Difference between revisions of "Laws"
Jump to navigation
Jump to search
(created from German and partly translated) |
WikiModEn2 (talk | contribs) (Wikify.) |
||
| (17 intermediate revisions by 2 users not shown) | |||
| Line 1: | Line 1: | ||
| − | + | '''Assault is not permitted in any country or state on earth by law.''' This should mean that this topic should have been dealt with worldwide for children. | |
| − | ''' | ||
| − | + | However, many (adult) supporters of circumcision believe that removing the healthy [[foreskin]] from the healthy [[penis]] of a healthy boy (often enough without anesthesia or even anesthesia) is not a physical injury. In addition, it is often argued that something is allowed if it is not forbidden ''explicitly''. However, if, for example, [[bodily harm]] is explicitly forbidden, but genital mutilation as a type of bodily harm is ''only'' forbidden implicitly, it is difficult to derive permission from this. | |
| − | + | The legal situation on the subject of [[HGM]] is very different around the world. This article attempts to summarize the applicable laws with regard to [[HGM]] in the case of minors, without claiming to be exhaustive: | |
== United Nations == | == United Nations == | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | + | === International Covenant on Civil and Political Rights === | |
| − | + | '' See [[International Covenant on Civil and Political Rights]] for details.'' | |
| − | + | === UN Convention on the Rights of the Child === | |
| − | + | ''See [[UN Convention on the Rights of the Child]] for details.'' | |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
== Europe == | == Europe == | ||
| − | === | + | === Council of Europe: Bioethics Convention === |
| − | + | The "[[Bioethics Convention|Convention on Human Rights and Biomedicine]]", which came into force in 1999, clearly states that genital mutilation in children is prohibited. | |
| + | |||
| + | === [[Denmark]] === | ||
| + | In [[Denmark]], a bill was suggested in 2018 raising the minimum age for non-medical [[circumcision]] to 18 years. Previously, a petition<ref>[https://www.borgerforslag.dk/se-og-stoet-forslag/?Id=FT-00124 Danish petition against MGM]</ref> had produced the 50,000 votes required for a hearing in parliament. | ||
| − | |||
| − | |||
=== Germany === | === Germany === | ||
| − | ==== | + | ==== Constitution ==== |
| − | + | The German Constitution (''Grundgesetz'', GG) speaks out clearly against the fact that the genitals of children may be modified without [[medical indication]]. The relevant articles are: | |
* [[Art. 1 GG]] | * [[Art. 1 GG]] | ||
* [[Art. 2 GG]] | * [[Art. 2 GG]] | ||
| Line 47: | Line 34: | ||
* [[Art. 140 GG]] | * [[Art. 140 GG]] | ||
| − | ==== | + | ==== Civil Code ==== |
| − | + | On [[2012-12-12]] the German government anchored a law in the German Civil Code (BGB) that in principle allows parents [[MGM|to mutilate]] the genitals of their underage boys. The law represents a foreign body in German legislation and a "fall into sin of the constitutional state"<ref>https://www.deutschlandfunk.de/staatsrechtler-beschneidung-von-jungen-ist-religioeses.694.de.html?dram:article_id=218490</ref> (Prof. em. [[Reinhard Merkel]]). Similar to Sweden, the so-called [[Mohel clause]] were used to revive the basic rights led to absurdity. | |
| + | |||
| + | * [[German Circumcision Act|§ 1631d BGB]] | ||
| − | + | ==== Social Code ==== | |
| + | In the Social Code (''Sozialgesetzbuch'', SGB) there is an interesting passage that is suitable to financially prosecute people who voluntarily submit to [[HGM]] for aesthetic reasons. However, it will probably not apply to minors, as the circumcision law currently largely protects their parents in their decision. With [[FGM]], [[§ 226a StGB]] is available as a legal tool. | ||
| − | |||
| − | |||
* [[§ 52 SGB V]] | * [[§ 52 SGB V]] | ||
| − | ==== | + | ==== Criminal Code ==== |
| − | + | The German Criminal Code (''Strafgesetzbuch'', StGB) offers sufficient tools to punish genital mutilation: | |
| − | * [[§ 221 StGB]] - | + | * [[§ 221 StGB]] - Suspension |
| − | * [[§ 223 StGB]] - | + | * [[§ 223 StGB]] - Bodily harm |
| − | * [[§ 224 StGB]] - | + | * [[§ 224 StGB]] - Dangerous bodily harm |
| − | * [[§ 225 StGB]] - | + | * [[§ 225 StGB]] - Abuse of wards |
| − | * [[§ 226 StGB]] - | + | * [[§ 226 StGB]] - Serious bodily harm |
| − | * [[§ 226a StGB]] - | + | * [[§ 226a StGB]] - Mutilation of female genitals |
| − | * [[§ 227 StGB]] - | + | * [[§ 227 StGB]] - Bodily harm resulting in death |
| − | * [[§ 228 StGB]] - | + | * [[§ 228 StGB]] - Consent |
| − | * [[§ 235 StGB]] - | + | * [[§ 235 StGB]] - Deprivation of minors |
=== France === | === France === | ||
| − | + | In 2012, the French government justified the admissibility of medically not indicated [[MGM|genital mutilation]] in underage boys with the religious freedom guaranteed in the constitution (possibly as a reaction to the fierce [[Circumcision Debate]] in Germany).<ref>Interview with Minister of the Interior Manuel Valls: [http://www.consistoiredefrance.fr/communiques/129.manuel-valls--la-france-a-une-part-juive-incontestable ''La France a une part juive incontestable''] In: ''Information juive.'' No. 326, October 2012, p. 8.</ref> There are specific regulations only in Alsace-Lorraine (a decree of the emperor of 1862 regulating the certification of [[Mohel|mohels]]).<ref>Edwige Belliard, Laurence Herry, Yohann Bénard, Édouard Crépey, Julie Burguburu and others: ''Réflexions sur la laïcité.'' In: ''Conseil d’État, Rapport public 2004.'' La Documentation française, Paris 2004, ISBN 2-11-005595-2, S. 331–332.</ref> | |
=== Iceland === | === Iceland === | ||
| − | In | + | In Iceland, [[FGM]] has been a criminal offense against girls since 2005. |
| − | 2018 | + | In 2018, a bill was introduced to raise the minimum age for non-medical [[circumcision]] for boys to 18 years. It provides for a six-year prison sentence for "the partial or total removal of sexual organs" from third parties.<ref>https://www.independent.co.uk/news/world/europe/iceland-male-circumcision-ban-religious-leaders-outrage-mp-bill-proposed-a8217696.html</ref> |
| − | |||
| − | |||
| − | + | === [[Sweden]] === | |
| + | In Sweden, [[MGM]] has been allowed for minors since 2001 under certain conditions. In 2018, however, a bill was introduced that raises the minimum age for non-medical [[circumcision]] to 18 years. | ||
| + | * [[Lag (2001:499)]] - Law on the Circumcision of Boys | ||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | ==== | + | === Switzerland === |
| − | + | ==== Federal Constitution ==== | |
| − | + | The Swiss Federal Constitution (''Bundesverfassung'', BV) is clearly against the fact that the genitals of children may be modified without [[medical indication]]. The relevant articles are: | |
| − | |||
| − | |||
| − | |||
| − | |||
| − | ==== | + | * [[Art. 7 BV]] - Human dignity |
| − | + | * [[Art. 10 BV]] - Right to life and personal freedom | |
| + | * [[Art. 11 BV]] - Protection of children and adolescents | ||
| + | * [[Art. 15 BV]] - Freedom of belief and conscience | ||
| + | |||
| + | ==== Criminal Code ==== | ||
| + | The Swiss Criminal Code (''Strafgesetzbuch'', StGB) offers sufficient tools to punish genital mutilation: | ||
| + | |||
| + | * [[Art. 122 StGB]] - Serious assault | ||
| + | * [[Art. 123 StGB]] - Simple assault | ||
| + | * [[Art. 124 StGB]] - Mutilation of male genitals | ||
| + | * [[Art. 127 StGB]] - Endangering life and health. Suspension | ||
| + | * [[Art. 129 StGB]] - Endangering life | ||
| + | |||
| + | ==== Legal opinions ==== | ||
| + | In March 2018, the chairman of the [[[Pro Kinderrechte Schweiz]] ''(Pro Children's Rights Switzerland)'' association, Christoph Geissbühler, published an extensive ''"Legal assessment of genital circumcision of boys on the basis of medical facts"''<ref>[http://www.pro-kinderrechte.ch/site/assets/files/1031/rechtliche_beurteilung_auf_der_grundlage_medizinischer_fakten-2018.pdf Legal Assessment of Genital Circumcision of Boys on the Basis of Medical Facts], PDF, as of 2018-08</ref>. It notes that in Switzerland previously there were mainly four legal assessments on the [[amputation]] of the foreskin in healthy boys, although the authors would have assessed the legal situation differently. What all articles have in common, however, is that they hardly take medical facts into account for their own legal assessments and that they sometimes even misrepresent them. The goal achieved by the association was to finally adequately consider the medical facts for the legal assessment. | ||
| + | |||
| + | === United Kingdom === | ||
| + | ==== Statutes ==== | ||
| + | * [https://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents Offences Against the Person Act 1861] | ||
| + | * [https://www.legislation.gov.uk/ukpga/Geo5/23-24/12 Children and Young Persons Act 1933] | ||
| + | * [[Children Act 1989]] | ||
| + | * [https://www.legislation.gov.uk/ukpga/1998/42/contents Human Rights Act 1998] | ||
| + | |||
| + | ==== Case law ==== | ||
| + | * [https://www.globalhealthrights.org/wp-content/uploads/2013/01/HL-1985-Gillick-v.-West-Norfolk-and-Wisbech-Area-Health-Authority-and-Anr..pdf Gillick v West Norfolk and Wisbech Area Health Authority and another] (1985) | ||
| + | * [https://www.lawteacher.net/free-law-essays/criminal-law/r-v-brown-discrimination-0956.php R v Brown] (1994) | ||
| + | * [[Re B and G (children) (No 2) EWFC 3]] (2015) | ||
| + | * [[Re L and B (CHILDREN)]] (2016) | ||
| + | |||
| + | ==== Commentary ==== | ||
| + | * {{REFdocument | ||
| + | |title=Male Circumcision: A Legal Affront | ||
| + | |url=http://www.cirp.org/library/legal/price-uklc/ | ||
| + | |contribution= | ||
| + | |last=Price | ||
| + | |first=Christopher P. | ||
| + | |init=CP | ||
| + | |author-link=Christopher P. Price | ||
| + | |publisher=Circumcision Reference Library | ||
| + | |format= | ||
| + | |date=1996-12 | ||
| + | |accessdate=2021-09-07 | ||
| + | }} | ||
| + | * {{REFjournal | ||
| + | |last=Edge | ||
| + | |first=Peter W. | ||
| + | |init=PW | ||
| + | |author-link= | ||
| + | |title=Male circumcision after the human rights act 1998 | ||
| + | |journal=J Civil Liberties | ||
| + | |date=2000 | ||
| + | |volume=5 | ||
| + | |issue= | ||
| + | |pages=320 | ||
| + | |url=http://www.cirp.org/library/legal/edge1/ | ||
| + | |accessdate=2020-05-10 | ||
| + | }} | ||
| + | * {{REFjournal | ||
| + | |last=Fox | ||
| + | |first=Marie | ||
| + | |init=M | ||
| + | |author-link= | ||
| + | |last2=Thomson | ||
| + | |first2=Michael | ||
| + | |init2=M | ||
| + | |author2-link= | ||
| + | |etal=so | ||
| + | |title=Bodily Integrity, Embodiment and the Regulation of Parental Choice | ||
| + | |journal=Journal of Law and Society | ||
| + | |location= | ||
| + | |date=2017 | ||
| + | |volume=44 | ||
| + | |issue=4 | ||
| + | |pages=501-31 | ||
| + | |url=http://eprints.whiterose.ac.uk/122232/3/Fox_Thomson_Bod_Int_revised%206March17.pdf | ||
| + | |archived= | ||
| + | |quote= | ||
| + | |pubmedID= | ||
| + | |pubmedCID= | ||
| + | |DOI= | ||
| + | |accessdate=2020-09-08 | ||
| + | }} | ||
| + | * {{REFjournal | ||
| + | |last=Möller | ||
| + | |first=Kai | ||
| + | |init=K | ||
| + | |author-link= | ||
| + | |title=Male and Female Genital Cutting: Between the Best Interest of the Child and Genital Mutilation | ||
| + | |journal=Oxford Journal of Legal Studies | ||
| + | |date=2020-06-26 | ||
| + | |volume= | ||
| + | |issue= | ||
| + | |pages= | ||
| + | |url=https://academic.oup.com/ojls/advance-article/doi/10.1093/ojls/gqaa001/5862902 | ||
| + | |DOI=10.1093/ojls/gqaa001 | ||
| + | |accessdate=2020-09-08 | ||
| + | }} | ||
{{SEEALSO}} | {{SEEALSO}} | ||
| − | + | * [https://en.wikipedia.org/wiki/Circumcision_and_law Wikipedia: Circumcision and law] | |
| − | * [https://en.wikipedia.org/wiki/Circumcision_and_law Wikipedia: Circumcision and law] | ||
{{REF}} | {{REF}} | ||
Latest revision as of 13:55, 26 February 2024
Assault is not permitted in any country or state on earth by law. This should mean that this topic should have been dealt with worldwide for children.
However, many (adult) supporters of circumcision believe that removing the healthy foreskin from the healthy penis of a healthy boy (often enough without anesthesia or even anesthesia) is not a physical injury. In addition, it is often argued that something is allowed if it is not forbidden explicitly. However, if, for example, bodily harm is explicitly forbidden, but genital mutilation as a type of bodily harm is only forbidden implicitly, it is difficult to derive permission from this.
The legal situation on the subject of HGM is very different around the world. This article attempts to summarize the applicable laws with regard to HGM in the case of minors, without claiming to be exhaustive:
Contents
United Nations
International Covenant on Civil and Political Rights
See International Covenant on Civil and Political Rights for details.
UN Convention on the Rights of the Child
See UN Convention on the Rights of the Child for details.
Europe
Council of Europe: Bioethics Convention
The "Convention on Human Rights and Biomedicine", which came into force in 1999, clearly states that genital mutilation in children is prohibited.
Denmark
In Denmark, a bill was suggested in 2018 raising the minimum age for non-medical circumcision to 18 years. Previously, a petition[1] had produced the 50,000 votes required for a hearing in parliament.
Germany
Constitution
The German Constitution (Grundgesetz, GG) speaks out clearly against the fact that the genitals of children may be modified without medical indication. The relevant articles are:
Civil Code
On 2012-12-12 the German government anchored a law in the German Civil Code (BGB) that in principle allows parents to mutilate the genitals of their underage boys. The law represents a foreign body in German legislation and a "fall into sin of the constitutional state"[2] (Prof. em. Reinhard Merkel). Similar to Sweden, the so-called Mohel clause were used to revive the basic rights led to absurdity.
Social Code
In the Social Code (Sozialgesetzbuch, SGB) there is an interesting passage that is suitable to financially prosecute people who voluntarily submit to HGM for aesthetic reasons. However, it will probably not apply to minors, as the circumcision law currently largely protects their parents in their decision. With FGM, § 226a StGB is available as a legal tool.
Criminal Code
The German Criminal Code (Strafgesetzbuch, StGB) offers sufficient tools to punish genital mutilation:
- § 221 StGB - Suspension
- § 223 StGB - Bodily harm
- § 224 StGB - Dangerous bodily harm
- § 225 StGB - Abuse of wards
- § 226 StGB - Serious bodily harm
- § 226a StGB - Mutilation of female genitals
- § 227 StGB - Bodily harm resulting in death
- § 228 StGB - Consent
- § 235 StGB - Deprivation of minors
France
In 2012, the French government justified the admissibility of medically not indicated genital mutilation in underage boys with the religious freedom guaranteed in the constitution (possibly as a reaction to the fierce Circumcision Debate in Germany).[3] There are specific regulations only in Alsace-Lorraine (a decree of the emperor of 1862 regulating the certification of mohels).[4]
Iceland
In Iceland, FGM has been a criminal offense against girls since 2005.
In 2018, a bill was introduced to raise the minimum age for non-medical circumcision for boys to 18 years. It provides for a six-year prison sentence for "the partial or total removal of sexual organs" from third parties.[5]
Sweden
In Sweden, MGM has been allowed for minors since 2001 under certain conditions. In 2018, however, a bill was introduced that raises the minimum age for non-medical circumcision to 18 years.
- Lag (2001:499) - Law on the Circumcision of Boys
Switzerland
Federal Constitution
The Swiss Federal Constitution (Bundesverfassung, BV) is clearly against the fact that the genitals of children may be modified without medical indication. The relevant articles are:
- Art. 7 BV - Human dignity
- Art. 10 BV - Right to life and personal freedom
- Art. 11 BV - Protection of children and adolescents
- Art. 15 BV - Freedom of belief and conscience
Criminal Code
The Swiss Criminal Code (Strafgesetzbuch, StGB) offers sufficient tools to punish genital mutilation:
- Art. 122 StGB - Serious assault
- Art. 123 StGB - Simple assault
- Art. 124 StGB - Mutilation of male genitals
- Art. 127 StGB - Endangering life and health. Suspension
- Art. 129 StGB - Endangering life
Legal opinions
In March 2018, the chairman of the [[[Pro Kinderrechte Schweiz]] (Pro Children's Rights Switzerland) association, Christoph Geissbühler, published an extensive "Legal assessment of genital circumcision of boys on the basis of medical facts"[6]. It notes that in Switzerland previously there were mainly four legal assessments on the amputation of the foreskin in healthy boys, although the authors would have assessed the legal situation differently. What all articles have in common, however, is that they hardly take medical facts into account for their own legal assessments and that they sometimes even misrepresent them. The goal achieved by the association was to finally adequately consider the medical facts for the legal assessment.
United Kingdom
Statutes
- Offences Against the Person Act 1861
- Children and Young Persons Act 1933
- Children Act 1989
- Human Rights Act 1998
Case law
- Gillick v West Norfolk and Wisbech Area Health Authority and another (1985)
- R v Brown (1994)
- Re B and G (children) (No 2) EWFC 3 (2015)
- Re L and B (CHILDREN) (2016)
Commentary
Price, Christopher P.: Male Circumcision: A Legal Affront, Circumcision Reference Library. (December 1996). Retrieved 7 September 2021.
Edge PW. Male circumcision after the human rights act 1998. J Civil Liberties. 2000; 5: 320. Retrieved 10 May 2020.- Fox M, Thomson M. Bodily Integrity, Embodiment and the Regulation of Parental Choice. Journal of Law and Society. 2017; 44(4): 501-31. Retrieved 8 September 2020.
- Möller K. Male and Female Genital Cutting: Between the Best Interest of the Child and Genital Mutilation. Oxford Journal of Legal Studies. 26 June 2020; DOI. Retrieved 8 September 2020.
.svg){kind=icon}
See also
References
- ↑ Danish petition against MGM
- ↑ https://www.deutschlandfunk.de/staatsrechtler-beschneidung-von-jungen-ist-religioeses.694.de.html?dram:article_id=218490
- ↑ Interview with Minister of the Interior Manuel Valls: La France a une part juive incontestable In: Information juive. No. 326, October 2012, p. 8.
- ↑ Edwige Belliard, Laurence Herry, Yohann Bénard, Édouard Crépey, Julie Burguburu and others: Réflexions sur la laïcité. In: Conseil d’État, Rapport public 2004. La Documentation française, Paris 2004, ISBN 2-11-005595-2, S. 331–332.
- ↑ https://www.independent.co.uk/news/world/europe/iceland-male-circumcision-ban-religious-leaders-outrage-mp-bill-proposed-a8217696.html
- ↑ Legal Assessment of Genital Circumcision of Boys on the Basis of Medical Facts, PDF, as of 2018-08