{"title":"Historicising the prohibition of vulval cutting in the UK: how race and medicine shaped the criminalization of female genital mutilation.","authors":"Mireia Garcés de Marcilla","doi":"10.1093/medlaw/fwag034","DOIUrl":null,"url":null,"abstract":"<p><p>This article is a historical analysis of the law governing vulval cutting in the UK, with a particular focus on the shifting role and perception of the medical profession in this context. It shows how criminalization is not neutral or inevitable, but a strategy that developed through historically contingent negotiations between law and medicine. It charts how racially laden ideas of health, expertise and medical legitimacy informed successive legislative reforms. In doing so, it uncovers the genesis of how racialized understandings of medical authority and mental health were first used to draw fuzzy lines between lawful and unlawful operations, and argues that subsequent concerns of vulval cutting as a widespread problem within migrant communities displaced earlier debates about the contours of the medical exception, cementing its imprecise boundaries. In turn, this article suggests that, during these 40 years of legislative development, the role of doctors has changed considerably, from shaping the limits of the criminal prohibition to being responsibilized for enforcing it.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1000,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13623510/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law Review","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1093/medlaw/fwag034","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This article is a historical analysis of the law governing vulval cutting in the UK, with a particular focus on the shifting role and perception of the medical profession in this context. It shows how criminalization is not neutral or inevitable, but a strategy that developed through historically contingent negotiations between law and medicine. It charts how racially laden ideas of health, expertise and medical legitimacy informed successive legislative reforms. In doing so, it uncovers the genesis of how racialized understandings of medical authority and mental health were first used to draw fuzzy lines between lawful and unlawful operations, and argues that subsequent concerns of vulval cutting as a widespread problem within migrant communities displaced earlier debates about the contours of the medical exception, cementing its imprecise boundaries. In turn, this article suggests that, during these 40 years of legislative development, the role of doctors has changed considerably, from shaping the limits of the criminal prohibition to being responsibilized for enforcing it.
期刊介绍:
The Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in healthcare and the law.
The journal presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition, commentary sections provide in depth explorations of topical aspects of the field.