Human rights

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The practice of non-therapeutic circumcision, which is rooted in antiquity, and started 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.

History

The era of human rights may be considered to have started with the formation of the United Nations at San Francisco in 1945 because the Charter of the United Nations requires that body to promote universal respect and observance of human rights for all — without distinction as to race, sex, language, or religion.

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. 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. That Covenant, which is international law, has several provisions, which are applicable to the circumcision of children.

Application of the ICCPR to non-therapeutic circumision of children

Articles 7, 9, and 24 are applicable to circumcision. Each nation that is a state-party under the ICCPR, which took effect in 1976, pledges to enforce those rights for its citizens.

Article 7 provides:

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.