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Paragraph 1631d (2012) was adopted by the Bundestag after intervention into internal German matters by Israel.
Before adoption and continuing thereafter, [[intactivists]] fight fought against this "Circumcision Act" because, from many legal experts' view, it violates the ''Grundgesetz ''(German Constitution)'' and other legal norms.
== The Text of the Circumcision Act ==
== Remarkable ==
The draft of the Federal Ministery Ministry of Justice had been almost identically adopted as a bill from the Cabinet. Exactly one statement was changed in the legal text:
The draft stated in paragraph 1, clause 1
* [[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 un-indexed 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 amendmenment amendment § 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
===Article Two===
The second section of [[Art. 2 GG| 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===
The '''[https://www.bundesverfassungsgericht.de/EN/Homepage/home_node.html Federal Constitutional Court]''' (German: ''Bundesverfassungsgericht''; abbreviated: ''BVerfG'') is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law (''Grundgesetz'') of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice.
The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them it ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers, and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and does not serve as a regular appellate court from lower courts or the Federal Supreme Courts on any violation of federal laws.
The court's jurisdiction is focused on constitutional issues and the compliance of all governmental institutions with the constitution. Constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the most basic principles of the ''Grundgesetz'' defined by the eternity clause.