ABSTRACT
In this chapter, the authors discuss how cultural expertise can be used to neutralize stereotyped images of minority cultures in court in female genital mutilation/cutting–related cases because, wisely employed, it may counteract possible negative effects of typification and judicial stereotyping. Typification in the form of judicial stereotyping compromises the impartiality and integrity of the judicial system. Judicial stereotyping occurs when court members use stereotypes in their reasoning, but also when they fail to challenge stereotypes activated by the parties or by lower courts. Judicial stereotyping may undermine the protection that the courts offer to women when claimants are not perceived as real victims. The use of cultural expertise can address harmful stereotypes by providing elements that bridge the gap between cultural prejudices or statistical stereotypes and a person's actual circumstances. Accessing cultural knowledge could enable courts to refrain from stereotyping and from relying on prejudice and typification in their reasoning.
