More information on female genital mutilation is available on THL's guideline Intervening in female genital mutilation (FGM). This guideline describes notifying the police and child welfare services and working in child welfare services.
Child welfare notification
If there are suspicions that female genital mutilation is being planned, the obligation to notify child welfare services arises. A child welfare notification is also submitted if it is detected or suspected that genital mutilation has already taken place.
Child welfare notification
(Child Welfare Act, section 25)
For example, the girl may tell a public health nurse that she is worried her family is planning to have her undergo FGM. The secrecy obligation of the public health nurse is waived and the nurse must notify the matter to child welfare services and the police. A discussion with the parents or the persons who have custody of the child must usually be conducted to tell them in advance about submitting a child welfare notification.
Must the person who has custody of the child or the child be told about submitting a child welfare notification?
However, it should also be assessed whether informing the parents can risk the child's safety. If there are suspicions that the parents may use violence to punish the child for having told someone outside the family about the situation, informing the parents must be postponed and the child's welfare must first be ensured in cooperation with child welfare.
Child welfare can be consulted about whether the concern is justified. A public health nurse and a child welfare social worker can also make a joint home visit to investigate suspected cases of FGM. Emergency social services are contacted in urgent situations outside office hours. If the child’s life or health is acutely at risk, the police must be contacted so that the necessary measures can be taken. In these situations, a child welfare notification must be submitted afterwards.
Notification to the police
The parties with a duty to submit a child welfare notification (also the child welfare authorities) must notify the police when, according to what has been brought to their attention in the course of their work, they have reason to suspect that a crime against a child's life or health has been committed for which the maximum sentence is at least 2 years of imprisonment The maximum punishment for female genital mutilation is 10 years and for its preparation, 5 years.
(Child Welfare Act, section 25, subsection 3)
Duty to notify violence against a child
Work in child welfare services: discovered planning or preparation of FGM
Once a child welfare notification has been received or a child welfare employee has in some other way discovered the matter, the need for urgent child protection must be assessed immediately. In addition, the assessment of the need for services referred to in the Social Welfare Act must be carried out, and in connection with it, an investigation of the need for child welfare.
(Child Welfare Act, section 26, subsections 2–3)
(Social Welfare Act, section 36 (Sosiaalihuoltolaki, unofficial translation))
Initiation of a child welfare matter (in Finnish)
Assessment of the need for child welfare (in Finnish)
As female genital mutilation poses a severe health risk, there may be a need for urgent measures.
Emergency placement (in Finnish)
The social worker assesses the required child welfare measures and whether it is necessary to make a notification to the police.
A person who is aware that female genital mutilation is being planned has a duty to notify it in advance to the authorities or the person who is at risk, thus preventing the act from taking place. The notification duty does not apply to persons close to the individual preparing the offence.
(Criminal Code, chapter 15, section 10)
Child welfare may request executive assistance from the police, for example, to prevent exit from the country if a girl is being taken out of Finland for genital mutilation. In such a situation, it should be considered whether an emergency placement needs to be initiated and, based on this, executive assistance should be requested from the police on these grounds, as well.
Emergency placement (in Finnish)
(Child Welfare Act, section 38)
It is important to constantly seek cooperation with the parents and persons who have custody of the child and to agree on the necessary measures in mutual understanding. Support measures in open care (non-residential care) must be primarily offered to the family. If, despite these, the risk of genital mutilation persists, the need for taking into care must also be assessed.
Taking into care (in Finnish)
(Child Welfare Act, section 40)
Work carried out in child welfare when genital mutilation has already taken place
If the mutilation has already been carried out when the child welfare matter is initiated, a child welfare social worker conducts an assessment of the need for services, in connection with which the need for child welfare is investigated. However, a social worker may assess the need to carry out an assessment of the need for services on an individual basis. As for genital mutilation, it must be determined what kind of harm FGM has caused to the child and whether the child needs healthcare measures.
Initiation of a child welfare matter (in Finnish)
If the parents or the persons who have custody of the child refuse an examination by a physician or other specialist, the social worker must consider applying to an administrative court for an authorisation to examine the child. The girl may also have pain or other symptoms, but still opposes the examination. In this case, it is advisable to discuss the matter with a doctor: if the child is mature enough to decide on her treatment considering her age and level of development, she cannot be examined involuntarily.
(Child Welfare Act, section 28)
Authorisation from a court to examine a child (in Finnish)
If there are other girls in the family, efforts must be made in child welfare work to prevent them from having to undergo FGM. The need to assess the need for child welfare, support measures in open care, emergency placement or taking into care is assessed individually for each child.
(Child Welfare Act, section 26)
When assessing the need for taking into care, female genital mutilation can be considered a serious risk to the child’s health and development. Therefore, the first criterion for taking into care is usually met. The overall assessment of the situation determines whether the child’s situation can be secured by means of open care.
(Child Welfare Act, section 40)
Assessment of the need for taking into care (in Finnish)
When the mutilation has already been carried out, there is usually no risk of its repetition for the same child. However, intervening in the situation may have a preventive effect from the point of view of any other girls in the family in question and the entire community. It is also important to assess the impact that FGM may have on the child’s mental and physical health and how intervening affects it.
Female genital mutilation and its preparation are offences that the child welfare authority must also notify to the police.
(Child Welfare Act, section 25, subsection 3)
(Criminal Code, chapter 21, sections 6a and 6b)
Duty to notify violence against a child