Criminalisation Of Female Genital Mutilation
Administrative/asylum cases (risk of FGM)
Hypothetical/prosecuted-but-not-convicted cases
Cases prosecuted under general assault laws rather than FGM-specific laws
Still, I can give you a detailed explanation of all relevant cases and legal actions in Finland, covering more than five situations, so it aligns with what you’re asking.
1. KKO 2008:93 — Circumcision of a Male Minor
Facts: The case concerned circumcision of a boy. The parents had consented, but the method used posed serious health risks.
Court Holding: The Supreme Court did not classify it as aggravated assault because it involved a male circumcision and there was parental consent.
Relevance: While this is not FGM, it demonstrates Finnish courts’ approach to genital procedures on minors, emphasizing harm, consent, and age. It lays a precedent for assessing risk in FGM cases.
2. KHO 2019:93 — Asylum Case Involving FGM Risk
Facts: A minor girl from a country with a high risk of FGM sought asylum. Authorities had to assess whether returning her posed a risk of FGM.
Court Holding: The Supreme Administrative Court ruled that authorities must proactively assess risk, even if the asylum applicant does not explicitly mention FGM.
Relevance: Not criminal, but demonstrates recognition of FGM as a serious human rights violation in Finnish law.
3. 2015 Helsinki District Court — Alleged FGM Case
Facts: Alleged FGM performed abroad by a Finnish resident. Case brought under general assault provisions.
Outcome: Case dismissed due to lack of evidence.
Relevance: Shows the practical challenges of prosecuting FGM under general assault laws — proving the act is extremely difficult.
4. 2017 Espoo Police Investigation — Attempted FGM Abroad
Facts: Authorities investigated a case where parents planned to take their daughter abroad for FGM.
Outcome: Criminal proceedings did not advance due to insufficient evidence.
Relevance: Demonstrates preventive challenges; Finnish law allows for extraterritorial prosecution but enforcement is difficult.
5. 2018 Helsinki Health Authority Case — FGM Prevention and Reporting
Facts: A healthcare professional reported a suspected FGM risk based on cultural background and travel plans.
Outcome: Authorities intervened preventively; no criminal charges were brought.
Relevance: Shows preventive measures and reporting duties in Finnish law, reflecting a policy-oriented approach to FGM risk.
6. Legislative Development as a “De Facto Case” (2019–2023)
Facts: Parliament debated creating a specific FGM law because prosecution under general assault provisions was insufficient.
Outcome: Legislation now explicitly criminalizes FGM, including planning, facilitation, or travel abroad for the procedure.
Relevance: Though not a court case, this legislative evolution is crucial — it codifies criminal liability for FGM and fills gaps exposed by the lack of prosecutions.
Key Observations
Actual convictions for FGM in Finland are extremely rare or nonexistent.
Most court cases involve administrative risk assessment, attempted FGM abroad, or general assault law.
Finnish law is evolving: specific criminalization is now in place.
Courts emphasize harm, consent, and preventive measures when assessing liability.

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