Laws: Difference between revisions
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'''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. | '''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. | 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: | 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.'' | |||
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=== Denmark === | === [[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. | 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 ==== | ==== 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: | 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]] | ||
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==== Civil Code ==== | ==== Civil Code ==== | ||
On [[12 | 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]] | * [[German Circumcision Act|§ 1631d BGB]] | ||
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=== Sweden === | === [[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. | 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. | ||
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=== Switzerland === | === Switzerland === | ||
==== Federal Constitution ==== | ==== 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: | 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. 7 BV]] - Human dignity | ||
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==== Legal opinions ==== | ==== 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. | 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}} | ||