Inmigración, integración y diversidad: Un análisis crítico a partir del tratamiento de la mutilación genital femenina en la Unión Europea

Abstract

Female genital mutilation represents a serious violation of the Human Rights as indicated in current International Law. This circumstance and the world-wide spread of the practice require a Criminal Law intervention and the consideration of applying the Principle of Universality in its prosecution. However, the application of Criminal Law in the destination countries to those migrants who are the parents of the mutilated minors produces a set of dilemmas which must be addressed. This must happen from a humanitarian perspective whilst upholding a higher legitimacy in the intervention. In this research effort it is essential to reflect on the lack of agreement in the European Union about standards referring to gender violence, of which FGM is a typology, the condition of refugee and the effectiveness of the Principle of Universality.