United Kingdom: Difference between revisions

Line 738:

The UK signed the ''Convention on the Rights of the Child'' (CRC) on 19 April 1990 an formally ratified the CRC treaty on 16 December 1991.<ref name="ratstatus" /> Article 2 of the CRC require the UK to respect and ensure the rights specified in the CRC to each child within its jurisdiction.

===Human Rights Act 1998===

The United Kingdom has long been a member of the [https://www.coe.int/en/web/portal Council of Europe] and therefore subject to the [https://rm.coe.int/1680a2353d European Convention on Human Rights]. Under that Convention the United Kingdom may be sued in the [https://www.echr.coe.int/Pages/home.aspx?p=home&c European Court of Human Rights] (Strasbourg) for alleged human rights violations.

Certain parts of the Convention seems applicable to the non-therapeutic circumcision of minor boys:

* Article 3: Freedom from torture and inhuman or degrading treatment

* Article 5: Everyone has a right to liberty and security of person.

* Article 8: Everyone has the right to respect for his private and family life, his home and his correspondence.

The case of ''A v. United Kingdom'' (1998) involved the beating of a child with a garden cane. The court ruled:

States required to take measures designed to ensure individuals not ill-treated in breach of Article 3 by other private individuals – children entitled to protection, through effective deterrence, against such treatment.<ref>{{REFdocument

|title=A. v United Kingdom. [1998] 2 FLR 959

|url=http://www.cirp.org/library/legal/A_v_UK1998/

|contribution=

|last=

|first=

|publisher=Circumcision Reference Library

|format=

|date=1998

|accessdate=2021-09-07

}}</ref>

</blockquote>

The case clearly established the right of children to protection. Nevertheless, no known cases have applied international human rights law specifically to the practice of non-therapeutic child circumcision in the UK.

The human rights provisions of the Convention have now been brought into domestic law by the [https://www.legislation.gov.uk/ukpga/1998/42/contents Human Rights Act 1998], so violations of human rights law could be litigated in the domestic courts of the UK.

==The ethics of non-therapeutic circumcision==

@@ Line 738: / Line 738: @@
 The UK signed the ''Convention on the Rights of the Child'' (CRC) on 19 April 1990 an formally ratified the CRC treaty on 16 December 1991.<ref name="ratstatus" /> Article 2 of the CRC require the UK to respect and ensure the rights specified in the CRC to each child within its jurisdiction.
+===Human Rights Act 1998===
+The United Kingdom has long been a member of the [https://www.coe.int/en/web/portal Council of Europe] and therefore subject to the [https://rm.coe.int/1680a2353d European Convention on Human Rights]. Under that Convention the United Kingdom may be sued in the [https://www.echr.coe.int/Pages/home.aspx?p=home&c European Court of Human Rights] (Strasbourg) for alleged human rights violations.
+Certain parts of the Convention seems applicable to the non-therapeutic circumcision of minor boys:
+* Article 3: Freedom from torture and inhuman or degrading treatment
+* Article 5: Everyone has a right to liberty and security of person.
+* Article 8: Everyone has the right to respect for his private and family life, his home and his correspondence.
+The case of ''A v. United Kingdom'' (1998) involved the beating of a child with a garden cane. The court ruled:
+<blockquote>
+ States required to take measures designed to ensure individuals not ill-treated in breach of Article 3 by other private individuals – children entitled to protection, through effective deterrence, against such treatment.<ref>{{REFdocument
+ |title=A. v United Kingdom. [1998] 2 FLR 959
+ |url=http://www.cirp.org/library/legal/A_v_UK1998/
+ |contribution=
+ |last=
+ |first=
+ |publisher=Circumcision Reference Library
+ |format=
+ |date=1998
+ |accessdate=2021-09-07
+}}</ref>
+</blockquote>
+The case clearly established the right of children to protection. Nevertheless, no known cases have applied international human rights law specifically to the practice of non-therapeutic child circumcision in the UK.
+The human rights provisions of the Convention have now been brought into domestic law by the [https://www.legislation.gov.uk/ukpga/1998/42/contents Human Rights Act 1998], so violations of human rights law could be litigated in the domestic courts of the UK.
 ==The ethics of non-therapeutic circumcision==