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=== UN Convention on the Rights of the Child ===
{{WikipediaQuote
|URL=https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child
}}
<blockquote>
The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child). It came into force on 2 September 1990, after it was ratified by the required number of nations.
As of 24 August 2021, 196 countries are party to it, including every member of the United Nations except the United States=== International Covenant on Civil and Political Rights ==='' See [[International Covenant on Civil and Political Rights]] for details.</blockquote>''
* [[Art. 2 === UN-CRC]] - Respect for children's rights; Prohibition of discrimination* [[Art. 3 UN-CRC]] - Well-being Convention on the Rights of the childChild ===* ''See [[Art. 6 UN-CRC]] - Right to live* [[Art. 14 UN-CRC]] - Freedom of thought, conscience and religion* [[Art. 18 UN-CRC]] - Responsibility for Convention on the best interests Rights of the child* [[Art. 19 UN-CRCChild]] - Protection against the use of force, abuse, neglect* [[Artfor details. 24 UN-CRC]] - Health care* [[Art. 30 UN-CRC]] - Minority protection* [[Art. 39 UN-CRC]] - Recovery and reintegration of injured children''
Laws
,Wikify.
'''Assault is not permitted in any country or state on earth by law.''' This should mean that this topic should have been dealt with worldwide for children.
However, many (adult) supporters of circumcision believe that removing the healthy [[foreskin]] from the healthy [[penis]] of a healthy boy (often enough without anesthesia or even anesthesia) is not a physical injury. In addition, it is often argued that something is allowed if it is not forbidden ''explicitly''. However, if, for example, [[bodily harm ]] is explicitly forbidden, but genital mutilation as a type of bodily harm is ''only'' forbidden implicitly, it is difficult to derive permission from this.
The legal situation on the subject of [[HGM]] is very different around the world. This article attempts to summarize the applicable laws with regard to [[HGM]] in the case of minors, without claiming to be exhaustive:
== United Nations ==
=== Germany ===
==== Constitution ====
The German Constitution (''Grundgesetz'', GG) speaks out clearly against the fact that the genitals of children may be modified without [[medical indication]]. The relevant articles are:
* [[Art. 1 GG]]
* [[Art. 2 GG]]
=== Switzerland ===
==== Federal Constitution ====
The Swiss Federal Constitution (''Bundesverfassung'', BV) is clearly against the fact that the genitals of children may be modified without [[medical indication]]. The relevant articles are:
* [[Art. 7 BV]] - Human dignity
==== Legal opinions ====
In March 2018, the chairman of the [[[Pro Kinderrechte Schweiz]] ''(Pro Children's Rights Switzerland)'' association, Christoph Geissbühler, published an extensive ''"Legal assessment of genital circumcision of boys on the basis of medical facts"''<ref>[http://www.pro-kinderrechte.ch/site/assets/files/1031/rechtliche_beurteilung_auf_der_grundlage_medizinischer_fakten-2018.pdf Legal Assessment of Genital Circumcision of Boys on the Basis of Medical Facts], PDF, as of 2018-08</ref>. It notes that in Switzerland previously there were mainly four legal assessments on the [[amputation]] of the foreskin in healthy boys, although the authors would have assessed the legal situation differently. What all articles have in common, however, is that they hardly take medical facts into account for their own legal assessments and that they sometimes even misrepresent them. The goal achieved by the association was to finally adequately consider the medical facts for the legal assessment.
=== United Kingdom ===
==== Statutes ====
* [https://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents Offences Against the Person Act 1861]
* [https://www.legislation.gov.uk/ukpga/Geo5/23-24/12 Children and Young Persons Act 1933]
* [[Children Act 1989]]
* [https://www.legislation.gov.uk/ukpga/1998/42/contents Human Rights Act 1998]
==== Case law ====
* [https://www.globalhealthrights.org/wp-content/uploads/2013/01/HL-1985-Gillick-v.-West-Norfolk-and-Wisbech-Area-Health-Authority-and-Anr..pdf Gillick v West Norfolk and Wisbech Area Health Authority and another] (1985)
* [https://www.lawteacher.net/free-law-essays/criminal-law/r-v-brown-discrimination-0956.php R v Brown] (1994)
* [[Re B and G (children) (No 2) EWFC 3]] (2015)
* [[Re L and B (CHILDREN)]] (2016)
==== Commentary ====
* {{REFdocument
|title=Male Circumcision: A Legal Affront
|url=http://www.cirp.org/library/legal/price-uklc/
|contribution=
|last=Price
|first=Christopher P.
|init=CP
|author-link=Christopher P. Price
|publisher=Circumcision Reference Library
|format=
|date=1996-12
|accessdate=2021-09-07
}}
* {{REFjournal
|last=Edge
|first=Peter W.
|init=PW
|author-link=
|title=Male circumcision after the human rights act 1998
|journal=J Civil Liberties
|date=2000
|volume=5
|issue=
|pages=320
|url=http://www.cirp.org/library/legal/edge1/
|accessdate=2020-05-10
}}
* {{REFjournal
|last=Fox
|first=Marie
|init=M
|author-link=
|last2=Thomson
|first2=Michael
|init2=M
|author2-link=
|etal=so
|title=Bodily Integrity, Embodiment and the Regulation of Parental Choice
|journal=Journal of Law and Society
|location=
|date=2017
|volume=44
|issue=4
|pages=501-31
|url=http://eprints.whiterose.ac.uk/122232/3/Fox_Thomson_Bod_Int_revised%206March17.pdf
|archived=
|quote=
|pubmedID=
|pubmedCID=
|DOI=
|accessdate=2020-09-08
}}
* {{REFjournal
|last=Möller
|first=Kai
|init=K
|author-link=
|title=Male and Female Genital Cutting: Between the Best Interest of the Child and Genital Mutilation
|journal=Oxford Journal of Legal Studies
|date=2020-06-26
|volume=
|issue=
|pages=
|url=https://academic.oup.com/ojls/advance-article/doi/10.1093/ojls/gqaa001/5862902
|DOI=10.1093/ojls/gqaa001
|accessdate=2020-09-08
}}
{{SEEALSO}}