[en] female genital mutilation (FGM) ; right to health ; right to human dignity, ; ight to culture ; consent ; Kenya
[en] To date, almost 74 years since the adoption of the Universal Declaration of Human Rights (the UDHR), the tensions between universalism and cultur-al relativism in the field of human rights, whose provenance can be traced back to the debates surrounding the drafting and adoption of the UDHR, still linger on, playing out on the national stage in countries such as Kenya. At its core, universalism argues that all human rights inhere in all individ-uals without distinction, and that they must stand even when in when in opposition to established cultural practices. In contrast, cultural relativism holds that no particular culture is superior to another, and centers on the need for forbearance and respect towards each culture to avoid imperialist tendencies of imposing beliefs. This paper argues that these binary ideolog-ical viewpoints are magnified in the context of female genital mutilation. Through an analysis of the case of Tatu Kamau v Attorney General & 2 others; Equality Now & 9 others (Interested Parties);Katiba Institute & another (amicus curiae) [2021] eKLR, it is proposed that a cultural ap-proach is needed in addition to legal measures in place to combat the practice.
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[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
