FEMALE GENITAL MUTILATION: LAW, RELIGION, ANATHEMA AND GLOBAL HEALTH
Massimo Papa
DOI: https://doi.org/10.36158/97888929575033
The article has been translated automatically. Note
1
Law and social historians have tried to rebuild a human right tradition that would date back up to the early civilizations: among the first samples of this legislative production we would find legislative corpora such as the Hammurabi Code (XVIII Century BC) or the Cyrus Cilinder (VI Century BC). This kind of legislative production, despite their absolute historical and social interest, are not to be considered as a proper legislative issue of human rights in the stricter sense. In this sense, see: Hunt, L. (2008), Inventing Human Rights: a history, W.W. Norton & Company
2
This concept is here expressed according to a very modern terminology. This reference shall therefore be considered as an ante litteram one. For an actual explication of this term in its legal-political meaning, see: Fisch J., Mage A. (2015), The Right of Self-Determination of Peoples The Domestication of an Illusion, Cambridge University Press, published online 2015 Dec
https://doi.org/10.1017/CBO9781139805698.003
3
Human rights are in fact acknowledged at an international, ultra-state, universal level
4
The first sample of a declaration in this sense is the Universal Declaration of Human Rights of 1948, whose text is available online: https://www.ohchr.org/en/universal-declaration-of-human-rights, latest access: 15/06/2023
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For an in-depth analysis of thid phenomenon see: Hunt, L. (2008), Inventing Human Rights: a history, W.W. Norton & Company
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As general as possible. For the idea of the object of justice in Thomas, see: Thomas Aquinas, Summa Theologiae II-IIae, q. 57, a. 1
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The best reconstruction of the building of the Islamic legal thought, see: Wallaq, W.B. (2012), The origin and evolution of Islamic law, Cambridge University Press, doi:
https://doi.org/10.1017/CBO9780511818783
8
African Union, Protocol to the African Charter of human and peoples' rights on the rights of women in Africa, available at: https://au.int/en/treaties/1170
9
The list of the Coutries that have signed/ratified the Protocol are available at: 37077-sl-PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA.pdf (au.int)
Massimo Papa
Full Professor in Comparative Private Law and expert in Sharia` and law of Islamic Countries, Tor Vergata University, Rome, Italy
mpapa@uniroma2.it
Bibliography
Fisch J., Mage A. (2015), The Right of Self-Determination of Peoples The Domestication of an Illusion, Cambridge University Press, published online 2015 Dec; doi: https://doi.org/10.1017/CBO9781139805698.003
Hunt, L. (2008), Inventing Human Rights: a history, W.W. Norton & Company
Universal Declaration of Human Rights of 1948f
Wallaq, W.B. (2012), The origin and evolution of Islamic law, Cambridge University Press, doi: https://doi.org/10.1017/CBO9780511818783
African Union, Protocol to the African Charter of human and peoples’ rights on the rights of women in Africa, available at: https://au.int/en/treaties/1170
