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Cultural Relativists might prefer that France accept and permit the operations, but this position is completely inconsistent with the premise of cultural relativism which states that one set of human rights may not apply to all states due to cultural differences. Unlike African cultures, French culture and law does not tolerate the operations. Thus, to require France to allow the practice of genital operations amongst certain sub-cultures in France, would be as imperialistic as forcing African states to cease their practice of the operations.
Canada has also addressed the issue of culturally based gender abuse in its immigration laws. On March 9, 1993, the Canadian Immigration and Refugee Board issued the Canadian Guidelines for Women Refugee Claimants (hereinafter Guidelines) and announced that evidence of gender- related persecution would provide a basis for refugee status in Canada. The Guidelines first require the Refugee Board to determine the degree to which women making gender-related claims may rely on any of the five grounds for refugee status on the Convention Relating to the Status of Refugees. Under the Guidelines, a woman''s fear of persecution from the country she is fleeing must stem from one of four types of gender-based persecution: (1) fear based on one of the five grounds in the Convention Relating to the Status of Refugees; (2) fear for reasons entirely related to kinship; (3) fear which is due to severe gender-based discrimination; and (4) fear resulting from failure to conform to laws and practices (customary and religious laws) which discriminate based on gender.
Once the Refugee Board identifies the type of the persecution that the applicant is asserting, the next step is to determine whether the violence the applicant has experienced or fears (1) violates a serious human right as provided for under certain international human rights agreements, (such as UDHR, ICCPR, ICESCR) and (2) results from a failure of the state to provide protection. The third step outlined in the Guidelines involves a determination of whether an applicant has a "well-founded fear of persecution," which is decided by investigating the general human rights conditions in the applicant''s country and comparing them to her claim. Throughout the investigation and consideration of an applicant''s claim, the Refugee Board is expected to proceed with the utmost sensitivity so that women feel safe to discuss their suffering and receive the protection that they deserve.
The procedures set forth in the Guidelines have had positive results for women applying for refugee status in Canada. Under the Guidelines, women who have suffered domestic abuse and were denied assistance by authorities in their home countries, as well as women who have refused to abide by certain traditional practices, are eligible for refugee status in Canada. In the first year the Guidelines were in place, Canada granted asylum in 105 out of 150 gender-based cases involving arranged marriages, forced sterilizations and sexual violence. In one case, the Refugee Board ruled in favor of an Ecuadorean woman who suffered repeated physical abuse from her husband and was refused assistance by the Ecuadorean police. In another case, a woman named Khadra Farah and her two children were granted asylum because, if returned to Somalia, Farah''s husband would be entitled to custody of the children and would require Farah''s daughter to submit to a genital operation.
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