Female Genital Mutilation/Cutting as a Ground for Asylum in Europe

Girls, women, men, and boys seeking asylum due to fear of persecution on Female Genital Mutilation/Cutting (FGM/C)-related grounds can qualify for refugee status under the 1951 Refugee Convention relating to the Status of Refugees. Europe has been confronted with an increasing number of applicants seeking asylum from FGM/C-practising countries of origin. This article aims to assess the de facto legal protection offered to asylum seekers on FGM/C-related grounds in Europe. The legal and policy asylum framework, consisting of instruments and documents from both the Council of Europe (CoE) and the European Union (EU), will be analysed. Furthermore, the case law of the European Court of Human Rights (ECtHR) concerning asylum claims on FGM/C-related grounds will be examined in order to assess the level of protection it offers. This article illustrates that both the CoE and the EU have undertaken significant legislative efforts in past decades relating to asylum cases involving FGM/C, resulting in an extensive legal and policy asylum framework. Analysis of the case law of the ECtHR reveals that the Court offers limited protection to applicants whose asylum claims relate to FGM/C. We conclude that the legal protection offered to actual or potential victims of FGM/C remains limited and a number of obstacles exist.