| Rights |
Administrative lawSome people may fear returning to their country of origin for a reason related to a harmful traditional practice, such as circumcision. In Belgium, these individuals can obtain information and support and be directed towards a lawyer by, among others, the GAMS-Belgium non-profit organisation : http://www.gams.be Rue Traversière, 125 Criminal lawArticle 409 of the Belgian penal code decrees a 3- to 5-year prison term for :“Anyone who practises, facilitates or promotes any form of mutilation of the genital organs of a person of the female sex, with or without the latter's consent.” The fact that the victim is minor is an aggravating circumstance (like the seriousness of the after-effects, the aim of making a profit and in general situations of dependency). The 10-year term of limitation starts to run only as from the day the victim turns 18. Professional secrecy is waived and any person, professional or ordinary citizen who fails to raise the alarm that a young girl is being threatened with sexual mutilation, either in Belgium or abroad, is guilty of failing to assist a person in danger. In addition, any person who took part in a mutilation on minor, including abroad, can be legally pursued in Belgium provided that the perpetrator is in Belgian territory. Youth rights
To protect a little girl from her own family, the Crown Prosecutor can, in the event of extreme need, petition the youth judge to remove the child from her family and place her in care. Civil lawThe protection of young girls can be taken into account on the civil level: in an emergency situation, the judge of the summary procedures may be obliged to place a child in the care of a relative and to forbid the child’s leaving the territory, provided, of course, there is a proven serious risk of mutilation. Social rightThe impossibility of returning to the country of origin can, in certain cases, be compared to an act of force majeure, which justifies the granting of a social security by a CPAS (welfare centre). |