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'''Human rights''' are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.<ref>{{REFweb
'''Human rights''' are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, security of the person, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.<ref>{{REFweb
  |url=https://www.un.org/en/sections/issues-depth/human-rights/
  |url=https://www.un.org/en/sections/issues-depth/human-rights/
  |title=Human Rights
  |title=Human Rights
Line 15: Line 15:
}}</ref>
}}</ref>


The practice of non-therapeutic circumcision, which is rooted in antiquity, predates recorded history, and re-instituted in the 19th century for alleged medical reasons, predates the inauguration of the human rights era in 1945. The advent of and recognition of human rights for all (including patients) has profoundly altered medical ethics and the acceptability of non-therapeutic child circumcision.
The practice of non-therapeutic [[circumcision]], which is rooted in antiquity, predates recorded history, and was re-instituted in the 19th century for alleged medical reasons, predates the inauguration of the human rights era in 1945. The advent of and recognition of human rights for all (including patients) has profoundly altered medical ethics and the acceptability of non-therapeutic child circumcision.<ref>{{REFweb
|url=https://intactamerica.org/circumcision-crisis/
|title=The U.S. Circumcision Crisis: Why Your Support Matters
|last=Alissa
|first=Kristel
|init=
|author-link=
|publisher=Intact America
|date=2024-10-20
|accessdate=2024-10-23
}}</ref>


Children, unlike adults, possess two sets of human rights. UNICEF says:
Children, unlike adults, possess two sets of human rights.<ref>{{REFjournal
|last=Hill
|first=
|init=G
|author-link=George Hill
|title=The case against circumcision
|journal=Journal of Men's Health and Gender
|date=2007
|volume=4
|issue=3
|pages=318-23
|url=https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=04ace5046cc27f01b8fbe4aa359c059778983912
|quote=
|format=PDF
|accessdate=2023-10-01
}}</ref> [[UNICEF]] says:
<blockquote>
<blockquote>
Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights.<ref>{{REFweb
Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights.<ref>{{REFweb
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  |first=
  |first=
  |author-link=
  |author-link=
  |publisher=UNICEF
  |publisher=[[UNICEF]]
  |website=
  |website=
  |date=
  |date=
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}}</ref>
}}</ref>


The General Assembly of the United Nations, acting to fulfill its obligations under the Charter, adopted the ''Universal Declaration of Human Rights'' (UDHR) in 1948.<ref>{{REFdocument
The General Assembly of the United Nations, acting to fulfill its obligations under the Charter, adopted the ''[[Universal Declaration of Human Rights]]'' (UDHR) in 1948.<ref name="udhr1948">{{REFdocument
  |title=Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948).
  |title=Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948).
  |url=https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
  |url=https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
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}}</ref> The UDHR recognizes the rights of all to security of the person (Article 3), to freedom from inhuman, cruel, or degrading treatment (Article 5), and the rights of motherhood and childhood to special protection (Article 25.2), all of which are applicable to circumcision.
}}</ref> The UDHR recognizes the rights of all to security of the person (Article 3), to freedom from inhuman, cruel, or degrading treatment (Article 5), and the rights of motherhood and childhood to special protection (Article 25.2), all of which are applicable to circumcision.


The General Assembly adopted the ''International Covenant on Civil and Political Rights'' (ICCPR) in 1967.<ref>{{REFdocument
The General Assembly adopted the ''[[International Covenant on Civil and Political Rights]]'' (ICCPR) in 1967.<ref name="iccpr1967">{{REFdocument
  |title=International Covenant on Civil and Political Rights
  |title=International Covenant on Civil and Political Right
  |url=https://treaties.un.org/doc/Treaties/1976/03/19760323%2006-17%20AM/Ch_IV_04.pdf
  |url=https://treaties.un.org/doc/Treaties/1976/03/19760323%2006-17%20AM/Ch_IV_04.pdf
  |contribution=
  |contribution=
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}}</ref> That ''Covenant'', which is international law, has several provisions, which are applicable to the circumcision of children.
}}</ref> That ''Covenant'', which is international law, has several provisions, which are applicable to the circumcision of children.


The General Assembly adopted the ''Convention on the Rights of the Child'' (CRC) in 1989 (Twenty-two years later). The CRC does not include certain rights of children that were already protected by the ICCPR.  
The General Assembly adopted the ''Convention on the Rights of the Child'' ([[UN-CRC]]) in 1989 (Twenty-two years later). The [[UN-CRC]] does not include certain rights of children that were already protected by the [[ICCPR]].


==Application of the ICCPR to non-therapeutic circumcision of children==
== Application of the ICCPR to non-therapeutic circumcision of children ==
 
''See [[International_Covenant_on_Civil_and_Political_Rights#Application_of_the_ICCPR_to_non-therapeutic_circumcision_of_children|ICCPR: Application of the ICCPR to non-therapeutic circumcision of children]].''
Articles 7, 9, and 24 are applicable to male and female non-therapeutic circumcision of children.  Each nation that is a state-party under the ICCPR, which took effect in 1976, pledges to enforce those rights for its citizens.
====Article seven====
Article 7 provides:
<blockquote>
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.</blockquote>
 
Non-therapeutic circumcision of children is cruel because it permanently deprives the victim of the optimum sexual function and pleasure for all of his life. It is degrading because it amputates a portion of the penis and renders it less functional.
 
====Article nine====
Article 9 provides:
<blockquote>
Everyone has the right to liberty and security of person.
</blockquote>
 
Security of person is the right to bodily integrity. Bodily integrity is compromised when part of the penis is amputated, so non-therapeutic circumcision of non-consenting children violates this provision of international law.
 
====Article twenty-four====
Article 24 provides:
<blockquote>
Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
</blockquote>
 
When a child is denied protection from non-therapeutic circumcision, this right is violated.


==Specific children's rights applicable to non-therapeutic circumcision==
==Specific children's rights applicable to non-therapeutic circumcision==


The General Assembly of the United Nations adopted the ''Convention on the Rights of the Child'' (CRC) on 20 November 1989.<ref name="crc1989">{{REFdocument
The General Assembly of the United Nations adopted the ''Convention on the Rights of the Child'' ([[UN-CRC]]) on 20 November 1989.<ref name="crc1989">{{REFdocument
  |title=Convention on the Rights of the Child
  |title=Convention on the Rights of the Child
  |language=
  |language=
Line 119: Line 121:
  |date=1989-11-20
  |date=1989-11-20
  |accessdate=2019-11-06
  |accessdate=2019-11-06
}}</ref> The CRC does not replace the ICCPR, which had been previously adopted by the General Assembly. The ICCPR already provides certain rights to children. The CRC adds additional rights that children need for protection due to their immaturity and vulnerability. The two documents must be read together to receive the complete picture. Unfortunately, many seem to believe that rights provided by the CRC are the only human rights of children, but that view is incorrect.
}}</ref> The [[UN-CRC]] does not replace the [[ICCPR]], which had been previously adopted by the General Assembly. The [[ICCPR]] already provides certain rights to children. The [[UN-CRC]] adds additional rights that children need for protection due to their immaturity and vulnerability. The two documents must be read together to receive the complete picture. Unfortunately, many seem to believe that rights provided by the [[UN-CRC]] are the only human rights of children, but that view is incorrect.


==Application of the CRC to non-therapeutic circumcision of children==
==Application of the CRC to non-therapeutic circumcision of children==
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Article two provides in part:
Article two provides in part:
<blockquote>
<blockquote>
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.<ref name="crc1989" />
</blockquote>
</blockquote>
This means that all children, male and female, and regardless of parental religious views, shall enjoy the same human rights.
This means that all children, male and female, and regardless of parental religious views, shall enjoy the same human rights.
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2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.  
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.  
</blockquote>
</blockquote>
This means, with application to non-therapeutic circumcision, that the child, who is capable of expressing an opinion, shall have his views considered.
This means, with application to non-therapeutic circumcision, that the child, who is capable of expressing an opinion, shall have his views considered.<ref name="crc1989"/>


====Article fourteen====
====Article fourteen====
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2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.   
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.   


3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.  
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.<ref name="crc1989"/>
</blockquote>
</blockquote>
This means that a child may express his or her religious views, even though those views may differ from those of his or her parents. This includes views related to male or female circumcision.
This means that a child may express his or her religious views, even though those views may differ from those of his or her parents. This includes views related to male or female circumcision.
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1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.   
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.   


2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.<ref name="crc1989"/>
</blockquote>  
</blockquote>  
Non-therapeutic male circumcision of male children have both been shown to cause great physical harm in the loss of the [[foreskin]] and its many protective, immunological, sexual, and sensory physiological [[Foreskin#Physiological_functions| functions]]. We now know that male circumcision causes [[Sexual effects of circumcision| sexual]], and [[Psychological issues of male circumcision| mental harm]] to its victims. Furthermore, the sexual and mental harm of non-therapeutic male circumcision is now well documented.
Non-therapeutic male circumcision of male children have both been shown to cause great physical harm in the loss of the [[foreskin]] and its many protective, immunological, sexual, and sensory physiological [[Foreskin#Physiological_functions| functions]]. We now know that male circumcision causes [[Sexual effects of circumcision| sexual]], and [[Psychological issues of male circumcision| mental harm]] to its victims. Furthermore, the sexual and mental harm of non-therapeutic male circumcision is now well documented.
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====Article twenty-four====
====Article twenty-four====


Article twenty-four has several paragraphs. Paragraph three is of special importance to male circumcision which is a traditional practice that dates back to before the advent of recorded history.
Article twenty-four has several paragraphs. Paragraph three is of special importance to male circumcision which is a traditional practice that dates back to before the advent of recorded history.<ref name="crc1989"/>


Paragraph three provides:
Paragraph three provides:
Line 170: Line 172:
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.  
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.  
</blockquote>
</blockquote>
Male circumcision always results in the permanent and irreversible loss of the [[foreskin]], a structure with protective, immunological, sexual, and sensory functions. The  loss of the protective and immunological functions are harmful to physical health. The loss of the sensory and sexual functions are harmful to [[https://en.intactiwiki.org/index.php/Sexual_effects_of_circumcision| sexual]] and [[Psychological issues of male circumcision| mental]] health. We have long known that non-therapeutic circumcision of children sometimes results in [[death]]. [[Douglas Gairdner]] (1949) reported circumcision caused  nineteen deaths in England and Wales in 1946.<ref name="fate1949">{{GairdnerDM 1949}}</ref> Bollinger (2010) estimated the circumcision-related mortality rate of 0.9/100,000 circumcisions (more than 100 deaths) per year in the United States.<ref name="bollinger2010">{{BollingerD 2010}}</ref>


We have long known that non-therapeutic circumcision of children sometimes results in [[death]]. [[Douglas Gairdner]] (1949) reported circumcision caused  nineteen deaths in England and Wales in 1946.<ref name="fate1949">{{REFjournal
In addition to possible death, [[bleeding]], infection, and surgical misadventure that may result in various injuries, including loss of the penis are more common occurences.
|last=Gairdner
 
|first=D.M.
==The question of religious rights==
|title=The fate of the foreskin: a study of circumcision
 
|journal=British Medical Journal
Some argue that parental religious views give that parent a right to circumcise a child, however that view is not correct. Article 18(3) very clearly states:
|volume=2
<blockquote>
|issue=4642
Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law    and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of   others.
|pages=1433-7
</blockquote>
|url=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2051968/pdf/brmedj03656-0009.pdf
It is clear from the discussion above that non-therapeutic circumcision of a child is a violation of the fundamental rights and freedoms of that child.
|quote=
|pubmedID=15408299
|pubmedCID=2051968
|DOI=10.1136/bmj.2.4642.1433
|date=1949
|accessdate=2020-02-02
}}</ref> Bollinger (2010) estimated 117 deaths per year in the United States.<ref name="bollinger2010">{{REFjournal
|last=Bollinger
|first=Dan
|author-link=Dan Bollinger
|last2=Boy's Health Advisory
|title=Lost Boys: An Estimate of U.S. Circumcision-Related Infant Deaths
|journal=Thymos: Journal of Boyhood Studies
|volume=4
|issue=1
|pages=78-90
|url=http://www.mensstudies.com/content/b64n267w47m333x0/?p=7ebbd6b446d940cbbd4274c095754b12π=5
|quote=
|pubmedID=
|pubmedCID=
|DOI=10.3149/thy.0401.78
|date=2010-04-26
|accessdate=2020-02-02
}}</ref>


In addition to possible death, bleeding, infection, and surgical misadventure that may result in various injuries, including loss of the penis are more common occurences.
The religious rights of the child are often overlooked. The religious rights of the child are enunciated by Article 18 of the [[ICCPR]] and also by the [[UN-CRC]] Article 14. The right to modify or not modify one's body in accordance with one's religious views is a human right. That right belongs to the individual and no one else. A decision by a parent to circumcise a child tramples on the child's religious rights, so no decision should be taken until the child is of age to decide for himself.


==Acceptance of international human rights law in the United States of America==
==Acceptance of international human rights law in the United States of America==
[https://www.law.cornell.edu/constitution/articlevi Article Six] of the Constitution of the United States makes treaties part of the "supreme law of the land".
[https://www.law.cornell.edu/constitution/articlevi Article Six] of the Constitution of the United States makes treaties part of the "supreme law of the land".


The Congress of the United States of America, therefore, historically has been protective of the sovereign rights of the United States and reluctant to surrender them by treaty. The ICCPR and the CRC are multi-lateral treaties.
The Congress of the United States of America, therefore, historically has been protective of the sovereign rights of the United States and reluctant to surrender them by treaty. The [[ICCPR]] and the [[UN-CRC]] are multi-lateral treaties.


The United States Senate ratified the ICCPR in 1992, but it doing so, it took an extraordinary number of reservations, understandings, and declarations. With these reservations, the ICCPR does not provide a cause for action in United States courts.<ref>{{REFdocument
The United States Senate ratified the [[ICCPR]] in 1992, but it doing so, it took an extraordinary number of reservations, understandings, and declarations. With these reservations, the [[ICCPR]] does not provide a cause for action in United States courts.<ref>{{REFdocument
  |title=U.S. Reservations to the International Covenant on Civil and Political Rights: Credibility Maximization and Global Influence
  |title=U.S. Reservations to the International Covenant on Civil and Political Rights: Credibility Maximization and Global Influence
  |trans-title=
  |trans-title=
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  |first=Kristina
  |first=Kristina
  |author-link=
  |author-link=
  |publisher=Northwestern University Journal of International Human Rights
  |publisher={{UNI|Northwestern University|NWU}} Journal of International Human Rights
  |format=
  |format=
  |date=2005-03
  |date=2005-03
  |accessdate=2020-02-03
  |accessdate=2020-02-03
}}</ref> The effect is to render the ICCPR toothless in the United States.
}}</ref> The effect is to render the [[ICCPR]] toothless in the United States.


Madeleine Albright, then ambassador to the United Nations, signed the CRC on behalf of the United States on 16 February 1995. The CRC, however, is at variance with United States law, so it has never been submitted to the Senate of the United States for ratification. The United States is the only country in the world that is not a state-party to the CRC, so the CRC has only moral authority in the United States.
Madeleine Albright, then ambassador to the United Nations, signed the [[UN-CRC]] on behalf of the United States on 16 February 1995. The [[UN-CRC]], however, is at variance with United States law, so it has never been submitted to the Senate of the United States for ratification. The [[United States of America]] is the only country in the world that is not a state-party to the [[UN-CRC]], so the [[UN-CRC]] has only moral authority in the United States.


==Human Rights and non-therapeutic child circumcision==
==Human Rights and non-therapeutic child circumcision==
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==Let the child decide==
==Let the child decide==
The [[Declaration of Helsinki (2012)]] declared the ''right of genital autonomy'', which derives from the right of every human being to ''security of person''.  Svoboda (2015) reports there now is an emerging consensus that a decision to perform a non-therapeutic circumcision should be deferred until the child is of age and can decide for himself about having an amputation of his [[foreskin]].<ref name="svoboda2015">{{REFjournal|last=Svoboda
The [[Declaration of Helsinki (2012)]] declared the ''right of [[genital autonomy]]'', which derives from the right of every human being to ''security of person''.  Svoboda (2015) reports there now is an emerging consensus that a decision to perform a non-therapeutic circumcision should be deferred until the child is of age and can decide for himself about having an [[amputation]] of his [[foreskin]].<ref name="svoboda2015">{{REFjournal
|last=Svoboda
  |first=J. Steven
  |first=J. Steven
|init=JS
  |author-link=J. Steven Svoboda
  |author-link=J. Steven Svoboda
  |etal=no
  |etal=no
  |title=Growing World Consensus to Leave Circumcision Decision to the Affected Individual
  |title=Growing world consensus to leave circumcision decision to the affected individual
|trans-title=
|language=
  |journal=Am J Bioethics
  |journal=Am J Bioethics
  |location=
  |location=
Line 276: Line 255:
  |accessdate=2020-02-06
  |accessdate=2020-02-06
}}</ref>
}}</ref>
When this practice is followed, the child's human rights are honored and respected.
==Council of Europe==
The [https://www.coe.int/en/web/portal/home Council of Europe] is an international organization of 47 European member-states whose goal is to promote human rights in Europe.
The Council of Europe adopted the ''European Convention on Human Rights'' (ECHR) at Rome in 1950. The Convention has been amended or extended by several "protocols" since its original adoption. The ECHR also created the [https://www.echr.coe.int/Pages/home.aspx?p=home European Court of Human Rights] which sits at Strasbourg. The 47 member-states of the ECHR are subect to the provisions of that treaty and to the decisions of the Court.<ref>{{REFdocument
|title=European Convention on Human Rights
|url=https://www.echr.coe.int/Documents/Convention_ENG.pdf
|contribution=
|last=
|first=
|publisher=Council of Europe
|format=PDF
|date=1950
|accessdate=2020-09-15
}}</ref>
With regard to child genital cutting, the Parliamentary Assembly of the Council of Europe adopted a resolution on 1 October 2013.
Resolution 1952 called on member-states to:
<blockquote>
7.1.  examine  the  prevalence  of  different  categories  of  non-medically  justified  operations  and interventions impacting on  the  physical integrity of  children in their  respective countries, as  well  as  the specific practices related to them, and to carefully consider them in light of the best interests of the child in order to define specific lines of action for each of them;
7.2.  initiate focused awareness-raising measures for each of these categories of violation of the physical integrity of children, to  be  carried out in the  specific contexts where information may best be conveyed to families, such as  the  medical sector (hospitals and individual  practitioners), schools,religious communities or service providers;
7.3.  provide specific training, including on  the  risks  of  and  alternatives to  certain procedures, as  well as the medical reasons and minimum sanitary conditions that should be fulfilled when performing them, to  various professionals involved, in particular medical and  educational staff, but also, on a voluntary basis, religious representatives;
7.4.  initiate a public debate, including intercultural and interreligious dialogue, aimed at  reaching a large consensus on the rights of children to protection against violations of their  physical integrity according to human rights standards;
7.5.  take the  following measures with regard  to specific categories of  violation of  children’s physical integrity:
<blockquote>
7.5.1.  publicly condemn the  most harmful practices, such as female genital mutilation, and pass legislation banning these, thus providing public authorities with the mechanisms to  prevent and effectively fight these    practices, including  through the application of extraterritorial “legislative or  other measures to  establish jurisdiction” for cases where nationals are submitted to female  genital mutilation  abroad, as specified  in Article 44 of the Council of Europe Convention on Preventing and  Combating  Violence against Women  and Domestic Violence (CETS No.210);
7.5.2.  clearly define the medical, sanitary and other  conditions to  be ensured for  practices which are today widely carried out in certain religious communities, such as the non-medicallyjustified circumcision of young boys;
7.5.3.  undertake  further research to  increase  knowledge  about the  specific  situation  of intersex people, ensure that no-one is subjected to  unnecessary medical or  surgical treatment that is cosmetic rather than vital for health during infancy or childhood, guarantee bodily integrity, autonomy and self-determination to persons concerned, and provide families  with intersex children with adequate counselling and support;
</blockquote>
7.6.  promote interdisciplinary dialogue between representatives of various professions, including medical doctors and religious representatives, so as  to overcome some of the prevailing traditional methods which do not take into consideration the best interest of the child and the latest medical techniques.
7.7.  raise awareness about the need to ensure the participation of children in decisions concerning their physical integrity wherever appropriate and possible, and to adopt specific legal provisions to ensure that certain operations and practices will not be carried out before a child  is old enough to be consulted.<ref name="cepa1952">{{REFdocument
|title=Children’s right to physical integrity
|url=http://semantic-pace.net/tools/pdf.aspx?doc=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL1hSZWYvWDJILURXLWV4dHIuYXNwP2ZpbGVpZD0yMDE3NCZsYW5nPUVO&xsl=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL3hzbC1mby9QZGYvWFJlZi1XRC1BVC1YTUwyUERGLnhzbA==&xsltparams=ZmlsZWlkPTIwMTc0
|contribution=Resolution 1952
|last=Parliamentary Assembly
|first=
|publisher=Council of Europe
|format=PDF
|date=2013-10-01
|accessdate=2020-09-15
}}</ref>
</blockquote>
==Superiority of international treaty law==
The [[ICCPR]] and the [[UN-CRC]] are multilateral international treaties and are a part of international law. Treaties are superior law to ordinary domestic law, because they contain various commitments made by each state-party. When there is a conflict between domestic law and international treaty law, the treaty law is supreme while the domestic law which is in conflict is without force or effect, or in other words, is nullified.<ref>[https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Vienna Convention on the Law of Treaties] (1969), Article 27.</ref> Most nations are a state-party to the [https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Vienna Convention on the Law of Treaties].


{{SEEALSO}}
{{SEEALSO}}


* [[UN Convention on the Rights of the Child]]
* [[Declaration of the First International Symposium on Circumcision (1989)]]
* [[Declaration of the First International Symposium on Circumcision (1989)]]
* [[https://pool.intactiwiki.org/images/1998-08-07-The_Oxford_Declaration.pdf The Oxford Declaration (1998)]]
* [[Declaration of Helsinki (2012)]]
* [[Declaration of Helsinki (2012)]]
* [[Ethics of non-therapeutic child circumcision]]
* [[Ethics of non-therapeutic child circumcision]]
* [http://semantic-pace.net/tools/pdf.aspxdoc=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL1hSZWYvWDJILURXLWV4dHIuYXNwP2ZpbGVpZD0yMDE3NCZsYW5nPUVO&xsl=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL3hzbC1mby9QZGYvWFJlZi1XRC1BVC1YTUwyUERGLnhzbA==&xsltparams=ZmlsZWlkPTIwMTc0 Children's Right to Physical Integrity (2013)], Resolution 1952 of the Council of Europe.
* [[Informed consent]]
* [[Surrogate consent]]


==Video==
==Video==


The late [[Paul Mason]], former Tasmanian Commissioner for Children, discusses the human rights violations inherent in non-therapeutic circumcision of children.
The late [[Paul Mason]], former Tasmanian Commissioner for Children, discusses the human rights violations inherent in non-therapeutic circumcision of children.


<youtube>gngB7MwxYfA</youtube>
<youtube>gngB7MwxYfA</youtube>


{{LINKS}}
{{LINKS}}
* {{REFweb
* {{REFweb
  |url=https://www.i2researchhub.org/articles/ch-9-international-human-rights-law-and-the-circumcision-of-children-doc-genital-integrity-statement/
  |url=https://www.i2researchhub.org/articles/ch-9-international-human-rights-law-and-the-circumcision-of-children-doc-genital-integrity-statement/
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  |first=
  |first=
  |author-link=
  |author-link=
  |publisher=Doctors Opposing Circumcision
  |publisher=[[Doctors Opposing Circumcision (D.O.C.)]]
  |website=ResearchHub
  |website=ResearchHub
  |date=2008
  |date=2008
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  |format=
  |format=
  |quote=
  |quote=
}}
}} The Royal Dutch Medical Association (KNMG) took a strong position against non-therapeutic child circumcision in 2010.
The Royal Dutch Medical Association (KNMG) took a strong position against non-therapeutic child circumcision in 2010.
 
* {{REFdocument
* {{REFdocument
  |title=Non-therapeutic circumcision of male minors
  |title=Non-therapeutic circumcision of male minors
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  |accessdate=2020-02-06
  |accessdate=2020-02-06
}}
}}
* {{REFjournal
* {{REFjournal
  |last=Svoboda
  |last=Svoboda
  |first=J. Steven
  |first=J. Steven
|init=JS
  |author-link=J. Steven Svoboda
  |author-link=J. Steven Svoboda
  |etal=no
  |etal=no
  |title=Circumcision of male infants as a human rights violation
  |title=Circumcision of male infants as a human rights violation
|trans-title=
|language=
  |journal=J Med Ethics
  |journal=J Med Ethics
  |location=
  |location=
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  |DOI=10.1136/medethics-2012-101229
  |DOI=10.1136/medethics-2012-101229
  |accessdate=2020-02-06
  |accessdate=2020-02-06
}}
* [https://semantic-pace.net/tools/pdf.aspx?doc=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL1hSZWYvWDJILURXLWV4dHIuYXNwP2ZpbGVpZD0yMDE3NCZsYW5nPUVO&xsl=aHR0cDovL3NlbWFudGljcGFjZS5uZXQvWHNsdC9QZGYvWFJlZi1XRC1BVC1YTUwyUERGLnhzbA==&xsltparams=ZmlsZWlkPTIwMTc Resolution 1952: Children’s right to physical integrity]
<!--{{REFdocument
|title=Resolution 1952: Children’s right to physical integrity
|url=https://semantic-pace.net/tools/pdf.aspx?doc=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL1hSZWYvWDJILURXLWV4dHIuYXNwP2ZpbGVpZD0yMDE3NCZsYW5nPUVO&xsl=aHR0cDovL3NlbWFudGljcGFjZS5uZXQvWHNsdC9QZGYvWFJlZi1XRC1BVC1YTUwyUERGLnhzbA==&xsltparams=ZmlsZWlkPTIwMTc
|contribution=Parliamentary Assembly
|last=
|first=
|publisher=Council of Europe
|format=PDf
|date=2013-10-13
|accessdate=2020-05-09
}}-->
* {{REFdocument
|title=The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?
|url=https://repository.gchumanrights.org/bitstream/handle/20.500.11825/161/Bernaerts_2012%EF%80%A213.pdf
|contribution=
|last=Bernaerts
|first=Jonathan Alfons J
|publisher=European Commission
|format=PDF
|date=2014
|accessdate=2020-05-04
}}
* {{REFjournal
|last=McLaughlin Jr
|first=Paul Jerome
|init=PJ
|author-link=
|title=Legal and Medical Ethical Entanglements of Infant Male Circumcision and International Law
|journal=Journal of Medical Law and Ethics
|date=2016-4
|volume=4
|issue=1
|pages=23-38
|url=https://commons.law.famu.edu/cgi/viewcontent.cgi?article=1003&context=library-facpub
|accessdate=2020-09-08
}}
* {{REFweb
|url=https://eachother.org.uk/child-rights-religious-freedoms-collide-infant-male-circumcision-debate/
|archived=
|title=Child Rights and Religious Freedoms Collide in the Infant Male Circumcision Debate
|trans-title=
|language=
|last=Norgard
|first=Saxon
|author-link=
|publisher=Each Other
|website=
|date=2018-03-27
|accessdate=2022-05-24
|format=
|quote=No-one can seriously or rationally suggest that amputating a part of another person’s body who didn’t consent amounts to respect for the rights and health and safety of others.
}}
}}


{{REF}}
{{REF}}


[[Category:Parental information]]
[[Category:Medical ethics]]
[[Category:Law: UN]]
[[Category:Human rights]]


 
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