Skip to main page content
U.S. flag

An official website of the United States government

Dot gov

The .gov means it’s official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

Https

The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Access keys NCBI Homepage MyNCBI Homepage Main Content Main Navigation
. 2013 Dec 1;47(4):803-835.
doi: 10.1111/lasr.12044.

Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal

Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal

Bettina Shell-Duncan et al. Law Soc Rev. .

Abstract

Although the international community has recently promoted legislation as an important reform strategy for ending female genital cutting (FGC), there exist divergent views on its potential effects. Supporters argue that legal prohibition of FGC has a general deterrent effect, while others argue legislation can be perceived as coercive, and derail local efforts to end the practice. This study examines the range of responses observed in rural Senegal, where a 1999 anti-FGC law was imposed on communities in which the practice was being actively contested and targeted for elimination. Drawing on data from a mixed-methods study, we analyze responses in relation to two leading theories on social regulation, the law and economics and law and society paradigms, which make divergent predictions on the interplay between social norms and legal norms. Among supporters of FGC, legal norms ran counter to social norms, and did little to deter the practice, and in some instances incited reactance or drove the practice underground. Conversely, where FGC was being contested, legislation served to strengthen the stance of those contemplating or favoring abandonment. We conclude that legislation can complement other reform strategies by creating an "enabling environment" that supports those who have or wish to abandon FGC.

PubMed Disclaimer

Figures

Figure 1
Figure 1
Dimensions of Readiness to Change Female Genital Cutting. Individual preference for female genital cutting (FGC) and actual behavior regarding FGC combine to form five stages of change for FGC: willing adherent, contemplator, reluctant adherent, willing abandoner, and reluctant abandoner (after Shell-Duncan & Hernlund 2006).
Figure 2
Figure 2
Effect of Fear of Prosecution on Stage of Change among Senegalese Respondents. Significant associations between increasing law score (reflecting agreement with statements about the enforceability of laws banning FGC) and the predicted probability (calculated from results of logistic regression) of a willing abandoner (compared to willing adherent; N = 99; middle), or a contemplator (compared to willing adherent; N = 68; below), controlling for respondents’ age.

References

    1. Becker Gary S. Crime and Punishment: An Economic Approach. J. of Political Economy. 1968;76:169–217.
    1. Bicchieri Cristina. The Grammar of Society: Nature and Dynamics of Social Norms. Cambridge, MA: Cambridge Univ. Press; 2005.
    1. Boyle Elizabeth H, Sharon E Preves. National Politics as International Process: The Case of Anti-Female-Genital-Cutting Laws. Law & Society Rev. 2000;34:703–737.
    1. Davies Huw TO, Crombie Ian K, Manouche Tavakoli. Information in Practice: When Can Odds Ratios Mislead? British Medical J. 1998;316:989–991. - PMC - PubMed
    1. Diop Nafissatou. Excision. In: Ndiaye Salif, Mohamed Ayad., editors. Enquête Démographique et de Santé Sénégal 2005. Calverton, MD: ORC Macro; 2006.

LinkOut - more resources