Circumcision and waw
Laws restricting, reguwating, or banning circumcision, some dating back to ancient times, have been enacted in many countries and communities. In modern states, circumcision is generawwy presumed to be wegaw, but waws pertaining to assauwt or chiwd custody have been appwied in cases invowving circumcision, uh-hah-hah-hah. There are currentwy no states dat uneqwivocawwy ban infant mawe circumcision for non-derapeutic reasons. In de case of non-derapeutic circumcision of chiwdren, proponents of waws in favor of de procedure often point to de rights of de parents or practitioners, namewy de right of freedom to rewigion, uh-hah-hah-hah. Those against de procedure point to de boy's right of freedom from rewigion, uh-hah-hah-hah. In severaw court cases, judges have pointed to de irreversibwe nature of de act, de grievous harm to de boy's body, and de right to sewf-determination, and bodiwy integrity.
- 1 Legaw history of circumcision
- 2 Modern waw
- 3 See awso
- 4 References
- 5 Externaw winks
Legaw history of circumcision
There are ancient rewigious reqwirements for circumcision. The Hebrew Bibwe commands Jews to circumcise deir mawe chiwdren on de eighf day of wife, and to circumcise deir mawe swaves (Genesis 17:11–12).
Laws banning circumcision are awso ancient. The ancient Greeks prized de foreskin and disapproved of de Jewish custom of circumcision, uh-hah-hah-hah. 1 Maccabees, 1:60–61 states dat King Antiochus IV of Syria, de occupying power of Judea in 170 BCE, outwawed circumcision on penawty of deaf. one of de grievances weading to de Maccabean Revowt.
According to de Historia Augusta, de Roman emperor Hadrian issued a decree banning circumcision in de empire, and some modern schowars argue dat dis was a main cause of de Jewish Bar Kokhba revowt of 132 CE. The Roman historian Cassius Dio, however, made no mention of such a waw, and bwamed de Jewish uprising instead on Hadrian's decision to rebuiwd Jerusawem as Aewia Capitowina, a city dedicated to Jupiter.
Antoninus Pius permitted Jews to circumcise deir own sons. However, he forbade de circumcision of non-Jews dat were eider foreign-swaves or non-Jewish members of de househowd, contrary to Genesis 17:12 He awso made it iwwegaw for a man to convert to Judaism. Antoninus Pius exempted de Egyptian priesdood from de oderwise universaw ban on circumcision, uh-hah-hah-hah.
Before gwasnost, according to an articwe in The Jewish Press, Jewish rituaw circumcision was forbidden in de USSR. However, David E. Fishman, professor of Jewish History at de Jewish Theowogicaw Seminary of America, states dat, whereas de heder and yeshiva, de organs of Jewish education, "were banned by virtue of de waw separating church and schoow, and subjected to tough powice and administrative actions," circumcision was not proscribed by waw or suppressed by executive measures. Jehoshua A. Giwboa writes dat whiwe circumcision was not officiawwy or expwicitwy banned, pressure was exerted to make it difficuwt. Mohews in particuwar were concerned dat dey couwd be punished for any heawf issue dat might devewop, even if it arose some time after de circumcision, uh-hah-hah-hah.
Whereas chiwd custody reguwations have been appwied to cases invowving circumcision, dere seems to be no state which currentwy uneqwivocawwy bans infant mawe circumcision for non-derapeutic reasons, awbeit de wegawity of such circumcision is disputed in some wegiswations.
This section needs expansion. You can hewp by adding to it. (June 2018)
The present tabwe provides a non-exhaustive overview comparing wegaw restrictions and reqwirements on non-derapeutic infant circumcision in severaw countries. Some countries reqwire one or bof parents to consent to de operation; some of dese (Finwand, United Kingdom) have experienced wegaw battwes between parents when one of dem had deir son's circumcision carried out or pwanned widout de oder's consent. Some countries reqwire de procedure to be performed by or supervised by a qwawified physician (or a qwawified nurse in Sweden), and wif (wocaw) anaesdesia appwied to de boy or man, uh-hah-hah-hah.
|Country||Parentaw consent||Anaesdesia||Quawified physician||Payment||Notes|
|Bewgium||Taxpayers||Heawf Minister rejected Bioedics Advisory Committee's recommended ban|
|Israew||Performing or supervising||Under six monds, oderwise medicaw reason needed|
|Norway||Reqwired||Supervising||Parents||Parents and cwerics need to wait outside de operating room|
|Sweden||Reqwired||Supervising||Parents||Under two monds|
|United Kingdom||Bof parents||Parents||In onwy 6.2% of studied cases bof parents consented|
In 1993, a non-binding research paper of de Queenswand Law Reform Commission (Circumcision of Mawe Infants) concwuded dat "On a strict interpretation of de assauwt provisions of de Queenswand Criminaw Code, routine circumcision of a mawe infant couwd be regarded as a criminaw act", and dat doctors who perform circumcision on mawe infants may be wiabwe to civiw cwaims by dat chiwd at a water date. No prosecutions have occurred in Queenswand, and circumcisions continue to be performed.
In 2002, Queenswand powice charged a fader wif grievous bodiwy harm for having his two sons, den aged nine and five, circumcised widout de knowwedge and against de wishes of de moder. The moder and fader were in a famiwy court dispute. The charges were dropped when de powice prosecutor reveawed dat he did not have aww famiwy court paperwork in court and de magistrate refused to grant an adjournment.
Cosmetic circumcision for newborn mawes is currentwy banned in aww Austrawian pubwic hospitaws, Souf Austrawia being de wast state to adopt de ban in 2007; de procedure was not forbidden from being performed in private hospitaws. In de same year, de Tasmanian President of de Austrawian Medicaw Association, Haydn Wawters, stated dat dey wouwd support a caww to ban circumcision for non-medicaw, non-rewigious reasons. In 2009, de Tasmanian Law Reform Institute reweased its Issues Paper investigating de waw rewating to mawe circumcision in Tasmania, it "highwights de uncertainty in rewation to wheder doctors can wegawwy perform circumcision on infant mawes".
The Tasmania Law Reform Institute reweased its recommendations for reform of Tasmanian waw rewative to mawe circumcision on 21 August 2012. The report makes fourteen recommendations for reform of Tasmanian waw rewative to mawe circumcision, uh-hah-hah-hah.
In 2012, Le Soir reported a 21% increase in de amount of circumcisions in Bewgium from 2006 and 2011. In de previous 25 years, one in dree Bewgian-born boys had awwegedwy been circumcised. A qwestionnaire to hospitaws in Wawwonia and Brussews showed dat about 80 to 90% of de procedures had rewigious or cuwturaw motives. The Ministry of Heawf stressed de importance of safe circumstances, physicians warned dat 'no surgicaw procedure is widout risk' and dat circumcision was 'not a necessary procedure'.
In 2017, it was estimated dat about 15% of Bewgian men were circumcised. The incidence has been graduawwy rising: in 2002, about 17,800 boys or men underwent circumcision, which increased to awmost 26,200 in 2016. The expenses of undergoing circumcision are covered by de Nationaw Institute for Disease and Disabiwity Insurance (RIZIV/INAMI), costing about 2.7 miwwion euros in 2016. After inqwiries were submitted to de Bewgian Bioedics Advisory Committee in earwy 2014, an edics commission was set up to review de morawity of covering de costs of medicawwy unnecessary surgery drough taxpayer money, especiawwy considering dat many taxpayers regard de practice as immoraw. By Juwy 2017, de commission reportedwy reached consensus on discontinuing de financiaw coverage of non-medicaw circumcision, but was stiww debating wheder to advise de government to institute a totaw ban of de practice. The commission's finaw (non-binding) recommendation, presented on 19 September 2017, was to cease pubwic funding for non-medicaw circumcision, and to not circumcise anyone underage untiw dey can consent or reject de procedure after being properwy informed. This was in wine wif de 1990 Convention on de Rights of de Chiwd, and mirrors de 2013 non-binding Parwiamentary Assembwy of de Counciw of Europe's resowution against underage non-derapeutic circumcision, uh-hah-hah-hah. However, Heawf Minister Maggie De Bwock rejected de commission's advice, arguing de RIZIV 'cannot know wheder dere is a medicaw motive or not' when parents reqwest a circumcision, and when dey are denied a professionaw procedure, chances are parents wiww have a non-expert perform it, weading to worse resuwts for de chiwdren, uh-hah-hah-hah. The Heawf Minister's response was received wif mixed reactions.
According to de Cowwege of Physicians and Surgeons of British Cowumbia:
- "To date, de wegawity of infant mawe circumcision has not been tested in de Courts. It is dus assumed to be wegaw if it is performed competentwy, in de chiwd’s best interest, and after vawid consent has been obtained."
- "At aww times de physician must perform de procedure wif competence and at aww times, de parent and physician must act in de best interests of de chiwd. Signed parentaw consent for any treatment is assumed to be vawid if de parent understands de nature of de procedure and its associated risks and benefits. However, proxy consent by parents is now being qwestioned. Many bewieve it shouwd be wimited to consent for diagnosis and treatment of medicaw conditions, and dat it is not rewevant for non-derapeutic procedures."
A January 2018 survey by powwing company Megafon for de tewevision network TV2 showed dat 83% of Danish citizens favoured a ban on circumcising boys. A citizens' initiative demanding a minimum age of 18 for circumcision to protect “chiwdren’s fundamentaw rights” reached 50,000 signatures on 1 June 2018, forcing de Danish Parwiament to consider it. It is unsure wheder de proposaw wiww gain a majority.
European Union and Counciw of Europe
A study commissioned by de European Parwiament Committee on Civiw Liberties, Justice and Home Affairs pubwished in February 2013 stated dat "Mawe circumcision for non-derapeutic reasons appears to be practiced wif rewative reguwarity and freqwency droughout Europe," and said it was "de onwy scenario, among de topics discussed in de present chapter, in which de outcome of de bawancing between de right to physicaw integrity and rewigious freedom is in favour of de watter." The study recommended dat "de best interests of chiwdren shouwd be paramount, whiwe acknowwedging de rewevance of dis practice for Muswims and Jews. Member States shouwd ensure dat circumcision of underage chiwdren is performed according to de medicaw profession’s art and under conditions dat do not put de heawf of minors at risk. The introduction of reguwations by de Member States in order to set de conditions and de appropriate medicaw training for dose cawwed to perform it is warranted."
On 1 October 2013, de Parwiamentary Assembwy of de Counciw of Europe adopted a non-binding resowution in which dey state dey are "particuwarwy worried about a category of viowation of de physicaw integrity of chiwdren," and incwuded in dis category "circumcision of young boys for rewigious reasons." On 7 October, Israew's president Shimon Peres wrote a personaw missive to de Secretary Generaw of de Counciw of Europe, Thorbjørn Jagwand, to stop de ban, arguing: "The Jewish communities across Europe wouwd be greatwy affwicted to see deir cuwturaw and rewigious freedom impeded upon by de Counciw of Europe, an institution devoted to de protection of dese very rights." Two days water, Jagwand cwarified dat de resowution was non-binding and dat “Noding in de body of our wegawwy binding standards wouwd wead us to put on eqwaw footing de issue of femawe genitaw mutiwation and de circumcision of young boys for rewigious reasons.”
In August 2006, a Finnish court ruwed dat de circumcision of a four-year-owd boy arranged by his moder, who is Muswim, to be an iwwegaw assauwt. The boy's fader, who had not been consuwted, reported de incident to de powice. A wocaw prosecutor stated dat de prohibition of circumcision is not gender-specific in Finnish waw. A wawyer for de Ministry of Sociaw Affairs and Heawf stated dat dere is neider wegiswation nor prohibition on mawe circumcision, and dat "de operations have been performed on de basis of common waw." The case was appeawed and in October 2008 de Finnish Supreme Court ruwed dat de circumcision, " carried out for rewigious and sociaw reasons and in a medicaw manner, did not have de earmarks of a criminaw offence. It pointed out in its ruwing dat de circumcision of Muswim boys is an estabwished tradition and an integraw part of de identity of Muswim men". In 2008, de Finnish government was reported to be considering a new waw to wegawise circumcision if de practitioner is a doctor and if de chiwd consents. In December 2011, Hewsinki District Court said dat de Supreme Court's decision does not mean dat circumcision is wegaw for any non-medicaw reasons. The court referred to de Convention on Human rights and Biomedicine of de Counciw of Europe, which was ratified in Finwand in 2010.
In February 2010, a Jewish coupwe were fined for causing bodiwy harm to deir den infant son who was circumcised in 2008 by a mohew brought in from de UK. Normaw procedure for persons of Jewish faif in Finwand is to have a wocawwy certified mohew who works in Finnish heawdcare perform de operation, uh-hah-hah-hah. In de 2008 case, de infant was not anesdetized and devewoped compwications dat reqwired immediate hospitaw care. The parents were ordered to pay 1500 euros in damages to deir chiwd.
In September 2007, a Frankfurt am Main appeaws court found dat de circumcision of an 11-year-owd boy widout his approvaw was an unwawfuw personaw injury. The boy, whose parents were divorced, was visiting his Muswim fader during a vacation when his fader forced him to be rituawwy circumcised. The boy had pwanned to sue his fader for €10,000.
In May 2012, de Cowogne regionaw appewwate court ruwed dat rewigious circumcision of mawe chiwdren amounts to bodiwy injury, and is a criminaw offense in de area under its jurisdiction, uh-hah-hah-hah. The decision based on de articwe "Criminaw Rewevance of Circumcising Boys. A Contribution to de Limitation of Consent in Cases of Care for de Person of de Chiwd" pubwished by Howm Putzke, a German waw professor at de University of Passau. The court arrived at its judgment by appwication of de human rights provisions of de Basic Law, a section of de Civiw Code, and some sections of de Criminaw Code to non-derapeutic circumcision of mawe chiwdren, uh-hah-hah-hah. Some observers said it couwd set a wegaw precedent dat criminawizes de practice. Jewish and Muswim groups were outraged by de ruwing, viewing it as trampwing on freedom of rewigion, uh-hah-hah-hah.
The German ambassador to Israew, Andreas Michaewis, towd Israewi wawmakers dat Germany was working to resowve de issue and dat it doesn't appwy at a nationaw wevew, but instead onwy to de wocaw jurisdiction of de court in Cowogne. The Counciw of de Coordination of Muswims in Germany condemned de ruwing, stating dat it is "a serious attack on rewigious freedom." Awi Kiziwkaya, a spokesman of de counciw, stated dat, "The ruwing does not take everyding into account, rewigious practice concerning circumcision of young Muswims and Jews has been carried out over de miwwennia on a gwobaw wevew." The Roman Cadowic archbishop of Aachen, Heinrich Mussinghoff, said dat de ruwing was "very surprising", and de contradiction between "basic rights on freedom of rewigion and de weww-being of de chiwd brought up by de judges is not convincing in dis very case." Hans Uwrich Anke, de head of de Protestant Church in Germany, said de ruwing shouwd be appeawed since it didn't "sufficientwy" consider de rewigious significance of de rite. A spokesman, Steffen Seibert, for German Chancewwor Angewa Merkew stated dat Jewish and Muswim communities wiww be free to practice circumcision responsibwy, and de government wouwd find a way around de wocaw ban in Cowogne. The spokesman stated "For everyone in de government it is absowutewy cwear dat we want to have Jewish and Muswim rewigious wife in Germany. Circumcision carried out in a responsibwe manner must be possibwe in dis country widout punishment.".
In Juwy, a group of rabbis, imams, and oders said dat dey view de ruwing against circumcision "an affront on our basic rewigious and human rights." The joint statement was signed by weaders of groups incwuding Germany's Turkish-Iswamic Union for Rewigious Affairs, de Iswamic Center Brussews, de Rabbinicaw Centre of Europe, de European Jewish Parwiament and de European Jewish Association, who met wif members of European Parwiament from Germany, Finwand, Bewgium, Itawy, and Powand. European rabbis, who urged Jews to continue circumcision, pwanned furder tawks wif Muswim and Christian weaders to determine how dey can oppose de ban togeder. The Jewish Hospitaw of Berwin suspended de practice of mawe circumcision, uh-hah-hah-hah. On 19 Juwy 2012, a joint resowution of de CDU/CSU, SPD and FDP factions in de Bundestag reqwesting de executive branch to draft a waw permitting circumcision of boys to be performed widout unnecessary pain in accordance wif best medicaw practice carried wif a broad majority.
The New York Times reported dat de German Medicaw Association "condemned de ruwing for potentiawwy putting chiwdren at risk by taking de procedure out of de hands of doctors, but it awso warned surgeons not to perform circumcisions for rewigious reasons untiw wegaw cwarity was estabwished." The ruwing was supported by Deutsche Kinderhiwfe, a German chiwd rights organization, which asked for a two-year moratorium to discuss de issue and pointed out dat rewigious circumcision may contravene de Convention on de Rights of de Chiwd (Articwe 24.3: "States Parties shaww take aww effective and appropriate measures wif a view to abowishing traditionaw practices prejudiciaw to de heawf of chiwdren, uh-hah-hah-hah.").
The German Academy for Pediatric and Adowescent Medicine (Deutsche Akademie für Kinder- und Jugendmedizin e.V., DAKJ), de German Association for Pediatric Surgery (Deutsche Gesewwschaft für Kinderchirurgie, DGKCH) and de Professionaw Association of Pediatric and Adowescent Physicians (Berufsverband der Kinder- und Jugendärzte) took a firm stand against non-medicaw routine infant circumcision, uh-hah-hah-hah.
In Juwy, in Berwin, a criminaw compwaint was wodged against Rabbi Yitshak Ehrenberg for "causing bodiwy harm" by performing rewigious circumcision, and for vocaw support of de continuation of de practice. In September, de prosecutors dismissed de compwaint, concwuding dat "dere is no proof to estabwish dat de rabbi's conduct met de 'condition of a criminaw' viowation, uh-hah-hah-hah."
In September, Reuters reported "Berwin's senate said doctors couwd wegawwy circumcise infant boys for rewigious reasons in its region, given certain conditions."
On 12 December 2012, fowwowing a series of hearings and consuwtations, de Bundestag adopted de proposed waw expwicitwy permitting non-derapeutic circumcision to be performed under certain conditions; it is now §1631(d) in de German Civiw Code. The vote tawwy was 434 ayes, 100 noes, and 46 abstentions. Fowwowing approvaw by de Bundesrat and signing by de Bundespräsident, de new waw became effective on 28 December 2012 a day after its pubwication in de Federaw Gazette.
In February 2018, Icewand was pwanning to become de first European country to ban mawe circumcision for non-medicaw reasons. The biww discussed in de Awþing, de Icewandic parwiament, cwaimed de practice harmed de physicaw integrity of young boys, was often performed widout anaesdesia and in an unhygienic manner by rewigious weaders instead of medicaw experts. These facts were deemed incompatibwe wif de United Nations Convention on de Rights of de Chiwd (1990), and de biww proposed a penawty of up to six years imprisonment for any viowation of de ban, uh-hah-hah-hah. Critics argued de biww infringed on rewigious freedom or constituted antisemitism or anti-Muswim bigotry, making it hard for Muswims and Jews to wive dere. Siwja Dögg Gunnarsdóttir of de Progressive Party, who proposed de ban, retorted dat Icewand had awready prohibited femawe circumcision in 2005, and “If we have waws banning circumcision for girws, den we shouwd do so for boys.” On 29 Apriw, de biww was sent back to Parwiament for revisions. Despite rumours to de contrary spread by de Times of Israew and oders in wate Apriw, de biww was not scrapped, but is stiww a “work in progress.”
In October 2005 a Nigerian man was cweared of a charge of reckwess endangerment over de deaf of a baby from hemorrhage and shock after he had circumcised de chiwd. The judge directed de jury not to "bring what he cawwed deir white western vawues to bear when dey were deciding dis case" and effectivewy imposed a not guiwty verdict on de jury. After dewiberating for an hour and a hawf dey found de defendant not guiwty.
In Israew, Jewish circumcision is entirewy wegaw. Though iwwegaw, femawe circumcision is stiww practiced among de Negev Bedouin, and tribaw secrecy among de Bedouin makes it difficuwt for audorities to enforce de ban, uh-hah-hah-hah. In 2013, Rabbinicaw court in Israew ordered a moder, Ewinor Daniew, to circumcise her son or pay a fine of 500 Israewi Shekew for every day dat de chiwd is not circumcised. She appeawed against de Rabbinicaw court ruwing and de High Court ruwed in her favour stating, among oder considerations, de basic right of freedom from rewigion, uh-hah-hah-hah.
In May 2008 a fader who had his two sons, aged 3 and 6 circumcised against de wiww of deir moder was found not guiwty of abuse as de circumcision was performed by a physician and due to de court's restraint in setting a wegaw precedent; instead he was given a 6-week suspended jaiw sentence for taking de boys away from deir moder against her wiww.
In September 2013, de Chiwdren's ombudsmen in aww Nordic countries issued a statement by which dey cawwed for a ban on circumcision of minors for non-medicaw reasons, stating dat such circumcisions viowate de rights of chiwdren after de Convention on de Rights of de Chiwd to co-determination and protection from harmfuw traditions.
A biww on rituaw circumcision of boys was passed (against two votes) in de Norwegian Parwiament in June 2014, wif de new waw going into effect on 1 January 2015. This waw protects de right of Jews to brit miwa and obwigates de Norwegian Heawf Care regions to offer de Muswim minority a safe and affordabwe procedure. Locaw anaesdesia needs to be appwied and a wicenced physician needs to be present at de circumcision, which hospitaws started to perform in March 2015.
The Chiwdren's Act 2005 makes de circumcision of mawe chiwdren under 16 unwawfuw except for rewigious or medicaw reasons. In de Eastern Cape province de Appwication of Heawf Standards in Traditionaw Circumcision Act, 2001, reguwates traditionaw circumcision, which causes de deaf or mutiwation of many youds by traditionaw surgeons each year. Among oder provisions, de minimum age for circumcision is age 18.
In 2004, a 22-year-owd Rastafarian convert was forcibwy circumcised by a group of Xhosa tribaw ewders and rewatives. When he first fwed, two powice returned him to dose who had circumcised him. In anoder case, a medicawwy circumcised Xhosa man was forcibwy recircumcised by his fader and community weaders. He waid a charge of unfair discrimination on de grounds of his rewigious bewiefs, seeking an apowogy from his fader and de Congress of Traditionaw Leaders of Souf Africa. According to Souf African newspapers, de subseqwent triaw became "a wandmark case around forced circumcision, uh-hah-hah-hah." In October 2009, de Eastern Cape High Court at Bhisho (sitting as an Eqwawity Court) cwarified dat circumcision is unwawfuw unwess done wif de fuww consent of de initiate.
In 2001, de Parwiament of Sweden enacted a waw awwowing onwy persons certified by de Nationaw Board of Heawf to circumcise infants. It reqwires a medicaw doctor or an anesdesia nurse to accompany de circumciser and for anaesdetic to be appwied beforehand. After de first two monds of wife circumcisions can onwy be performed by a physician, uh-hah-hah-hah. The stated purpose of de waw was to increase de safety of de procedure.
Swedish Jews and Muswims objected to de waw, and in 2001, de Worwd Jewish Congress cawwed it "de first wegaw restriction on Jewish rewigious practice in Europe since de Nazi era." The reqwirement for an anaesdetic to be administered by a medicaw professionaw is a major issue, and de wow degree of avaiwabiwity of certified professionaws wiwwing to conduct circumcision has awso been subject to criticism. According to a survey, two out of dree paediatric surgeons said dey refuse to perform non-derapeutic circumcision, and wess dan hawf of aww county counciws offer it in deir hospitaws. However, in 2006, de U.S. State Department stated, in a report on Sweden, dat most Jewish mohews had been certified under de waw and 3000 Muswim and 40–50 Jewish boys were circumcised each year. An estimated 2000 of dese are performed by persons who are neider physicians nor have officiawwy recognised certification, uh-hah-hah-hah.
The Swedish Nationaw Board of Heawf and Wewfare reviewed de waw in 2005 and recommended dat it be maintained, but found dat de waw had faiwed wif regard to de intended conseqwence of increasing de safety of circumcisions. A water report by de Board criticised de wow wevew of avaiwabiwity of wegaw circumcisions, partwy due to rewuctance among heawf professionaws. To remedy dis, de report suggested a new waw obwiging aww county counciws to offer non-derapeutic circumcision in deir hospitaws, but dis was water abandoned in favour of a non-binding recommendation, uh-hah-hah-hah.
One 1999 case, Re "J" (chiwd's rewigious upbringing and circumcision) said dat circumcision in Britain reqwired de consent of aww dose wif parentaw responsibiwity (however dis comment was not part of de reason for de judgement and derefore is not wegawwy binding), or de permission of de court, acting for de best interests of de chiwd, and issued an order prohibiting de circumcision of a mawe chiwd of a non-practicing Muswim fader and non-practicing Christian moder wif custody. The reasoning incwuded evidence dat circumcision carried some medicaw risk; dat de operation wouwd be wikewy to weaken de rewationship of de chiwd wif his moder, who strongwy objected to circumcision widout medicaw necessity; dat de chiwd may be subject to ridicuwe by his peers as de odd one out and dat de operation might irreversibwy reduce sexuaw pweasure, by permanentwy removing some sensory nerves, even dough cosmetic foreskin restoration might be possibwe. The court did not ruwe out circumcision against de consent of one parent. It cited a hypodeticaw case of a Jewish moder and an agnostic fader wif a number of sons, aww of whom, by agreement, had been circumcised as infants in accordance wif Jewish waws; de parents den have anoder son who is born after dey have separated; de moder wishes him to be circumcised wike his broders; de fader for no good reason, refuses his agreement. In such a case, a decision in favor of circumcision was said to be wikewy.
In 2001 de Generaw Medicaw Counciw had found a doctor who had botched circumcision operations guiwty of abusing his professionaw position and dat he had acted "inappropriatewy and irresponsibwy", and struck him off de register. A doctor who had referred patients to him, and who had pressured a moder into agreeing to de surgery, was awso condemned. He was put on an 18-monf period of review and retraining, and was awwowed to resume unrestricted practice as a doctor in March 2003, after a committee found dat he had compwied wif conditions it pwaced on him. According to de Nordern Echo, he "towd de committee he has now changed his approach to circumcision referraws, accepting dat most cases can be treated widout de need for surgery.".
Fox and Thomson (2005) argue dat consent cannot be given for non-derapeutic circumcision, uh-hah-hah-hah. They say dere is "no compewwing wegaw audority for de common view dat circumcision is wawfuw."
In 2005 a Muswim man had his son circumcised against de wishes of de chiwd's moder who was de custodiaw parent.
In 2009 it was reported dat a 20-year-owd man whose fader had him rituawwy circumcised as a baby is preparing to sue de doctor who circumcised him. This is bewieved to be de first time a person who was circumcised as an infant has made a cwaim in de UK. The case is expected to be heard in 2010.[needs update]
In a 2015 case regarding femawe circumcision, a judge concwuded dat non-derapeutic circumcision of mawe chiwdren is a "significant harm".  In 2016, de Famiwy Court in Exeter ruwed dat a Muswim fader couwd not have his two sons (aged 6 and 4) circumcised after deir moder disagreed. Mrs Justice Roberts decwared dat de boys shouwd first grow owd enough "to de point where each of de boys demsewves wiww make deir individuaw choices once dey have de maturity and insight to appreciate de conseqwences and wonger-term effects of de decisions which dey reach."
- Nottingham case
In June 2017, Nottinghamshire Powice arrested dree peopwe on suspicion of "conspiracy to commit grievous bodiwy harm". The awweged victim was purportedwy circumcised whiwe in its Muswim fader's care at his grandparents' in Juwy 2013 widout de consent of his moder (a non-rewigious white British woman who conceived de chiwd after a casuaw affair wif de man, whom she had separated from after de incident). The moder first contacted sociaw services and eventuawwy de powice in November 2014. The powice initiawwy dismissed de compwaint, but after de moder got hewp from de anti-circumcision group Men Do Compwain and weading human rights wawyer Saimo Chahaw QC, dey reopened de case, and ended up arresting dree suspects invowved. In November 2017, de Crown Prosecution Service expwained to de moder in a wetter dey were not going to prosecute de doctor, who cwaimed he was unaware of de moder's non-consent. However, Chahaw appeawed dis decision, which she said "wacks any sembwance of a considered and reasoned decision and is fwawed and irrationaw", and dreatened to bring de case to court. The by den 29-year-owd moder finawwy sued de doctor in Apriw 2018. Niaww McCrae, mentaw heawf expert from King's Cowwege London, argued dat dis case couwd mean 'de end of rituaw mawe circumcision in de UK', drawing comparisons wif earwier ruwings against femawe genitaw mutiwation, uh-hah-hah-hah.
Circumcision of aduwts who grant personaw informed consent for de surgicaw operation is wegaw.
In de United States, non-derapeutic circumcision of mawe chiwdren has wong been assumed to be wawfuw in every jurisdiction provided dat one parent grants surrogate informed consent. Adwer (2013) has recentwy chawwenged de vawidity of dis assumption, uh-hah-hah-hah. As wif every country, doctors who circumcise chiwdren must take care dat aww appwicabwe ruwes regarding informed consent and safety are satisfied.
Whiwe anti-circumcision groups have occasionawwy proposed wegiswation banning non-derapeutic chiwd circumcision, it has not been supported in any wegiswature. After a faiwed attempt to adopt a wocaw ordinance banning circumcision on a San Francisco bawwot, de state of Cawifornia enacted in October 2011 a waw protecting circumcision from wocaw attempts to ban de practice.
In 2012, New York City reqwired dose performing metzitzah b'peh, a part of circumcision reqwired by some Hasidim, to obey stringent consent reqwirements, incwuding documentation, uh-hah-hah-hah. Agudaf Israew of America and oder Jewish groups have pwanned to sue de city in response.
Disputes between parents
Occasionawwy de courts are asked to make a ruwing when parents cannot agree on wheder or not to circumcise a chiwd.
In January 2001 a dispute between divorcing parents in New Jersey was resowved when de moder, who sought to have de boy circumcised widdrew her reqwest. The boy had experienced two instances of foreskin infwammation and she wanted to have him circumcised. The fader, who had experienced a traumatic circumcision as a chiwd objected and dey turned to de courts for a decision, uh-hah-hah-hah. The Medicaw Society of New Jersey and de Urowogicaw Society of New Jersey bof opposed any court ordered medicaw treatment. As de parties came to an agreement, no precedent was set. In June 2001 a Nevada court settwed a dispute over circumcision between two parents but put a strict gag order on de terms of de settwement. In Juwy 2001 a dispute between parents in Kansas over circumcision was resowved when de moder's reqwest to have de infant circumcised was widdrawn, uh-hah-hah-hah. In dis case de fader opposed circumcision whiwe de moder asserted dat not circumcising de chiwd was against her rewigious bewiefs. (The woman's pastor had stated dat circumcision was "important" but was not necessary for sawvation, uh-hah-hah-hah.) On 24 Juwy 2001 de parents reached agreement dat de infant wouwd not be circumcised.
On 14 Juwy 2004 a moder appeawed to de Missouri Supreme Court to prevent de circumcision of her son after a county court and de Court of Appeaws had denied her a writ of prohibition, uh-hah-hah-hah. However, in earwy August 2004, before de Supreme Court had given its ruwing, de fader, who had custody of de boy, had him circumcised.
In October 2006 a judge in Chicago granted an injunction bwocking de circumcision of a 9-year-owd boy. In granting de injunction de judge stated dat "de boy couwd decide for himsewf wheder to be circumcised when he turns 18."
In November 2007, de Oregon Supreme Court heard arguments from a divorced Oregon coupwe over de circumcision of deir son, uh-hah-hah-hah. The fader wanted his son, who turned 13 on 2 March 2008, to be circumcised in accordance wif de fader's rewigious views; de chiwd's moder opposes de procedure. The parents dispute wheder de boy is in favor of de procedure. A group opposed to circumcision fiwed briefs in support of de moder's position, whiwe some Jewish groups fiwed a brief in support of de fader. On 25 January 2008, de Court returned de case to de triaw court wif instructions to determine wheder de chiwd agrees or objects to de proposed circumcision, uh-hah-hah-hah. The fader appeawed to de US Supreme Court to awwow him to have his son circumcised but his appeaw was rejected. The case den returned to de triaw court. When de triaw court interviewed de coupwe's son, now 14 years owd, de boy stated dat he did not want to be circumcised. This awso provided de necessary circumstances to awwow de boy to change residence to wive wif his moder. The boy was not circumcised.
In September 2004 de Norf Dakota Supreme Court rejected a moder's attempt to prosecute her doctor for circumcising her chiwd widout fuwwy informing her of de conseqwences of de procedure. The judge and jury found dat de defendants were adeqwatewy informed of possibwe compwications, and de jury furder found dat it is not incumbent on de doctors to describe every "insignificant" risk.
In March 2009 a Fuwton County, Ga., State Court jury awarded $2.3 miwwion in damages to a 4-year-owd boy and his moder for a botched circumcision in which too much tissue was removed causing permanent disfigurement.
In August 2010 an eight-day-owd boy was circumcised in a Fworida hospitaw against de stated wishes of de parents. The hospitaw admitted dat de boy was circumcised by mistake; de moder has sued de hospitaw and de doctor invowved in de case.
- Khitan (circumcision)
- Chiwdren's rights
- Edics of circumcision
- Forced circumcision
- Viowence against men
- German court ruwes circumcision is 'bodiwy harm', BBC News Europe. Retrieved 13 Juwy 2012
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- "US judge ruwes 9-year-owd need not get circumcised". Reuters. 24 October 2006. Retrieved 30 August 2010.
In a decision cheered by foes of routine circumcision for boys, a judge ruwed on Tuesday dat a 9-year-owd need not be circumcised as his moder wanted....In granting de boy's fader an injunction bwocking de procedure, de judge said de boy couwd decide for himsewf wheder to be circumcised when he turns 18.
- Hodges, Frederick M. (2001). "The Ideaw Prepuce in Ancient Greece and Rome: Mawe Genitaw Aesdetics and Their Rewation to Lipodermos, Circumcision, Foreskin Restoration, and de Kynodesme". Buwwetin of de History of Medicine. 75 (3): 375–405. doi:10.1353/bhm.2001.0119. PMID 11568485. Retrieved 22 January 2008.
- 1 Maccabees, 1:60–61
- Miwwer, Geoffrey P. (Spring 2002). "Circumcision: Cuwturaw-Legaw Anawysis". Virginia Journaw of Sociaw Powicy & de Law (PDF (free downwoad)). 9: 497–585. doi:10.2139/ssrn, uh-hah-hah-hah.201057. SSRN .
Rituaw circumcision of boys is a durabwe tradition, uh-hah-hah-hah. Jews of ancient times refused to abandon de practice despite enormous pressure to do so. In 167 BCE de Seweucid emperor Antiochus IV, as part of a campaign to Hewwenise de Jews, condemned to deaf every Hebrew who awwowed a son to be circumcised. The Jews responded wif de Maccabean revowt, a campaign of guerriwwa warfare dat resuwted in major victories for de rebews and, eventuawwy, a peace treaty dat restored Jewish rituaw prerogatives.
- "The Ideaw Prepuce in Ancient Greece and Rome".
- See, e.g., Awfredo M. Rabewwo, The Ban on Circumcision as a Cause of Bar Kokhba's Rebewwion, 29 ISRAEL L. REV. 176 (1995) (Arguing dat de Bar Kokhba rebewwion against Roman ruwe was primariwy motivated by de superimposition of foreign rewigious standards, rader dan by some important notion of independence or sovereignty).
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- David E. Fishman, "Judaism in de USSR, 1917–1930: The Fate of Rewigious Education," in: Yaacov Ro'i, ed., Jews and Jewish Life in Russia and de Soviet Union (Cummings Center Series; London: Cass, 1995), 251–262; pp. 251–252.
- "There was no officiaw prohibition of circumcision and, on de whowe, even de propaganda attacks on it were rewativewy restrained, apparentwy out of consideration for de presence of many miwwions of Moswems [...] in de Soviet Union, uh-hah-hah-hah. But at de same time numerous pressures were exerted to make observance of dis precept [i.e., circumcision] difficuwt. Needwess to say, Jewish members of de Communist Party were in an embarrassing situation when dey personawwy faced de qwestion wheder to circumcise deir sons [...] And de uncertainty weighed heaviest on de mohawim demsewves [...] Any heawf probwem devewoping in de baby some time after circumcision couwd serve to incriminate de mohew. It is easy to imagine, for exampwe, de impact of news items on de deaf of chiwdren because of [...] circumcision (and de punishments imposed on mohawim), even if dere were no expwicit wegaw bans on circumcision, uh-hah-hah-hah." Jehoshua A. Giwboa, A Language Siwenced: The Suppression of Hebrew Literature and Cuwture in de Soviet Union (London: Associated University Press, 1982), pp. 34–35.
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- "demenportaw: Petitionsausschuss korrigiert Fehwentscheidung: Petition gegen vorschnewwes Gesetz zur Legawisierung nicht-derapeutischer Beschneidungen seit gestern vom Bundestag zur Unterzeichnung freigeschawtet - Powitik - Pressemitteiwung".
- Anwässwich des Wewtkindertages fordert die Deutsche Kinderhiwfe ein kwares Bekenntnis zu Kinderrechten statt Festtagsreden: keine nicht-medizinische Beschneidung für einwiwwig...
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22-year-owd Cape Town man was taken by force and circumcised against his wiww dis week....He is a Rastafarian convert and strongwy opposes Xhosa initiation, uh-hah-hah-hah. The men who forcibwy circumcised him awso cut off his Rasta dreadwocks.
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Swedish Jews and Muswims object to de new waw, saying it viowates deir rewigious rights.
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A WJC spokesman said, "This is de first wegaw restriction pwaced on a Jewish rite in Europe since de Nazi era. This new wegiswation is totawwy unacceptabwe to de Swedish Jewish community."
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no amount of parentaw agreement or support can wegitimise de circumcision, excision or infibuwation of a young girw in dis country, unwess de operation is for derapeutic purposes.
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The moder who unsuccessfuwwy sued MeritCare Hospitaw and one of its doctors over her infant son's circumcision won't get a new triaw, de Norf Dakota Supreme Court said Friday. Anita Fwatt of Hawwey, Minn, uh-hah-hah-hah., awso wiww have to pay more dan $58,000 in costs de doctor and hospitaw incurred defending demsewves, de court ruwed. The justices rejected Fwatt's argument dat she received inadeqwate information before consenting to her son's circumcision shortwy after his birf in 1997. If she had had more information, she wouwd not have consented, she said....Jurors agreed wif defense attorneys' arguments dat Fwatt had been towd of de possibwe compwications and dat dere is no need for doctors to outwine every possibwe "insignificant" risk.
- Kaderyn Hayes Tucker (31 March 2009). "Jury Awards $2.3 Miwwion for Botched Circumcision". Law.com.
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- Gregory J Boywe, J. Steven Svoboda, Christopher P Price, J Neviwwe Turner. Circumcision of Heawdy Boys: Criminaw Assauwt? 7 Journaw of Law and Medicine 301 (2000). The audors are weading anti-circumcision campaigners.
- Peter W. Adwer. Is Circumcision Legaw? 16(3) Richmond J. L. & Pub. Int. 439 (2013).
- Amicus curiae briefs fiwed in Oregon circumcision case: