Recommendation 2: In addition to training, health workers should have access to capacity-building resources including information, education and communication (IEC) materials and job aids, e.g. clinical guides, handbooks, algorithms, flow charts, anatomical models and other digital/print resources explaining the types of FGM, the associated complications and their management.
- Summary of the evidence -
A review was conducted to explore the impact of laws and policies relating to mandatory reporting of FGM, criminalization of the practice, and support to women and girls who have undergone FGM on health workers’ knowledge, attitudes and skills, and their confidence in providing respectful FGM-related prevention and care services within clinical settings and communities (research question 3, see Annex 4).7 No studies meeting the inclusion criteria were found. The GDG noted the methodological challenges in attributing FGM-related outcomes to laws and policies. The GDG decided to issue this best practice statement, given the obligations of States to adhere to international human rights legal standards and to encourage key actors, including in the health sector, to take actions that promote the rights of women and girls. International human rights treaties require States Parties to respect, protect and fulfil the enjoyment of individual rights in their jurisdictions. States Parties to these treaties have an obligation to perform due diligence by taking all necessary steps to enable every person to enjoy their rights.
Laws and policies are tools for health governance that provide transparency about government commitments to a certain issue, outline a course of action and detail the responsibilities in terms of implementation, as well as provide progress measures. Based on learnings from developing and implementing laws and policies for other health topics (such as gender-based violence, safe abortion care, and HIV), rights-based laws, policies and regulations have the potential to strengthen health systems, to improve the availability, accessibility, acceptability and quality of care, and to improve health outcomes. In addition, laws and policies are considered to play a foundational role in FGM-abandonment efforts – providing the legal grounding and impetus for country-level stakeholders to advocate for and implement actions to bring about FGM abandonment. Finally, laws and policies are crucial for monitoring progress in terms of human rights, and they are important reference points for those seeking accountability for human rights violations.
The Global strategy to stop health-care providers from performing female genital mutilation elaborates why legal and policy frameworks in support of women’s and girls’ human rights are important components in the prevention of FGM. The Global strategy explains why the practice of FGM should give rise to legal and professional sanctions, such as criminal penalties for health workers who perform FGM and withdrawal of their licences. The Global strategy also highlights the need for health workers to be adequately sensitized and trained on the content of the relevant laws and policies, in order to be able to adhere to them and to accurately inform their clients and patients about their rights so as to empower them to access available legal-support resources. Wherever possible, health workers should assist women and girls who have undergone FGM and who are seeking legal support by providing evidence to back up their legal claims when requested. A recent review conducted to synthesize and assess the quality and strength of existing evidence on interventions designed to prevent or respond to FGM noted that while legislative interventions alone may not be effective in changing attitudes towards FGM or its prevalence, in settings where community members are already questioning or abandoning the practice and are seeking social acceptance, these interventions could accelerate change, especially if accompanied by political will, the existence of locally appropriate enforcement mechanisms, sensitization activities and sufficient resources for implementation.
- Rationale -
GDG members noted that it is difficult to disaggregate the effects of laws and policies supporting the prevention of FGM from other interventions targeting health workers (66, 67). This also applies to mandatory reporting laws under which a health worker has a duty to report if they believe that a girl might be at risk of FGM. Additionally, the GDG noted that the effects of the laws or policies would depend on the type of law being proposed, stating that laws on mandatory reporting, laws criminalizing the practice and laws that promote access to FGM prevention and care services would each have different effects. It was also noted that the illegality of FGM might affect women’s and girls’ health-seeking behaviour and the ability of health workers to engage with them around the topic of FGM. It was agreed that sensitizing health workers to laws and policies against FGM remains an important element of health worker capacity-building.
- Implementation remarks -
The GDG noted that the effect of FGM-related laws and policies also needs to be contextualized and that in some settings, legislation enacted without consideration of local contexts may be counterproductive and even harmful for the intended beneficiaries, leading to changes in the practice rather than elimination. GDG members also noted that while most laws and policies in countries with low FGM prevalence, including those with diaspora populations from countries where FGM is prevalent, outlaw all forms of FGM, attention mainly focuses on Type III FGM, which could potentially lead to racial or ethnic profiling and increase the vulnerability of migrant women and girls from countries where Type III FGM is commonly practised. Finally, the GDG noted that there was a lack of clarity on the criminality of less severe forms of FGM, e.g. Type IV.
- Research gaps -
Although evidence on the impact of different laws and policies on the elimination of FGM is lacking, and it is difficult to measure their impact, still laws and policies are needed to protect women and girls from FGM conducted by any person, including health workers, and to ensure compliance with international human rights standards. Qualitative research and programmatic evaluations seeking to understand the impact of various laws and policies on the elimination of FGM are recommended to fill important research gaps in this area. The GDG considered indirect evidence from a study conducted in Kenya, which suggested that health workers’ obligation to report appeared to negatively affect their clients’ health-seeking behaviour (69), but more evidence is needed to confirm this finding and its implications for service provision.
- Summary of the evidence -
Similar to the search for evidence on the effects of laws and policies, in the same systematic review no studies were identified to provide evidence on whether or not the implementation of professional codes of conduct for health workers reduces the medicalization of FGM or improves the quality of care provided to clients and patients.
- Rationale -
The Global strategy to stop health-care providers from performing female genital mutilation calls on professional organizations “to adopt and disseminate clear standards condemning the practice of any type of FGM and issue firm guidelines for their members not to perform FGM, and not to accept or support its practice. This should be backed up by the application of strict sanctions against practitioners who violate those standards and guidelines” (34). These actions can be implemented in different ways in different settings but will align with the ethical principles to which health workers are subject.
- Implementation remarks -
GDG members noted that if professional associations had mechanisms for enforcing their professional codes of conduct this would help to ensure that health workers honour the principles of medical ethics. The GDG noted that while laws and policies can frame the scope of programmatic work that influences the prevention of FGM and FGM medicalization, they can be leveraged to enforce professional codes of conduct among health workers with a view to preventing the medicalization of FGM. It is therefore necessary to ensure that health workers comply with such professional codes as part of human rights and ethical principles. This, however, needs to be context-specific and the types of enforcement mechanisms (e.g. penalties, loss of licence, fines) should be adapted to different settings.
- Research gaps -
Although evidence on the impact of professional codes of conduct on preventing health workers from performing FGM is lacking, and it is difficult to measure the impact of specific codes of conduct, still accountability measures are needed to ensure compliance with international human rights standards. Programmatic evaluations to understand the impact of various professional codes of conduct on the elimination of FGM are recommended to fill research gaps in this area.

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