Removal of Conflicting Provisions
Last updated May 2010
 
Because the elimination of FGM involves extensive social change, drafters should review and reform other laws that prevent the equality of women and girls. Legislation should require that laws, in any area, that conflict with the underlying goal of women’s equality, safety and education, be removed or amended. 
 
Drafters should specifically review conflicting customary and religious laws or situations of dual legal systems where civil law operates adjacent to customary or religious laws which often govern family relations and property rights and may discriminate against women. 
 
To this end, drafters should develop and review laws in other areas to ensure they reflect a commitment to establishing the equality of women and girls. Examples include:
  • Development of uniform civil laws relating to family and property law that have clear supremacy to conflicting customary or religious law.
  • Development of laws that prevent discrimination against minorities.
  • Development of immigration laws that protect and prioritize the rights of women and girls. 
  • Development of laws that protect the advancement of women in employment. 
  • Development of laws that ensure the right to health and education for women and girls.