Gambia’s Supreme Court to Decide on FGM Ban

FGM violates the right of women and girls to the highest attainable standard of health, the right to physical integrity, and life. Credit: Shutterstock

By Juliana Nnoko
Jan 28 2026 (IPS)

Gambia’s Supreme Court is considering whether a law protecting women and girls from female genital mutilation (FGM) is constitutional. The practice, common in Gambia, often involves forcibly restraining girls while parts of their genitals are cut, sometimes with the wound sewn shut.

FGM constitutes torture and cruel, inhuman, or degrading treatment under international human rights law. It can result in death or life long health problems such as infections, fetal deaths, obstetric complications, and psychological effects. Now the Supreme Court will decide whether women and girls will continue to be protected from such harmful practices.

Religious leaders and a member of parliament failed to get parliament to overturn Gambia’s 2015 FGM ban in 2024. They have taken their fight all the way to the Supreme Court, contending that the ban violates constitutional rights to cultural and religious freedom. This effort isn’t just a setback for one small West African country—it’s part of a global backlash against women’s rights that threatens to unravel decades of progress protecting women and girls from a widespread form of gender-based violence.

There’s no medical justification for FGM, according to the World Health Organization. Medicalization of FGM, in which the procedure is carried out by health personnel, does not reduce the violation of human rights. Regardless of where and by whom it is performed, FGM is never safe.

There's no medical justification for FGM, according to the World Health Organization. Medicalization of FGM, in which the procedure is carried out by health personnel, does not reduce the violation of human rights. Regardless of where and by whom it is performed, FGM is never safe. Nonetheless, over 230 million girls and women have undergone FGM, with about 63 percent of these survivors (144 million) in Africa

Nonetheless, over 230 million girls and women have undergone FGM, with about 63 percent of these survivors (144 million) in Africa. In Gambia in 2020, nearly three-quarters of women and girls between 15 and 49 reported having the procedure, with almost two-thirds cut before age 5. This isn’t an abstract human rights issue—it’s a public health crisis affecting millions of women and girls and the consequences follow them for life.

FGM violates the right of women and girls to the highest attainable standard of health, the right to physical integrity, and life. Women and girls who have experienced FGM face complications during childbirth, chronic infections, psychological trauma, and in some cases, death. In August 2025, a one-month-old baby girl bled to death after FGM was performed on her.

The government’s 2015 ban was a breakthrough. Gambia joined dozens of countries recognizing that FGM violates fundamental human rights, the rights to health, bodily integrity, and freedom from torture. The government even adopted a national strategy to eliminate the practice entirely by 2030, aligning with global Sustainable Development Goals. The government’s implementation of the ban and the strategy has been slow and now faced with challenges.

The Supreme Court is hearing arguments that should chill anyone who cares about human rights. Media reported that one witness, a prominent Muslim leader, attempted to justify the violence against women and girls, saying that “female circumcision” is part of Islam and isn’t harmful. When asked about two babies who died from the procedure, he replied: “We are Muslims and if someone dies, it’s God’s will.” He went on to say that the practice’s benefit is reducing women’s sexual desire, “which could be a problem for men.”

The plaintiffs’ courtroom arguments don’t hold up to scrutiny. There’s no requirement for FGM in Sharia (Islamic law). It’s not part of the Sunna (Prophetic traditions) or considered an honorable act. The practice predates Islam and isn’t universal among Muslims—it’s a cultural practice that some communities have incorrectly linked to faith.

Moreover, framing FGM as a constitutional right to religious freedom is misleading. The Gambian constitution restricts rights, including religious or cultural, that impinge on other people’s fundamental rights and freedoms, such as to life, from torture or inhuman treatment, and nondiscrimination.

Gambian organizations, including the Network Against Gender Base Violence and Women in Liberation and Leadership (WILL), are fighting this case. Civil society organizations mobilized survivors, community leaders, and women’s groups across the country to defeat efforts to repeal the law in Parliament in 2024. The opposition to the case is coming from women and girls whose lives literally depend on maintaining these protections.

“This is happening despite individuals being harassed, particularly on social media, for speaking out against the case creating an atmosphere where many survivors, including women’s rights defenders, are now choosing to be silent,” said Fatou Baleh, an anti-FGM activist, FGM survivor, and founder of WILL.

Gambia has ratified the African Charter on Human and Peoples’ Rights, its Protocol on the Rights of Women in Africa (Maputo Protocol), and the African Charter on the Rights and Welfare of the Child. Article 5 (b) of the Maputo Protocol explicitly prohibits all forms of FGM and medicalization of the practice.

In July 2025, the government signed the African Union Convention on Ending Violence Against Women, which was adopted earlier that year, reaffirming its commitment to adopt and enforce legal measures to prevent harmful practices and protect survivors, reinforcing the constitutional duty to uphold the FGM ban.

The health and well-being of girls and women in Gambia now rests with the Supreme Court. However the court rules, the government needs to invest in ending FGM through comprehensive education programs, community-led initiatives, strong enforcement of existing laws, and medical and psychological support for survivors to protect hundreds of thousands of women and girls’ lives.

 

Juliana Nnoko is a senior women’s rights researcher at Human Rights Watch.