According to media reports a court in Canton Neuchâtel sentenced a Somali woman to a conditional custodial sentence of eight months on 12 July for arranging the female genital mutilation/cutting (FGM/C) of her two daughters. The two girls were six-and-a-half and seven years old when their external sexual organs were completely or partially removed. The interventions were carried out in Somalia respectively Ethiopia before the girls entered Switzerland. The convicted person was reported to the authorities by her estranged husband.

The judgement is the first to be handed down in Switzerland since the introduction of Article 124 of the Swiss Criminal Code (StGB, Verstümmelung weiblicher Genitalien). The judgement states that FGM/C is punishable even if the offence was committed before entering Switzerland. This is in line with the wording of the penal provision of Article 124 of the Swiss Criminal Code.

The Network against female genital cutting Switzerland welcomes the criminal prosecution of cases of female genital mutilation/cutting. Penalties should also be imposed on those who have girls subjected to FGM/C with a view to entering Switzerland or during trips abroad. However, we also acknowledge the fact that the court took account of the mother's personal situation, as indicated by the leniency of the sentence. We are not acquainted with the exact circumstances of the case. That said, according to the media the mother was under intense social pressure in her country of origin to have her daughters cut. She herself was subjected to FGM/C and she comes from an educationally disadvantaged background.
In addition, the specific circumstances of the case need to be mentioned: her husband, who filed a complaint against her, was reportedly convicted last year of endangering his wife's life.

Beyond the specific case, various questions arise, in particular those of legal nature regarding the effects of the judgement, e.g. concerning the moment the offence took place before entering Switzerland, particularly also with regard to the gathering of evidence by the Swiss prosecution authorities. Once the written judgement of the criminal court has been made available, due consideration must be given to such issue when discussing this legal precedent.

Finally, we wish to point out that in any criminal proceedings, absolute priority must be given to the medical and psychosocial needs of the persons affected. Moreover, repressive instruments such as bans or criminal prosecutions are not in themselves sufficient to prevent FGM/C, as this is a social norm. Prevention and awareness-raising work within the relevant communities in Switzerland and their countries of origin is necessary to encourage new ways of thinking and promote shifts in values and attitudes.