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District Court FGM Suit Documents-1   District Court Documents-2  Appeals Court Documents-1   Appeals Court Documents-2   FGM Lawsuit-Related Press Stories   More Press Coverage
 
     

On this page:
Fourteenth Amendment to the U.S. Constitution
North Dakota Constitution's Declaration of Rights
Reporting Child Abuse
North Dakota Century Code  12.1-36-01 (North Dakota's FGM Law)
Federal FGM Law


Fourteenth Amendment to the U.S. Constitution

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws....

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North Dakota Constitution's Declaration of Rights

ARTICLE I
DECLARATION OF RIGHTS

Section 1. All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; ... which shall not be infringed...[and]

Section 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of *licentiousness,* or *justify practices inconsistent with the peace or safety* of this state...[and]

Section 5. The citizens have a right, ... to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition, address or *remonstrance.* [and]

Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly *describing the place to be searched* and the persons and *things to be seized.* AND

Section 21. No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; **nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens.** Section 22. **All laws of a general nature shall have a uniform operation.** Section 23. The state of North Dakota is an inseparable part of the American union and the Constitution of the United States is the supreme law of the land.

Section 24. The provisions of this constitution are mandatory and prohibitory unless, by express words, they are declared to be otherwise. AND

Section 4. The legislative assembly shall take such other steps as may be necessary to ... promote ... scientific ... improvements. AND

b. The said *state board of higher education* shall have full authority over the institutions under its control with the right, among its other powers, to *prescribe,* limit, or *modify the courses offered* at the several institutions. AND

Section 4. Members of the legislative assembly and judicial department,... take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the office of _________ according to the best of my ability, so help me God" (if an oath), (under pains and penalties of perjury) if an affirmation, and no other oath, declaration, or test shall be required as a qualification for any office or public trust. AND

Section 1. Perfect toleration of religious sentiment must be secured, and no inhabitant of this state may ever be *molested in person* or property on account of that person's mode of religious worship.

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Reporting Child Abuse

NDCC
50-25.1-03.
Persons required and permitted to report - To whom reported.


1. Any physician, nurse, dentist, optometrist, medical examiner or coroner, or any other medical or mental health professional, religious practitioner of the healing arts, schoolteacher or administrator, school counselor, addiction counselor, social worker, day care center or any other child care worker, police or law enforcement officer, or member of the clergy having knowledge of or reasonable cause to suspect that a child is abused or neglected, or has died as a result of abuse or neglect, shall report the circumstances to the department if the knowledge or suspicion is derived from information received by that person in that person's official or professional capacity. A member of the clergy, however, is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser.
2. Any person having reasonable cause to suspect that a child is abused or neglected, or has died as a result of abuse or neglect, may report such circumstances to the department.

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North Dakota Century Code  12.1-36-01
Passed in 1995
 
FEMALE GENITAL MUTILATION
AN ACT to prohibit female genital mutilation; and to provide a penalty.

Section 1. Surgical alternation of the genitals of females minors - Penalty - Exception. 

      1.  Except as provided in subsection 2, any person who knowingly separates or surgically alters normal, healthy functioning genital tissue of a female minor is guilty of a class C felony.

      2.  A surgical operation is not a violation of this section if a licensed medical practitioner performs the operation to correct an anatomical abnormality or to remove diseased tissue that is an immediate threat to the health of the minor. In applying this subsection, any belief that the operation is required as a matter of custom, ritual, or standard of practice may not be taken into consideration.

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Federal FGM Law

IN THE SENATE OF THE UNITED STATES
July 13 (legislative day, July 10), 1995
Mr. REID (for himself, Mr. SIMPSON, Mr. WELLSTONE, and Ms. MOSELEY-BRAUN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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A BILL

Entitled the "Federal Prohibition of Female Genital
Mutilation Act of 1995"

Be it inacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 SECTION 1. SHORT TITLE
This Act may be cited as the "Federal Prohibition of Female Genital Mutilation Act of 1995".
SEC.2. TITLE 18 AMENDMENT.
(a) IN GENERAL.--Chapter 7 of title 18, United States Code, is amended by adding at the end of the following new section:

"116. FEMALE GENITAL MUTILATION
"(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this ti tle or imprisoned not more than 5 years, or both.

"(b) A surgical operation is not a violation of this section if the operation is --

"(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioners; or
"(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner of midwife.

"(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that or any oterh person that the operation is required as a matter of custom or ritual.

 "(d) Whoever knowingly denies to any person medical care or services or otherwise discriminates against any person in the provision of medical care or services, because --

"(1) that person has undergone female circumcision, excision, or infibulation; or
"(2) that person has requested that female circumcision, excision, or infibulation be performed on any person;

shall be fined under this title or imprisoned not more than one year, or both."

(b)CLERICAL AMENDMENT.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item:
"116. Female genital mutilation."

SEC. 3. INFORMATION AND EDUCATION REGARDING FEMALE GENITAL MUTILATION.

(a) IN GENERAL. -- The Secretary of Health and Human Services shall carry out the following activities:

(1) Compile data on the number of females living in the United States who have been subjected to female genital mutilation (whether in the United States or in their countries of origin), including a specification of the number of girls under the age o f 18 who have been subjected to such mutilation.
(2) Identify communities in the United States that practice female genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological effects of such practice. Such outreach activit ies shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice.
(3) Develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding female genital mutilation and complications arising from such mutilation. Such recommendations shall be disseminated to such schools.

 (b) DEFINITION. -- For purpose of this section, the term "female genital mutilation" means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minor, or the labia major.

SEC.4. EFFECTIVE DATES

Section 3 of this Act shall take effect immediately, and the Secretary of Health and Human Services shall commence carrying it out not later than 90 days after the date of the enactment of this Act. Section 2 of this Act shall take effect 180 days after t he date of the enactment of this Act.

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Next Friend

Encyclopedia Entry:

NEXT FRIEND, in law, the phrase used for a person who represents in an action another person who is under disability to maintain a suit on his own behalf.

This disability arises from infancy or mental incapacity, consequently every application to the court on behalf of an infant or a lunatic must be made through a next friend (prochein amy, proximus amicus). Previous to the Married Womens Property Act 1882 it was also usual for a married woman to sue by a next friend, but that act, allowing a married woman to sue in all respects as a feme sole, has rendered a next friend unnecessary in her case. In the case of an nfant the father is prima facie the proper person to act as next friend; in the fathers absence the testamentaryguardian if any; but any person not under disability may act as next friend so long as he has no interest in the action adverse to that of the infant. A married woman cannot, however, act as next friend. An infant defends a suit, not by a next friend, but by a guardian ad litein. In the case of a lunatic, he sues by his committee, but if he has no committee, or if the committee has some interest adverse to the lunatic, he sues by his next friend. A next friend has full power over the proceedings in the action as if he were an ordinary plaintiff, but he is not entitled to be heard in person.

 

"SUI JURIS - One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like.

To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris."

NEXT FRIEND - One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris.

North Dakota Century Code:

RULE 17. PARTIES PLAINTIFF AND DEFENDANT--CAPACITY

    (a) Real Party in Interest.  Every action must be prosecuted in the name of the real party in interest.  An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought;  and if a statute so provides, an action for the use or benefit of another must be brought in the name of the State of North Dakota. No action may be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after the objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest;  and the ratification, joinder, or substitution has the same effect as if the action had been commenced in the name of the real party in interest.

  (b) Infants or Incompetent Persons.  Whenever an infant or incompetent person has a representative, such as a general guardian, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person.  An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem.  The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it considers proper for the protection of the infant or incompetent person; or, if the court considers it expedient, may appoint a guardian ad litem to represent an infant or incompetent person, even though the infant or incompetent person may have a general guardian and may have appeared.

 

 

 

 

 

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