What is it about the basic concept of human rights that confuses so many people, such as U.N. High Commissioner for Human Rights Navi Pillay:
FGM is a form of gender-based discrimination and violence. It is a violation of the right to physical and mental integrity. It violates the right to be free from torture and other cruel, inhuman and degrading treatment. Because it is almost always practised on young children, it is also a violation of the rights of the child. FGM violates the right to the highest attainable standard of health, including sexual and reproductive health. And when it results in the death of the person who is mutilated, it violates the right to life.
I’d state it as the rights of self-ownership and bodily integrity, but still, even this way it’s easy to understand. Cutting an individual’s healthy genitals without the person’s consent violates rights. So why staple on this (emphasis added):
This harmful and degrading practice is not based on any valid premise. FGM has no health benefits. On the contrary, it generates profoundly damaging, irreversible and life-long physical damage. It also increases the risk of neonatal death for babies born to women who have survived it.
The answer is obvious to anyone who spends any time studying the issue of genital cutting. It’s a method that attempts to distinguish female genital cutting from male genital cutting. It shows up over and over. It’s transparent and wrong because it’s politics at the expense of human beings. The principle isn’t gendered. Non-therapeutic genital cutting on a non-consenting individual violates the individual’s human rights, full-stop. That is the human rights principle involved. The potential health benefits a child’s parents may cite can’t be a valid premise for non-therapeutic surgery without the child’s consent.
That isn’t my primary point here, though. The “FGM has no health benefits” approach is short-sighted and obtuse in the push to end FGM. It contains an implicit argument that FGC – not FGM, because unnecessary genital cutting without consent somehow can’t be mutilation – would be acceptable if some health benefit could be reasonably claimed. It’s a way of saying that human rights are important, but only to the extent that someone can’t find an excuse people are willing to accept as justification for ignoring obvious violations. It demonstrates that the person making the argument does not understand the implications of defending human rights and the courage it requires to be consistent to the principle. This tactic is not a framework for considering humans and their rights. It’s a strategy uninterested in human rights principles. It’s a strategy of manipulating emotions to achieve an ideological goal.
“The most perfidious way of harming a cause consists of defending it deliberately with faulty arguments.”
That’s what the “FGM has no health benefits, so it’s not acceptable like male circumcision” argument is when attached to a human rights argument. If you claim to defend human rights, you have to defend human rights, not the politics of favored human rights.