Difference between revisions of "Hershel Goldman"
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| − | + | Dr. '''{{FULLPAGENAME}}''', B.Sc., MBBS, FRACGP, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, Victoria, [[Australia]]. The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis| penises]] of two boys while performing [[Brit Milah| ritual circumcisions]] in homes.<ref name="dailymail2024">{{REFnews | |
| − | Dr. '''{{FULLPAGENAME}}''' is a general practitioner and Jewish [[mohel]] who practises medicine in Melbourne, Victoria, [[Australia]]. The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis| penises]] of two boys while performing circumcisions in homes.<ref>{{REFnews | ||
|title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears | |title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears | ||
|url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html | |url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html | ||
| Line 13: | Line 12: | ||
|website= | |website= | ||
|date=2024-05-24 | |date=2024-05-24 | ||
| − | |||
|accessdate=2024-05-25 | |accessdate=2024-05-25 | ||
|format= | |format= | ||
| Line 19: | Line 17: | ||
}}</ref> | }}</ref> | ||
| − | Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which | + | Dr. Goldman has filed an appeal with the [https://www.vcat.vic.gov.au/ Victorian Civil and Administrative Tribunal (VCAT)], where a hearing was held on Thursday, 23 May 2024.<ref name="dailymail2024" /> |
| + | |||
| + | == Male circumcision == | ||
| + | |||
| + | Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which has been the most sacred ritual of [[Judaism]], although it is increasingly being questioned.<ref>http://www.amazon.com/Questioning-Circumcision-Perspective-Ronald-Goldman/dp/0964489562/</ref> Reports from [[Israel]] indicate that many Jewish parents are not having their sons [[circumcised]].<ref name="haretz2012">{{REFweb | ||
| + | |url=https://www.haaretz.com/2012-06-14/ty-article/even-in-israel-more-and-more-parents-choose-not-to-circumcise/0000017f-f77f-ddde-abff-ff7f1fb70000 | ||
| + | |title=Even in Israel, more and more parents choose not to circumcise their sons | ||
| + | |last=Ahutuv | ||
| + | |first=Netta | ||
| + | |init= | ||
| + | |publisher=Haaretz | ||
| + | |date=2012-06-14 | ||
| + | |accessdate=2024-05-25 | ||
| + | }}</ref> <ref name="reuters2012">{{REFnews | ||
| + | |title=In Israel, some rebel against circumcision | ||
| + | |url=https://www.reuters.com/article/idUSBRE8AR0M8/ | ||
| + | |last=Lubell | ||
| + | |first=Maayan | ||
| + | |author-link= | ||
| + | |publisher=Reuters | ||
| + | |website= | ||
| + | |date=2012-11-28 | ||
| + | |accessdate=2024-05-25 | ||
| + | |quote="It's such a taboo in Israel and in Judaism," | ||
| + | }}</ref> | ||
| + | |||
| + | Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in [[Australia]].<ref>{{REFjournal | ||
| + | |last=Anonymous | ||
| + | |init= | ||
| + | |author-link= | ||
| + | |last2= | ||
| + | |init2= | ||
| + | |author2-link= | ||
| + | |url=https://www.theguardian.com/society/2017/feb/09/protection-offered-by-circumcision-does-not-warrant-lifting-ban-say-doctors | ||
| + | |title=Protection offered by circumcision does not warrant lifting ban, say doctors | ||
| + | |journal=The Guardian | ||
| + | |date=2017-02-08 | ||
| + | |volume= | ||
| + | |issue= | ||
| + | |pages= | ||
| + | |accessdate=2024-05-24 | ||
| + | }}</ref> | ||
| + | |||
| + | [https://www.amawa.com.au/news/mark-duncan-smith-elected-as-new-president-of-ama-wa/ Dr Mark Duncan-Smith], the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child [[circumcision]]. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith only about ten percent of boys in Western Australia are now being [[circumcised]].<ref>{{REFnews | ||
| + | |url=https://www.dailymail.co.uk/news/article-10293843/Circumcision-warning-two-year-old-dies-brother-bleeds-Western-Australia.html | ||
| + | |title=Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out | ||
| + | |last=Wondracz | ||
| + | |first=Aidan | ||
| + | |init=A | ||
| + | |publisher=Daily Mail | ||
| + | |date=2021-12-09 | ||
| + | |accessdate=2024-05-25 | ||
| + | }}</ref> | ||
| + | == Potential civil and criminal liability == | ||
| + | It is not clear what additional civil and/or criminal penalties Dr. Goldman may face. | ||
| + | |||
| + | [[Davis Richards]] (1996) quoted Marion's case, which said: | ||
| + | <blockquote> | ||
| + | "[W]here there is a doubt about the therapeutic character of a proposed procedure, those who would be involved in the procedure may be at risk if they act merely upon a purported authorisation given by the parent or other guardian."<ref>Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 at 275.</ref> | ||
| + | </blockquote> | ||
| + | Richards concluded: | ||
| + | <blockquote> | ||
| + | Ritual male circumcision is non-therapeutic and is not warranted or justified by medical evidence. This form of mutilation should not be legally distinguished from female circumcision which is a form of female genital mutilation presently in the process of being prohibited throughout Australia and the Western world. As ritual male circumcision is non-therapeutic, may be against public policy, and clearly is not in the best interests of the child, a parent's consent may be vitiated, leaving persons involved in the procedure liable in negligence, notwithstanding parental religious beliefs. Alternatively, if a medical practitioner fails to give the parent reasonable information on the risks of and alternatives to ritual circumcision, the practitioner may also be liable in negligence.<ref>David Richards. [https://www.cirp.org/library/legal/richards/ Male Circumcision: Medical or Ritual?] 3 J Law Medicine 371 (1996).</ref> | ||
| + | </blockquote> | ||
| + | [[J. Neville Turner]], Professor of Law at Melbourne's [https://www.monash.edu/ Monash University] and president of [https://www.ozchild.org.au/ Oz Child], has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal | ||
| + | |last=Turner | ||
| + | |init=N | ||
| + | |author-link= | ||
| + | |url=https://www.noharmm.org/boysmaysue.htm | ||
| + | |title=Circumcised boys may sue | ||
| + | |journal=The Health Law Update (Australia) | ||
| + | |date=1996-02-23 | ||
| + | |volume=1 | ||
| + | |issue=4 | ||
| + | |pages=1-2 | ||
| + | |accessdate=2024-05-25 | ||
| + | }}</ref> Professor Turner cited Marion's case, the 1992 [https://www.hcourt.gov.au/ High Court of Australia] case regarding parental consent.<ref>[https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1992-Marions-Case.pdf Department of Health & Community Services v JWB & SMB] (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15</ref> | ||
| + | |||
| + | Boyle et al. (2000) suggested that [[circumcision]] of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.<ref>Gregory J Boyle, J Steven Svoboda, Christopher P Price, J Neville Turner. [https://www.cirp.org/library/legal/boyle1/ Circumcision of Healthy Boys: Criminal Assault?] 7 J Law Med 301 (2000).</ref> | ||
{{SEEALSO}} | {{SEEALSO}} | ||
| + | * [[Complete penile amputation]] | ||
| + | * [[David Reimer]] | ||
* [[Jean-Marie Huot]] | * [[Jean-Marie Huot]] | ||
| − | + | * [[Australia]] | |
{{REF}} | {{REF}} | ||
| − | + | {{DEFAULTSORT:Goldman, Hershel}} | |
[[Category:Jewish]] | [[Category:Jewish]] | ||
[[Category:Judaism]] | [[Category:Judaism]] | ||
| + | [[Category:Male genital mutilation]] | ||
[[Category:Mohel]] | [[Category:Mohel]] | ||
| + | [[Category:Perpetrator]] | ||
[[Category:Physician]] | [[Category:Physician]] | ||
[[Category:Australia]] | [[Category:Australia]] | ||
Revision as of 13:40, 26 May 2024
Dr. Hershel Goldman, B.Sc., MBBS, FRACGP, is a circumcised doctor, general practitioner, and Jewish mohel who practises medicine in Melbourne, Victoria, Australia. The Daily Mail reports that the Medical Board of Australia has banned him from performing circumcision after he amputated the penises of two boys while performing ritual circumcisions in homes.[1]
Dr. Goldman has filed an appeal with the Victorian Civil and Administrative Tribunal (VCAT), where a hearing was held on Thursday, 23 May 2024.[1]
Male circumcision
Many Jews believe that the ritual of Brit Milah is required by the so-called Abrahamic covenant, which has been the most sacred ritual of Judaism, although it is increasingly being questioned.[2] Reports from Israel indicate that many Jewish parents are not having their sons circumcised.[3] [4]
Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in Australia.[5]
Dr Mark Duncan-Smith, the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child circumcision. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith only about ten percent of boys in Western Australia are now being circumcised.[6]
Potential civil and criminal liability
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face.
Davis Richards (1996) quoted Marion's case, which said:
"[W]here there is a doubt about the therapeutic character of a proposed procedure, those who would be involved in the procedure may be at risk if they act merely upon a purported authorisation given by the parent or other guardian."[7]
Richards concluded:
Ritual male circumcision is non-therapeutic and is not warranted or justified by medical evidence. This form of mutilation should not be legally distinguished from female circumcision which is a form of female genital mutilation presently in the process of being prohibited throughout Australia and the Western world. As ritual male circumcision is non-therapeutic, may be against public policy, and clearly is not in the best interests of the child, a parent's consent may be vitiated, leaving persons involved in the procedure liable in negligence, notwithstanding parental religious beliefs. Alternatively, if a medical practitioner fails to give the parent reasonable information on the risks of and alternatives to ritual circumcision, the practitioner may also be liable in negligence.[8]
J. Neville Turner, Professor of Law at Melbourne's Monash University and president of Oz Child, has argued that "circumcised boys may sue."[9] Professor Turner cited Marion's case, the 1992 High Court of Australia case regarding parental consent.[10]
Boyle et al. (2000) suggested that circumcision of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.[11]
See also
References
- ↑ a b
Lackey, Brett (24 May 2024)."Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears", Daily Mail. Retrieved 25 May 2024.
- ↑ http://www.amazon.com/Questioning-Circumcision-Perspective-Ronald-Goldman/dp/0964489562/
- ↑
Ahutuv, Netta (14 June 2012). Even in Israel, more and more parents choose not to circumcise their sons
, Haaretz. Retrieved 25 May 2024. - ↑ Lubell, Maayan (28 November 2012)."In Israel, some rebel against circumcision", Reuters. Retrieved 25 May 2024.
Quote:"It's such a taboo in Israel and in Judaism,"
- ↑
Anonymous. Protection offered by circumcision does not warrant lifting ban, say doctors. The Guardian. 8 February 2017; Retrieved 24 May 2024.
- ↑ Wondracz, Aidan (9 December 2021)."Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out", Daily Mail. Retrieved 25 May 2024.
- ↑ Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 at 275.
- ↑ David Richards. Male Circumcision: Medical or Ritual? 3 J Law Medicine 371 (1996).
- ↑ Turner N. Circumcised boys may sue. The Health Law Update (Australia). 23 February 1996; 1(4): 1-2. Retrieved 25 May 2024.
- ↑ Department of Health & Community Services v JWB & SMB (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15
- ↑ Gregory J Boyle, J Steven Svoboda, Christopher P Price, J Neville Turner. Circumcision of Healthy Boys: Criminal Assault? 7 J Law Med 301 (2000).
