Sanctioning Mutilation: The Impact of North Carolina’s Medical Necessity Exception to Its Statute on Female Genital Mutilation on Intersex Children.

Autor: DYER, XAVIER
Předmět:
Zdroj: North Carolina Law Review; Mar2024, Vol. 102 Issue 3, p951-975, 25p
Abstrakt: For far too long, the law has failed to provide for the protection of children with intersex traits through specifically targeted legislation. North Carolina is no different. Consequently, some of the state’s most vulnerable find themselves subject to genital-normalizing procedures that have profound mental and physical consequences. In response to these concerns, existing research has proposed that female genital mutilation statutes can, and should, be used as a means of protecting intersex children from coercive and unnecessary operations. However, like many states, North Carolina’s female genital mutilation statute contains a harmful “medical necessity” exception that permits doctors to exercise discretionary authority to circumvent the statute’s intended protections. This Comment proposes that North Carolina adopt the approach of states like Rhode Island and eliminate the “medical necessity” exception in its statute to provide additional protection for intersex children and stop the State from sanctioning mutilation. “Strictly cosmetic. Necessary. A strange knot in the conflict between those two statements. All of our bodies a strange knot. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index