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In October, 2012 [[Ulf Dunkel]] wrote an alternative law amendmend to § 1631 Civil Code of Germany, which is up to now the largest known draft because it claims that physical interventions without [[medical indication ]] on persons under age are inadmissible in general.
He introduced this draft as an application of urgence to the 34th Federal Delegates Conference (FDC) of the German Greens which took place in November, 2012 in Hannover. The application was expelled, like all other applications on the subject [[Circumcision]], to a "religious-political committee" at the FDC.
The "[[German Circumcision Act|Circumcision Act]]" as it is called now everywhere, is in fact a [[Special Law|"Special law for Jews"]], since in its second paragraph it clearly aims on the [[circumcision]] of male infants. Muslim religious representatives have been complaining about this paragraph because it would not treat them equally.
I am saying that this amendmend would be a rollback into the history of [[human rights ]] and would absolutely harm the well-being of the child. It is important to look at the development of Section 1631 in its history. Its oldest version dates from the end of the 19th century.
'''At that time, it looked like this:'''
Currently, however, the debate provides a ''rolback to old times'', actually back to the year 1900, because it aims at giving back the parents education right power over the child's body.
This rollback must be prevented by all means, if we do not want to set our development as a secular, enlightened, democratic society which orients towards [[human rights]], at risk. ("Resist the Beginnings!")
The Civil Code Section 1931 "Contents and limits of care for the person of the child" should indeed remain as it is, however get a controversial supplement § 1631 d, according to the vociferous arguments of Orthodox religious spokesmen who have intimidated the Parliament, as follows:
''(1) The care for the person of the child includes without limitation the duty and the right to care for, bring up and supervise the child and to specify its abode.''
''(2) [1] Children have a right to non-violent upbringing. [2] Physical punishments, psychological injuries and other degrading measures are inadmissible. [3] '''Physical interventions without [[medical indication ]] are not permitted.''' ''
''(3) The family court is to support the parents, on application, in exercising care for the person of the child in suitable cases.''
That would be it.
Thus [[circumcision]]s of persons under age without [[medical indication]], but also ear hole stinging, piercings etc. would no longer be permitted. The 'punishment' would have to be directed against the 'clients', thus usually parents, as well as against the 'perpetrators', thus circumcisers, piercing studios, jewelry shops, etc. No special punishment law whould have to be newly invented, because everything hs already present in the StGB ''(Criminal Code)''.
This enhancement of § 1631 (2) would be another step towards more children's rights in German law, while the Cabinet decision lets children become law objects again, on the state of the 19th century.
</blockquote>
{{LINKS}}* {{REFweb |last=Dunkel |first= External links Ulf |author-link=Ulf Dunkel |url=* [httphttps://ulfdunkel.wordpress.com/2012/10/30/beschneidungsdebatte-alternativer-gesetzesanderung-entwurf-%C2%A7-1631-bgb/ |title=Original draft on [[Ulf Dunkel]]'s blog] |date=2012-10-30 |accessdate=2022-12-30}}* [{{REFweb |url-original=http://www.gruene.de/partei/bdk-in-hannover/antraege-und-tagesordnung.html?tx_rsmproposal_pi1%5Bproposal%5D=1772&tx_rsmproposal_pi1%5Baction%5D=show&tx_rsmproposal_pi1%5Bcontroller%5D=Proposal&cHash=d953470c14bf53fb20b237ccd7cd02a2 |url=http://web.archive.org/web/20121127103944/https://www.gruene.de/partei/bdk-in-hannover/antraege-und-tagesordnung.html |archived=yes |title=Original appeal on the website of the German Greens] |date=2022-11-27 |accessdate=2022-12-30}}
[[Category:Germany]]
[[Category:LawsLegislative initiative]][[Category:Human rights]]
[[de:Alternativer Gesetzesänderung-Entwurf von Ulf Dunkel zum § 1631 BGB]]