ECOWAS Court Rules Sierra Leone's Failure to Criminalize FGM Violates Women's Rights
In a landmark decision, the Economic Community of West African States (ECOWAS) Community Court of Justice ruled in July 2025 that Sierra Leone's failure to criminalize female genital mutilation (FGM) violates women's and girls' rights. The case, Forum Against Harmful Practices and Others v. Republic of Sierra Leone, was brought by local activists and an FGM survivor, Ms. Kadijatu Balaima Allieu. The Court affirmed that subjecting women and girls to FGM constitutes cruel, inhuman, and degrading treatment, amounting to torture. It held that Sierra Leone's reliance on general gender-equality statutes and an unpassed Child Rights Bill was inadequate, and explicit legislation criminalizing FGM was required. The judgment strengthens a regional norm that harmful practices are never shielded by culture and that survivor-centered remedies must be embedded in state accountability. The Court rejected cultural relativism and centered survivors in remedies. It awarded Ms. Allieu 30,000 US dollars in damages alongside structural orders for legislation, education, and prosecution. This decision provides regional expectations consistent with international law, as a similar case challenging the criminalization of FGM is pending before The Gambia's Supreme Court. The ECOWAS Court's ruling sends a strong message to Sierra Leone and other West African nations that failing to protect women and girls from FGM is a violation of their human rights. The judgment sets a precedent for the region, emphasizing the importance of explicit legislation and survivor-centered remedies in combating this harmful practice.
