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German Circumcision Act

1,530 bytes added, 02:13, 10 March 2020
Add section on rights.
* [[Andreas Manok]], '''The medically not indicated [[circumcision]] of the male child – Legal situation before and after the adoption of § 1631d Civil Code with special consideration of fundamental rights''', Berlin: Duncker & Humblot, 2015 (Writings on health law [SGR], vol. 34). 217 pages. ISBN 978-3-428-14584-3. 69,90 €.<ref>http://www.duncker-humblot.de/index.php/die-medizinisch-nicht-indizierte-beschneidung-des-mannlichen-kindes.html</ref>
{{Citation
| Text=The author examines the question of the legality of unindexed medical [[circumcision]]s of male minors at the behest of their parents. After a cultural historical overview and consideration of medical aspects he fully verifies whether the amendmendment amendmenment § 1631d to the Civil Code by the federal legislature in reaction to the so-called circumcision judgment of Cologne is constitutional. He concludes that § 1631d BGB is unconstitutional in several aspects. Firstly, the fundamental right of minors to physical integrity predominates the parental education right and their fundamental right to freedom of religion, as far as scope and the irreversibility of the intervention are concerned. On the other hand, it is an unjustified discrimination against male minors because of their gender, because the operation on them should be allowed while even mild forms of [[FGM|female circumcision]] are under threat of punishment by § 226a Criminal Code.
| Author=Dr. Georg Neureither
| Source=religion-weltanschauung-recht.net
| ref=<ref>http://www.v-r.de/de/die_beschneidung_von_jungen/t-0/1011073/</ref>
}}
 
==Apparent violations of the Basic Law==
 
The first section of the Basic Law essentially is a Bill of Rights that annunciates and guarantees basic rights. It has nineteen articles that enunciate various human rights of the inhabitants of Germany.
 
===Article One===
Dignity is the quality of being worthy of respect. Article one provides that state authority shall be used to respect and protect human dignity. There are no age limits for human dignity, so even newborn babies are entitled to have their human dignity respected.
 
===Article Two===
The second section of Article Two provides a right to physical integrity. Circumcision of male children violates the child's right to physical integrity because it amputates functional tissue from the penis without any medical necessity.
 
===Article Three===
Paragraph Two of Article Three provides that "men and women shall have equal rights." However, the German circumcision law denies rights to males that are protected for females.
 
Paragraph Three of Article Three provides that "no person shall be favoured or disfavoured because of sex, …" however boys are disfavoured by the Circumcision Act while girls are favoured.
 
===Article Four===
Article Four guarantees religious rights. Even baby boys have religious rights that they may exercise when they are older. Some religions favor circumcision while some other religions disfavor circumcision. Circumcision of a small boy denies the boy his right to decide about his circumcision in accordance with his religious view.
==Federal Constitutional Court==
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