E/CN.4/2002/73/Add.2 page 30 109. In Egypt, because of religious extremism, a 1996 Ministry of Health decree banning the medical profession from practising female genital mutilation was revoked in 1997 by an administrative court. The Council of State finally ruled on the matter in an authoritative decision dated 28 December 1997 rescinding the lower court’s decision and stating that it was “henceforth prohibited to practise excision even in cases where the girl and her patents give their consent.” “Circumcision of girls is not a right of the individual under the Sharia …; nothing in the Koran authorizes it” (E/CN.4/Sub.2/1999/14, para. 41). Such a decision obviously has important implications since the ban applies even in the case of the victim’s or her parents’ consent. This is in fact an issue of public policy which conflicts with harmful cultural traditions. Moreover, the Council of State clearly distinguished between religious prescriptions and harmful cultural traditions based on misinterpretation or political manipulation of religion. 110. Female genital mutilation has serious effects on women’s health and lives. It carries a high risk of death or disability and often causes vaginal haemorrhage and many genito-urinary and obstetric complications as well as long-term psychological problems.131 Its practice and that of polygamy or marital rape also expose girls and women to an increased risk of contracting HIV/AIDS and other sexually transmitted diseases (A/54/38/Rev.1, para. 18). 2. Traditional birth practices and food taboos 111. In some States, especially in Africa (Ghana, for example) but also in Asia, cultural and religious taboos concerning food during pregnancy that are associated with traditional birth practices pose risks to women’s health at delivery and also to their children’s health (E/CN.4/Sub.2/1995/6, paras. 32 and 33). Here again, the religious, sacred and cultural are intimately interwoven and it is difficult to differentiate between them, particularly from the standpoint of those performing such practices, which are passed on from generation to generation. To a certain extent, this also applies to some practices relating to women’s status within the family. C. Discrimination arising from the status of women within the family 112. Several constitutions guarantee the equality of men and women and stipulate that the Women’s Convention, which several States have ratified, prevails over national laws. However, numerous discriminatory provisions and the persistence of prejudices and patriarchal practices conflict de facto with the principles of the Convention and relevant international instruments. In some multi-ethnic and multicultural countries, the influence of religion is such that the authorities are faced with difficulties in implementing legislation aimed at the achievement of equality for all women in the country in conformity with relevant international instruments.132 Four issues concerned with women’s legal status in marriage, within the family and generally in society will be considered, i.e. practices or rules relating to marriage, nationality, the giving of evidence and inheritance. 1. Practices related to marriage and its dissolution 113. In many religious traditions, the institution of marriage elevates the position of men while making women a mere asset to be used or bartered, as can be observed in many marriage practices.