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ACTS SUPPLEMENT No. 3 9th April, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 21 Volume CIII dated 9th April, 2010. Printed by UPPC, Entebbe, by Order of the Government. Prohibition of Female Genital Act 5 Mutilation Act 2010 THE PROHIBITION OF FEMALE GENITAL MUTILATION ACT, 2010. ARRANGEMENT OF SECTIONS Section Part I—Preliminary
Part II—The Offence of Female Genital Mutilation
mutilation.
Part III—Court Orders And Jurisdiction
Part IV—Duty To Report
Part V—Miscellaneous Provisions
SCHEDULE Currency Point |
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Prohibition of Female Genital Mutilation Act |
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THE PROHIBITION OF FEMALE GENITAL MUTILATION ACT, 2010. An Act to provide for the prohibition of female genital mutilation, the offences, prosecution and punishment of offenders and the protection of victims as well as girls and women under threat of female genital mutilation and to provide for other related matters. Date of Assent: 17th March, 2010. Date of Commencement: 9th April, 2010. Be it enacted by Parliament as follows: Part I—Preliminary
In this Act, unless the context otherwise requires— “currency point” has the value assigned to it in the Schedule to this Act; “disability” means a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation; “female genital mutilation” refers to all procedures involving partial or total removal of the external female genitalia for non-therapeutic reasons; |
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“health worker” means a person qualified in the promotion of health, the prevention of disease and the care of the sick and who is registered and enrolled under the Medical and Dental Practitioners Act, the Nurses and Midwives Act and the Allied Health Professionals Act; “Minister” means the Minister responsible for social development; “person in authority” means a person having power and control over other people because of his or her knowledge and official position; and includes a person who exercises religious, political, economic or social authority. Part II—The Offence of Female Genital Mutilation
A person who carries out female genital mutilation commits an offence and is liable on conviction to imprisonment not exceeding ten years.
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A person who carries out female genital mutilation on herself commits an offence and is liable on conviction to imprisonment not exceeding ten years.
A person who attempts to carry out female genital mutilation commits an offence and is liable on conviction to imprisonment not exceeding five years.
A person who procures, counsels, aids, abets, induces, coerces, threatens or under false pretence carries out female genital mutilation commits an offence and is liable on conviction to imprisonment not exceeding five years.
A person who participates in any event leading to female genital mutilation commits an offence and is liable on conviction to imprisonment not exceeding five years.
Where the offender in sections 5, 6 or 7 is a parent, guardian, husband or a person having authority or control over the victim, the offender is liable on conviction to imprisonment not exceeding eight years.
Consent of the victim to female genital mutilation shall not be a defence under this Act.
Any culture, custom, ritual, tradition, religion or any other non- therapeutic reason shall not be a defence under this Act. |
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A person who discriminates against or stigmatizes a female who has not undergone female genital mutilation from engaging or participating in any economic, social, political or other activities in the community commits an offence and is liable on conviction to imprisonment not exceeding five years.
A person who discriminates against or stigmatizes another person whose wife, daughter or relative has not undergone female genital mutilation from engaging or participating in any economic, political, social or other activities in the community commits an offence and is liable on conviction to imprisonment not exceeding five years. Part III—Court Orders And Jurisdiction
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(2) Where the protection order is issued in respect of a child, the Family and Children Court may issue appropriate orders for the child as it deems necessary.
This Act shall apply to offences under this Act committed outside Uganda where the girl or woman upon whom the offence is committed is ordinarily resident in Uganda. Part IV—Duty to Report
Part V—Miscellaneous Provisions
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SCHEDULE currency point A currency point is equal to twenty thousand Uganda Shillings. |
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Cross References Allied Health Professionals Act, Cap. 268 Civil Procedure Act, Cap. 71 Medical and Dental Practitioners Act, Cap. 272 Nurses and Midwives Act, Cap. 274 |
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