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Alternative law draft amendment to § 1631 BGB

12 bytes added, 14:26, 23 August 2022
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wikify medical indication
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.
''(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.
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