Difference between revisions of "Hershel Goldman"
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== Potential civil and criminal liability == | == Potential civil and criminal liability == | ||
| + | [[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 Monash University and president of Oz Child, has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal | [[J. Neville Turner]], Professor of Law at Melbourne's Monash University and president of Oz Child, has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal | ||
|last=Turner | |last=Turner | ||
Revision as of 22:30, 25 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]
Many Jews believe that the ritual of Brit Milah is required by the so-called Abrahamic covenant, which is 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.
Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in Australia.[3]
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.[4]
Potential civil and criminal liability
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."[5]
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.[6]
J. Neville Turner, Professor of Law at Melbourne's Monash University and president of Oz Child, has argued that "circumcised boys may sue."[7] Professor Turner cited Marion's case, the 1992 High Court of Australia case regarding parental consent.[8]
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.[9]
It is not clear what civil and/or criminal penalties Dr. Goldman may face.
See also
References
- ↑
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/
- ↑
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).
