LEGAL IMPLICATIONS OF THE FEMALE GENITAL MUTILATION IN OPEN SOCIETIES

Migration brings about an open type of society which allows for mutual enrichment, but, in turn, is not without tensions that arise as a result of the confrontation between the customs and traditions of a people and the rules of coexistence of another. This collision is especially evident in the subject of female genital mutilation, a practice that reflects the observance of cultural norm in some cases, and religious in other cases, which are a sign of identity or of gender. This paper studies this issue in our country, its legal frame of reference as well as proposals for its eradication, considering the Spanish case law starting from the contested principle of universal justice.