevent a person from taking a child at risk of genital mutilation from the state, seize the child’s passport, and order regular examinations by doctors to make sure they have not been mutilated.
Ms Shaw said it was also hard to collect criminal evidence for a court prosecution once the victim had been taken overseas.
“We know anecdotally the children live here and can be removed from the country for the purpose of the mutilation,’’ Ms Shaw said. “So if a child abuse report is done (in warning), we can (currently) prevent the child from leaving the country.’’
The new Bill has been drafted to allow some recommendations of the Nyland Royal Commission to be made law.
The World Health Organisation estimates 200 million girls and women worldwide have suffered from the religious practice of genital mutilation, which is common in Africa and the Middle East.
Attorney-General John Rau said the mutilation could come under the Bill under some circumstances: “If a child is at serious risk of harm it would still fall under the Children and Young People (Safety) Bill’’.