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The Law and Practice Relating to Female Genital Mutilation inTanzania

Mwaipopo, Sarah (2004)
Department of Law
Abstract
This study is an attempt to examine the law and practice relating to female genital mutilation in Tanzania. In the course of writing this work, attention is paid to the difference between enforcement of legal and social norms, as this is important in any fight against the deeply entrenched harmful traditional practice of Female Genital Mutilation. In dealing with this problem, the usefulness of using the law is addressed while bearing in mind the old adage which says that'' changing the law is easier than changing the society'', as this saying is apposite in this subject. The regulatory role of the law has always been recognized, what is less clear is whether law is an appropriate tool to tackle practices that are deeply rooted in social,... (More)
This study is an attempt to examine the law and practice relating to female genital mutilation in Tanzania. In the course of writing this work, attention is paid to the difference between enforcement of legal and social norms, as this is important in any fight against the deeply entrenched harmful traditional practice of Female Genital Mutilation. In dealing with this problem, the usefulness of using the law is addressed while bearing in mind the old adage which says that'' changing the law is easier than changing the society'', as this saying is apposite in this subject. The regulatory role of the law has always been recognized, what is less clear is whether law is an appropriate tool to tackle practices that are deeply rooted in social, cultural or religious traditions .The answer to the conundrum has varied over time. Early colonial attempts to ban the practice have met with local resistance and generally failed to bring about an end to the practice. (See chapter two of this work) Post independence initiatives have had mixed results. The reasons for this are explored in this work. (See chapter two, four and five of this work) Secondly, this work treats the subject from both national and international human rights perspectives. In addressing the above aspects, this work is divided into five chapters: Chapter one is basically a research proposal, containing components such as background to the problem, statement of the problem, aims, objectives, scope and significance of the study. Literature review and the need for additional study are also included in this part. Chapter two takes care of the practice of Female Genital Mutilation in Tanzania, providing some insights on the conceptual framework of the topic, Its historical origins worldwide and types practiced world wide and in Tanzania, the actual situation of the practice in the country including reasons for the practice and its effects on the victims. Chapter three surveys into the international law instruments on FGM, attempting to look at the topic as a human rights issue. Examination and assessment of Tanzania's obligations under international law also feature in this part. Chapter four seeks to examine the law and practice relating to FGM in Tanzania, it analyses the national legal framework on the topic to see whether it is an appropriate tool for the eradication of the practice, whether laws are adequate or not in addressing the problem, both advantages and disadvantages of using the law will be assessed at the same time giving solutions for proper application of the law. Recognizing that the law has a limited role to play in addressing the problem of FGM, chapter five provides for conclusions and recommendations towards effective eradication of the ritual and changing of the societal attitudes by using the best and most cited tool i.e. education and other relevant strategies. (Less)
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author
Mwaipopo, Sarah
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law
language
English
id
1554868
date added to LUP
2010-03-08 15:22:41
date last changed
2010-03-08 15:22:41
@misc{1554868,
  abstract     = {This study is an attempt to examine the law and practice relating to female genital mutilation in Tanzania. In the course of writing this work, attention is paid to the difference between enforcement of legal and social norms, as this is important in any fight against the deeply entrenched harmful traditional practice of Female Genital Mutilation. In dealing with this problem, the usefulness of using the law is addressed while bearing in mind the old adage which says that'' changing the law is easier than changing the society'', as this saying is apposite in this subject. The regulatory role of the law has always been recognized, what is less clear is whether law is an appropriate tool to tackle practices that are deeply rooted in social, cultural or religious traditions .The answer to the conundrum has varied over time. Early colonial attempts to ban the practice have met with local resistance and generally failed to bring about an end to the practice. (See chapter two of this work) Post independence initiatives have had mixed results. The reasons for this are explored in this work. (See chapter two, four and five of this work) Secondly, this work treats the subject from both national and international human rights perspectives. In addressing the above aspects, this work is divided into five chapters: Chapter one is basically a research proposal, containing components such as background to the problem, statement of the problem, aims, objectives, scope and significance of the study. Literature review and the need for additional study are also included in this part. Chapter two takes care of the practice of Female Genital Mutilation in Tanzania, providing some insights on the conceptual framework of the topic, Its historical origins worldwide and types practiced world wide and in Tanzania, the actual situation of the practice in the country including reasons for the practice and its effects on the victims. Chapter three surveys into the international law instruments on FGM, attempting to look at the topic as a human rights issue. Examination and assessment of Tanzania's obligations under international law also feature in this part. Chapter four seeks to examine the law and practice relating to FGM in Tanzania, it analyses the national legal framework on the topic to see whether it is an appropriate tool for the eradication of the practice, whether laws are adequate or not in addressing the problem, both advantages and disadvantages of using the law will be assessed at the same time giving solutions for proper application of the law. Recognizing that the law has a limited role to play in addressing the problem of FGM, chapter five provides for conclusions and recommendations towards effective eradication of the ritual and changing of the societal attitudes by using the best and most cited tool i.e. education and other relevant strategies.},
  author       = {Mwaipopo, Sarah},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Law and Practice Relating to Female Genital Mutilation inTanzania},
  year         = {2004},
}