Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

August-27-09

Reconsideration of Asylum Petition Granted in FGM Case

The 9th US Circuit Court of Appeals ruled this week in favor of a family seeking asylum in the US on the grounds that their daughter may face female genital mutilation (FGM) if they return to their home country of Indonesia. The asylum claim was filed in 2002 by Bob Benito Benyamin and Anabella Rodriguez after their business visa expired. Their claim rested, in part, on the fact that their eldest daughter had been forced, without their consent, to undergo FGM in Indonesia as an infant. They feared a younger daughter would be forced to undergo the procedure if the family returned.

The decision (see PDF) reversed the Bureau of Immigration Appeal's (BIA) decision that found the FGM performed on the family's eldest daughter did not constitute past persecution and that the mutilation did not result in serious harm. The appeals court ruling stated, "the BIA's attempt to parse the distinction between differing forms of female genital mutilation is not only a threat to the rights of women in a civilized society, but also runs counter to [established] precedent."

The Court found that the parents may derivatively qualify for asylum based on the "well-founded fear of future persecution based on the possibility that Anakarina (their younger daughter) would be forced to endure female genital mutilation if forced to return to Indonesia." A lawyer for the family told the San Francisco Chronicle that the decision corrected key legal errors made by the BIA and that "there's no such thing as mild female genital mutilation." The asylum claim will be reconsidered.

FGM is the partial or total removal of external genitalia. The practice both increases the risk of HIV transmission and increases infant and maternal mortality rates. In many cases, FGM decreases women's sexual satisfaction. Approximately 3 million young women annually are forced to undergo FGM as a form of birth control and as initiation into womanhood.

Media Resources: 9th Circuit Court of Appeals 8/24/09; Feminist Daily Newswire 7/7/09; San Francisco Chronicle 8/25/09


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

1/27/2016 Study Exposes 'Gender Gap' in Media Coverage of Reproductive Issues - A new study by the Women's Media Center has revealed more than half of news stories focusing on reproductive issues are written by men. According to WMC Media Watch: the Gender Gap in Coverage of Reproductive Issues, men penned 52 percent of bylines discussing issues of reproductive health care - including contraception and abortion - compared to just 37 percent by women. . . .
 
1/27/2016 Taiwan Elects First Woman President - In a landslide victory, the leader of Taiwan's Democratic Progressive Party (DPP) Tsai Ing-wen won the country's presidential election, becoming the first woman in Taiwan's history to hold the position. Emphasizing her party's commitment to maintaining Taiwan's independence from China, Tsai won over young voters eager to usher in a political changing of the guard following some 70 years of dominance by the pro-Chinese unification party, the Kuomintang (KMT), chaired by presidential opponent Eric Chu. . . .
 
1/26/2016 Anti-Abortion Extremists Behind Planned Parenthood Attack Videos Indicted - Two anti-abortion extremists responsible for last year's misleading videos attacking Planned Parenthood have been indicted on criminal charges by a grand jury in Houston, Texas. On Monday, Harris County district attorney Devon Anderson announced that David Daleiden, the director of the Center for Medical Progress (CMP) - the group behind deceptive videos falsely accusing Planned Parenthood of illegally selling fetal tissue - was indicted on a felony charge of tampering with a governmental record and on a misdemeanor charge related to the purchasing of human organs. . . .