The legal framework
Directive (EU) 2024/1385 of 14 May 2024 requires the criminalisation of female genital mutilation and forced marriage, with minimum maximum penalties and aggravating circumstances where the victim is a child or the offender a family member. It requires states to establish jurisdiction over acts committed abroad by their nationals or habitual residents, without requiring double criminality. It also provides for training health and education professionals in detection.
Cutting carried out during a holiday in the country of origin is the situation primarily targeted: mandatory extraterritorial jurisdiction closes that route.
The Directive complements the Council of Europe's Istanbul Convention, a separate instrument that several member states have not ratified.
Key points
| Instrument | Directive (EU) 2024/1385 of 14 May 2024 |
|---|---|
| Criminalisation | Mandatory in all twenty-seven member states |
| Extraterritorial jurisdiction | For nationals and habitual residents |
| Double criminality | May not be required |
| Prevention | Training for health and education professionals |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Is FGM an offence throughout the Union?
Yes, the 2024 Directive requires criminalisation in all twenty-seven member states.
What if it is done abroad?
States must establish jurisdiction over acts committed outside their territory by nationals or habitual residents.
Must it be an offence where it happened?
No, double criminality may not be required.
What does the Directive say about prevention?
Training for health and education professionals in detection and reporting.
Official sources and links
- World Health Organization — international reference on this topic
- WHO Regional Office for Africa — country data and programmes