Jurisprudence

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At the moment there is a split legal situation regarding the genital mutilation of minors: While female genitalia (not only of girls, but also of women) are virtually protected against mutilation by corresponding concrete laws worldwide, male genitals are hardly anywhere explicitly protected against mutilation. Although genital mutilation is fundamentally a personal injury against the will of the person concerned, not only politicians, but also many courts bow to the pressure of religious interest groups or follow outdated information from physicians.

Here are a few examples of specific case law related to male genital mutilation:

Work in progress: The following information does not claim to be complete. More content will be added gradually.

Germany

  • 2012: The so-called Cologne circumcision court judgment of 7 May 2012 has definitely gone down in history, but it has triggered a short, heated circumcision debate in Germany and the German-speaking neighboring countries, on 12 December 2012 to hasty adoption of the so-called German Circumcision Act led to the repeal of the Cologne circumcision court judgment.
  • 2019: In Ascheberg, a 43-year-old Syrian surgeon was sentenced to a prison sentence of 2.5 years on 10 October 2019 for failing to carry out the foreskin amputation of a six-month-old infant and others in a professional manner.[1]

Ireland

  • In 2015, a father-of-six, Philip Ogbewe, from Nigeria but living in Ireland 20 years and residing at Green Lanes, Drogheda, Co Louth, used a blade on the infant during a crude cultural circumcision. Ogbewe pleaded guilty to reckless endangerment of life by performing the circumcision on the baby which led to serious haemorrhaging which created a substantial risk of death or serious harm, at the infant’s home in a midlands town on December 4th, 2015.[2]

South Africa

  • In 2020, sixteen cases have been opened and ten people arrested for unlawful circumcision and contravention of the lockdown regulations in the Eastern Cape. Twenty four illegal initiation huts have been closed down. The incidents took place in Indwe, Ngqeleni, King Sabatha Dalindyebo area, Port St Johns, Tsolo, Mdantsane, Scenery Park and Nxarhuni.[3] It is notable here that the circumcision seems to have been forbidden only because of the corona lockdown regulations.

Switzerland

  • In 2019, the Zurich Supreme Court ruled that a Muslim boy should not be cut off the foreskin, although the mother wishes to do so. The circumcision would harm the child's well-being and was also not medically indicated.[4][5][6] Meanwhile, it became known that the verdict was due to an inappropriate legal opinion only because the boy has a mental disorder.[7]

Uganda

  • In 2019, Mr. Musa Lwanga has been arrested over forceful circumcision on 16 children, age 4-13, in the Mpigi district of Uganda, the police reported.[8] It has been established that Musa allegedly picked up children from schools and along the way without the consent of the parents, he later took them to hospital for circumcision as he earns 50,000 Uganda Shilling (UGX - about 13.55 USD[9]) per head. The case hasen't been ruled yet.

UK

  • In 2013, a doctor circumcised a baby boy when the supposed paternal grandparents of the boy ordered him to do so. In 2017, these three suspects have been arrested after the mother of the boy fought for years. It wasn’t until she teamed up with the anti-circumcision group Men Do Complain and leading human rights lawyer Saimo Chahal QC that things began to change. All three were arrested on suspicion of conspiracy to commit grievous bodily harm, though it’s unclear what became of the case and whether or not charges proceeded against the grandparents. However, the doctor in question, Dr. Balvinder Mehat, was suspended for a month.[10]

See also

External links

References

  1. REFweb (11 October 2019). Säuglinge beschnitten: Arzt wegen gefährlicher Körperverletzung verurteilt [Infants circumcised: doctor convicted of dangerous bodily harm] (German). Retrieved 11 October 2019.
  2. REFnews Tuite, Tom (25 May 2020)."Man jailed for three years for ‘barbaric’ circumcision without anaesthetic", The Irish Times. Retrieved 26 May 2020.
  3. REFnews Solundwana, Abongile (28 May 2020)."Ten people arrested for unlawful circumcision", The Rep. Retrieved 29 May 2020.
  4. REFweb Feusi, Alois (24 September 2019). Zehnjähriger Bub soll dereinst selber über Beschneidung entscheiden [Ten-year-old boy will one day decide about circumcision itself] (German), NZZ. Retrieved 25 September 2019.
  5. REFweb Eine Mutter will ihren Sohn beschneiden lassen. Die Kesb ist dagegen. Wie entscheidet das Gericht? [A mother wants to have her son circumcised. The kesb is against it. How does the court decide?] (German). Retrieved 25 September 2019.
  6. REFweb Zehnjähriger darf seine Vorhaut behalten [Ten year old may keep his foreskin] (German). Retrieved 25 September 2019.
  7. REFweb (11 October 2019). Beschneidung nur eine Bagatelle? - Junge entgeht nur aufgrund psychischer Störung der Genitalverstümmelung [Circumcision only a bagatelle? - Boy escapes genital mutilation only because of mental disorder] (German). Retrieved 11 October 2019.
  8. REFweb Ahabwe, Conrad (15 October 2019). Man arrested over forceful circumcision of 16 children, PML Daily. Retrieved 16 October 2019.
  9. REFweb 50000 UGX to USD, XE. Retrieved 19 October 2019.
  10. REFnews Kildare, Ellie. "Grandparents Arrested After Mom Discovers They Circumcised Her 3-Month-Old Son Without Permission", Bolde. Retrieved 26 May 2020.