Victims of FGM could sue government for failing to protect them, say lawyers

Victims of female genital mutilation could sue the government for millions for failing to protect them from the barbaric practice, leading lawyers warned today.

They said victims could get compensation after British authorities failed to bring a single prosecution despite FGM being criminalised three decades ago.

The Bar Human Rights Committee of England and Wales believes the UK is in breach of its international law obligations to protect young women and girls from mutilation.

Kirsty Brimelow QC, the committee’s chairwoman, said: “During the period of the UK’s breach, thousands of British girls and young women have been unnecessarily exposed to the risk of mutilation and have suffered irreparable physical and emotional damage. Many could — and should — have been saved.”

The legal experts submitted a detailed report on the British authorities’ failures over FGM, including the lack of prosecution, guidance for health and social workers and education for pupils.

Former Liberal Democrat leader Sir Menzies Campbell QC said: “This authoritative report raises fundamental questions about the government discharging its international obligations.

“It may well be that victims would be entitled to sue the government.”

Stephanie Harrison QC, from Garden Court Chambers, told The Standard: “There is obviously precedent for the State being sued where it has failed in its duty of care.

“An obvious example is where children have been in the care of local authorities and have not been protected from physical or sexual abuse.”

The final bill could run into millions if cases are successful.

The Crown Prosecution Service is examining ten cases of alleged FGM with a view to bringing the first prosecution for the crime.

Mayor of London Boris Johnson urged the authorities to explore further bringing a case where the victim does not have to go to court and perpetrators can be brought to justice based on evidence from health and other professionals.

Campaigners against FGM today praised the Evening Standard for bringing the subject into the mainstream.

Education Secretary Michael Gove has agreed to write to all schools in England about FGM and 250,000 people have signed a petition calling on him to ensure schools teach about FGM before the summer holidays — known as the “cutting season”, when girls are sent away to be mutilated.

FGM survivor Nimko Ali, whose story was first revealed in the Evening Standard last February, said: “The Standard campaign started the ball rolling.”

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