France - CNDA, 6 July 2009, Ms. D., n°635611/08016081
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What was at stake
EDAL summary. A woman having undergone female genital mutilation FGM, who benefitted from reconstructive surgery in France, an act considered as an infringement of Guinean customs despite its official ban, must be...
What happened
The applicant, a woman from Guinea of Diakhanke origin, had undergone female genital mutilation (FGM) and later received reconstructive surgery in France. She feared persecution if returned to Guinea, as the surgery was seen as an infringement of Guinean customs. Additionally, she was separated from her husband and feared being forced into marriage upon return.
What the court decided
The Court held that a woman who underwent female genital mutilation (FGM) and subsequently reconstructive surgery in France, an act considered an infringement of Guinean customs, must be recognized as a member of the social group of women who oppose FGM in Guinea. This membership, combined with a well-founded fear of persecution upon return due to the surgery and lack of state protection, entitled her to asylum.
How the court got there
The court decided in favor of the applicant because she had a well-founded fear of persecution due to the reconstructive surgery, which was perceived as a violation of her community's customs. The court recognized that she would likely face violence without protection from Guinean authorities, given the high prevalence of FGM in her ethnic group despite official bans.
Statutes and cases cited
- § 1951 Refugee Convention Art 1A
- Sissoko case law
Categories
Authoritative link
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