Guidance
Female genital mutilation
We use a sensitive and considered approach for child protection cases where the practice of female genital mutilation has been alleged.Updates made to this guidance
Changes have been made to a number of pages on the Practice Centre to align with the practice approach. Specific changes include:
- Tiaki Oranga replaces the safety and risk screen, and is now being used throughout the life of a case, across service lines whenever we need to understand current safety.
- All references to the Tuituia domains and subdomains have been removed and we now promote the use of Te Puna Oranga and our models, tools and resources to build and deepen our understanding.
- The Tuituia report has been replaced with the assessment report.
What is female genital mutilation
Female genital mutilation (commonly referred to as FGM) is the term used for a traditional practice that involves partial or total removal of the external female genitals or injury to the female genital organs for non-medical reasons. It can range from partial removal of the clitoris to removal of all genitalia and the narrowing of the vaginal opening (infibulation). This practice may also be referred to as ‘female circumcision’.
Female genital mutilation – World Health Organization
Socio-cultural context of female genital mutilation
FGM is practised predominantly in Africa, and also in the Middle East and Asia, with some reports in other areas, such as South America. However, due to international migration patterns, the World Health Organization has identified FGM as being a global human rights concern.
FGM is deeply embedded in cultural, social and religious beliefs and can only be understood within this context. Despite its harmful effects FGM is perceived as a beneficial custom providing girls and women with many cultural, religious and social advantages within their own culture.
Female genital mutilation in New Zealand
FGM is an illegal practice in New Zealand. There is a maximum of 7 years in jail for anyone found guilty of practising it.
The law also states it is illegal to:
- make any arrangement for a girl to leave New Zealand for female genital mutilation to be performed
- assist or encourage any person in New Zealand to perform female genital mutilation on a New Zealand citizen or resident outside New Zealand
- convince or encourage any other New Zealand citizen or resident to go outside New Zealand to have female genital mutilation performed.
Female genital mutilation — section 204A of Crimes Act 1961
There is no documented evidence that FGM is practised in New Zealand and we receive very few reports of concern involving FGM. However, some women immigrating to New Zealand have already undergone FGM, and some girls here may be at risk of it occurring.
Responding to actual or suspected cases of FGM
National contact centre – initial assessment phase
All reports of concern received at the national contact centre, or by anyone else in Oranga Tamariki, that allege that a tamaiti or rangatahi has been subjected to or is at risk of being subjected to the practice of FGM should:
- meet the threshold for Further Action
- be considered for referral to the Police under Child Protection Protocol
- consider including other female siblings aged 15 years and under
If the national contact centre is considering assessing the report of concern as No Further Action, they consult with the International Casework Team.
Email: icpu@ot.govt.nz
Investigation and response
1 Complete a child/young person and family consult
As part of the consult, we need to:
- identify the correct ethnicity/tribe/clan and religion of te tamaiti or rangatahi and then consult or include an appropriate advisor
- consult with the International Casework Team
Email: icpu@ot.govt.nz - identify if consultation with a medical professional is needed and whether a medical examination is required
- consider if there are enough concerns to apply for a Prevention to Remove Order while the investigation is ongoing
- assess the risk to other tamariki or rangatahi in the whānau or family
- consider whether an interpreter is required – use a professional, independent interpreter, not a family member
- decide if a specialist child interview is required.
2 Build our understanding
Building understanding about immediate safety and oranga
We use the Organising my Practice tool to plan mahi and take an organised, intentional approach to building understanding and working with tamariki, rangatahi and whānau or family involved in FGM.
We use Tiaki Oranga to build understanding about the immediate and potential safety and risk concerns relating to FGM for te tamaiti or rangatahi. This includes considering risk of harm for te tamaiti or rangatahi. When considering these risks, we should engage with whānau or family unless we believe this is not in the best interest of te tamaiti or rangatahi – for example:
- when there is evidence that engaging with the parents may place te tamaiti or rangatahi at greater risk of harm
- if there is a risk that evidence related to the criminal activity of FGM may be lost or destroyed
- if engagement with the whānau or family may encourage them to abscond with te tamaiti or rangatahi.
Seeking consent to talk to tamariki and rangatahi
We build understanding about whether it is safe for te tamaiti or rangatahi to remain at home. We explore any potential carer's attitude to FGM, particularly when considering a whānau or family care arrangement.
Building our understanding and planning our mahi may include:
- requesting information from Immigration New Zealand and/or the Department of Internal Affairs to identify the citizenship or immigration status of te tamaiti or rangatahi and whether they were born in New Zealand
- if te tamaiti or rangatahi was born overseas, checking how they entered New Zealand and how long they have been here for
- checking if te tamaiti or rangatahi has travelled out of New Zealand and who accompanied them, which port they left from and how long they were away for
- exploring any plans for international travel
- finding out who are the primary caregivers of te tamaiti or rangatahi – this may not be their birth parents as they may have entered New Zealand as a refugee who was adopted by a family member, or they may have entered under the Family Reunification Programme as a result of an application made by an extended family member
- confirming the age of te tamaiti or rangatahi where possible (if te tamaiti or rangatahi entered New Zealand as a refugee, they may have an estimated age determined by the United Nations High Commission of Refugees so they may be older or younger than the age that is recorded on their legal documents)
- consulting with the school of te tamaiti or rangatahi – the school may have heard information from the school community which is aligned to the allegations of FGM
- consulting with any health professionals known to the family
- consulting with a community worker who is part of the same community or culture/clan as the family – this needs to be done with considerable care as the contact person may endorse the practice of FGM.
Working with te tamaiti or rangatahi
We use Tiaki Oranga to work with te tamaiti or rangatahi to build understanding about current safety.
When working with te tamaiti or rangatahi to build understanding:
- we treat them with sensitivity and respect because of the belief that FGM has their best interests at its heart
- we use words they will understand – for example, a tamaiti or rangatahi is unlikely to use terms such as ‘FGM’ or ‘female circumcision’
- we are alert for indications that further exploration is needed – for example, te tamaiti or rangatahi might talk about travel or a celebration or party.
Working with the whānau or family
When we work with the whānau or family, we build understanding of their narrative and history so we can work together to build safety for te tamaiti or rangatahi:
- we allow ample time to discuss this very sensitive subject
- we treat the whānau or family with sensitivity and respect because of their belief that FGM is in the best interest of te tamaiti or rangatahi and the practice is supported by customs, values and sociological pressures – however, we don’t lose sight of the fact that FGM is an extremely harmful traditional cultural practice
- we are mindful that the mother of te tamaiti or rangatahi or other female family members may have undergone this procedure themselves
- we remember that each community that practices FGM will have different words, phrases and terms to describe the different types of FGM – we should use the word that the family uses
- we check the views, values and opinions of any interpreter or support people we use
- we check if they are aware that New Zealand law prohibits FGM, which includes making arrangements for this to be done overseas.
3 Forming a belief
If our investigation finds that FGM has occurred or is likely to occur, we need to follow our usual guidance and in addition include:
- a timeline that outlines when FGM has occurred or is likely to occur, where it occurred or is likely to occur and by whom (if known)
- ensure that te tamaiti or rangatahi and their whānau or family receive sensitive counselling and culturally appropriate support.
Policy: Family group conferences for care and/or protection concerns