Order of the Court of Cagliari of 3 April 2013

The Court of Cagliari stated that the norms through which Italy has implemented the UN Convention Relating to the Status of Refugee must be interpreted at the light of the jurisprudence of the European Court of Human Rights, according to which the refugee status can be recognized to women who flee their country to escape female genital mutilation. Also the UN High Commissioner for Refugees recommended, in 2009, that States should regard female genital mutilation as a form of discrimination, not differently from discrimination on any other ground (race, nationality, religion or political opinion). The Court of Cagliari further noted that, in the case, it was impossible to the woman who had asked for asylum in Italy, to obtain protection in her own country, because that State did not ensure sufficient human rights protection as compared with the international standards.