Court: Supreme Court of The Gambia

Summary:
This case concerns a constitutional challenge to Sections 32A and 32B of the Women’s (Amendment) Act, 2015, which criminalise female genital mutilation (FGM) in The Gambia.

The applicants, comprising individuals and civil society organisations, argue that the criminalisation of FGM is inconsistent with constitutional protections, including rights related to dignity, equality, and the exercise of cultural and religious freedoms. They contend that the National Assembly acted beyond its legislative authority in enacting the provisions and that the law unlawfully restricts constitutionally protected rights.

The case raises broader constitutional questions regarding the extent to which cultural and religious practices are protected under the Constitution, and the State’s obligations to regulate or prohibit practices that may conflict with fundamental rights and freedoms.

The applicants seek declaratory relief on the constitutionality of the impugned provisions and clarification of the scope of State obligations in balancing cultural and religious rights with the protection of women and girls.The National Human Rights Commission of The Gambia is participating in the proceedings as amicus curiae, with technical support provided by IHRDA.