Paper short abstract:

In November 2015 the first conviction in Australia for 'female genital mutilation', or 'fgm' by an ethnic minority community, was handed down in the Supreme Court of NSW. This paper will focus on the law, justice and mutilation in the context of women's rights, multiculturalism and globalisation.

Paper long abstract:

In November 2015 the first conviction in Australia for 'female genital mutilation', or 'fgm' by an ethnic minority community, was handed down in the Supreme Court of NSW. In the case known as Magennis and Vaziri, three people were convicted of the crime of 'female genital mutilation': the mother, the midwife and the local Imam of the Dawoodi Bohra Muslim community. This conviction remains legally controversial, and is currently subject to appeal. Although it is unlawful in Australia to legislate in relation to particular people or groups of people, Australia's colonial history constantly reminds of repeated and painful targeting of Indigenous people, while contemporary global security concerns exhibit the sweeping effects of law and policy that permits policing of 'others'. The criminalisation of 'female genital mutilation' in all Australian States and Territories targets particular practices, but these practices are attributed to particular communities. The practices are often presumed to be Islamic and also associated erroneously with cultures or a religion that apparently sanctions the abuse of women and children through 'honour killings', 'forced marriages' and the 'mutilation' of women and girls. The law and its application and interpretation in this, and similar cases internationally, have turned on the word 'mutilation.' Drawing on the history of this legislation in Australia and the case referred to, this paper will focus on the law, justice and mutilation in the context of women's rights, multiculturalism and globalisation.