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Gambia Supreme Court Hears FGM Ban Challenge
Politics

Gambia Supreme Court Hears FGM Ban Challenge

The GuardianJan 9
3 min read
📋

Key Facts

  • ✓ A group of religious leaders and an MP in the Gambia have launched efforts to overturn a ban on female genital mutilation at the country’s supreme court.
  • ✓ The court case, due to resume this month, comes after two babies bled to death after undergoing FGM in the Gambia last year.
  • ✓ Almameh Gibba, an MP and one of the plaintiffs, tabled a bill to decriminalise FGM that was rejected by the country’s parliament in 2024.

In This Article

  1. Quick Summary
  2. Legal Battle to Overturn FGM Prohibition
  3. Previous Legislative Defeat
  4. Tragic Context and Human Cost
  5. Key Entities Involved

Quick Summary#

The supreme court in the Gambia has heard a case brought by religious leaders and a member of parliament to overturn the nation's ban on female genital mutilation (FGM). The legal action is led by MP Almameh Gibba, who previously attempted to decriminalize the practice through legislation in 2024.

That earlier bid was unsuccessful, with the country's parliament rejecting the bill. The current court case is scheduled to resume this month. It follows the deaths of two infants last year who bled to death after undergoing FGM. This development is seen as part of a wider movement against women's rights.

Legal Battle to Overturn FGM Prohibition#

A significant legal proceeding has commenced in the Gambia, focusing on the country's prohibition of female genital mutilation. A coalition of religious leaders and Member of Parliament Almameh Gibba have petitioned the supreme court to invalidate the ban. This action represents a direct challenge to the legal framework established to protect women and girls from the harmful practice.

The plaintiffs aim to decriminalize FGM, a move that follows a previous attempt to change the law through the legislative branch. The case is currently pending and is set to continue its proceedings within the month. The challenge is not an isolated event but is characterized as a component of a growing global backlash against women's rights advancements.

Previous Legislative Defeat 📜#

The current supreme court case is not the first effort by Almameh Gibba to alter the legal status of FGM. In 2024, the MP formally introduced a bill in the national parliament with the specific goal of decriminalizing the practice.

However, this legislative initiative failed to gain the necessary support. The parliament ultimately rejected the bill, upholding the existing ban. This defeat in the legislative arena has now been followed by a strategic shift to the judicial system, placing the decision in the hands of the country's highest court.

Tragic Context and Human Cost 💔#

The legal arguments for and against the FGM ban are set against a backdrop of recent tragedy. The court case comes after a devastating incident in the Gambia last year, in which two babies died. The infants reportedly bled to death as a direct result of undergoing female genital mutilation.

This fatal outcome underscores the severe health risks and life-threatening consequences associated with the procedure. The timing of the legal challenge, so soon after these deaths, has intensified the public and international focus on the proceedings and the stakes involved for the country's most vulnerable citizens.

Key Entities Involved#

The legal challenge is being driven by a specific group of individuals and institutions. The primary plaintiff is Almameh Gibba, a sitting MP in the Gambia who has championed the cause of decriminalization. He is joined by a collective of religious leaders who support his position.

On the other side of the legal battle is the state, represented by the parliament which originally passed the ban, and the supreme court, which now holds the authority to interpret the constitutionality of the law. The outcome of the case will be determined by the judicial body's ruling on the matter.

#Global development#Female genital mutilation (FGM)#Women#Health#Global health#Violence against women and girls#Anti-rights movement#The Gambia#Society#Africa#World news#Human rights#Women#Life and style

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