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

4/22/2014 US Ranks 16th in 2014 Social Progress Index - The Social Progress Imperative recently released its 2014 Social Progress Index, ranking the United States in 16th place among 132 countries. Harvard Business School Professor Michael Porter, a Republican who led the report team, told CNN's Fareed Zakaria that he was surprised by the ranking. . . .
 
4/22/2014 Florida Supreme Court Recognizes Anti-Discrimination Protections for Pregnant Workers - The Florida State Supreme Court ruled last week that pregnancy discrimination is a form of sex discrimination under Florida employment law. The 6-1 decision allows Peguy Delva to proceed with her lawsuit against her employer, real estate developer Continental Group. . . .
 
4/21/2014 Arizona Governor Signs Bill Allowing Suprise Inspections of Abortion Clinics - Arizona Governor Jan Brewer signed a bill into law last week allowing state health authorities to conduct surprise inspections of abortion clinics without a warrant. HB 2284 repeals an Arizona law that requires a judge to give approval for inspections of abortion clinics. . . .