15,498
edits
Changes
Jump to navigation
Jump to search
→Superiority of international treaty law: Add inline link.
The practice of non-therapeutic [[circumcision]], which is rooted in antiquity, predates recorded history, and was re-instituted 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.
Children, unlike adults, possess two sets of human rights. <ref>{{REFjournal |last=Hill |first= |init=G |author-link=George Hill |title=The case against circumcision |journal=Journal of Men's Health and Gender |date=2007 |volume=4 |issue=3 |pages=318-23 |url=https://citeseerx.ist.psu.edu/document?repid=rep1&type=pdf&doi=04ace5046cc27f01b8fbe4aa359c059778983912 |quote= |format=PDF |accessdate=2023-10-01}}</ref> [[UNICEF]] says:
<blockquote>
Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights.<ref>{{REFweb
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
</blockquote>
Male circumcision always results in the permanent and irreversible loss of the [[foreskin]], a structure with protective, immunological, sexual, and sensory functions. The loss of the protective and immunological functions are harmful to physical health. The loss of the sensory and sexual functions are harmful to [[https://en.intactiwiki.org/index.php/Sexual_effects_of_circumcision| sexual]] and [[Psychological issues of male circumcision| mental]] health. We have long known that non-therapeutic circumcision of children sometimes results in [[death]]. [[Douglas Gairdner]] (1949) reported circumcision caused nineteen deaths in England and Wales in 1946.<ref name="fate1949">{{GairdnerDM 1949}}</ref> Bollinger (2010) estimated 117 the circumcision-related mortality rate of 0.9/100,000 circumcisions (more than 100 deaths ) per year in the United States.<ref name="bollinger2010">{{BollingerD 2010}}</ref>
In addition to possible death, [[bleeding]], infection, and surgical misadventure that may result in various injuries, including loss of the penis are more common occurences.
</blockquote>
==Superiority of international treaty law==
The [[ICCPR]] and the [[UN-CRC]] are multilateral international treaties and are a part of international law. Treaties are superior law to ordinary domestic law, because they contain various commitments made by each state-party. When there is a conflict between domestic law and international treaty law, the treaty law is supreme while the domestic law which is in conflict is without force or effect, or in other words, is nullified.<ref>[https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Vienna Convention on the Law of Treaties] (1969), Article 27.</ref> Most nations are a state-party to the [https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Vienna Convention on the Law of Treaties].
{{SEEALSO}}
* [[UN Convention on the Rights of the Child]]
* [[Declaration of the First International Symposium on Circumcision (1989)]]
* [[https://pool.intactiwiki.org/images/1998-08-07-The_Oxford_Declaration.pdf The Oxford Declaration (1998)]]
|first=
|author-link=
|publisher=[[Doctors Opposing Circumcision(D.O.C.)]]
|website=ResearchHub
|date=2008
[[Category:Parental information]]
[[Category:Medical ethics]]
[[Category:Law: UN]]
[[Category:Human rights]]
[[de:Menschenrechte]]