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'''Human rights''' are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, security of the person, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.<ref>{{Construction SiteREFweb |url=https://www.un.org/en/sections/issues-depth/human-rights/ |title=Human Rights |trans-title= |language=English |last= |first= |author-link= |publisher=United Nations |website=un.org |date= |accessdate=2020-02-06 |format= |quote=}}</ref>

The practice of non-therapeutic [[circumcision]], which is rooted in antiquity, predates recorded history, and started 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:

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The General Assembly of the United Nations, acting to fulfill its obligations under the Charter, adopted the ''[[Universal Declaration of Human Rights]]'' (UDHR) in 1948.<refname="udhr1948">{{REFdocument

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The General Assembly adopted the ''[[International Covenant on Civil and Political Rights]]'' (ICCPR) in 1967.<refname="iccpr1967">{{REFdocument |title=International Covenant on Civil and Political RightsRight

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}}</ref> That ''Covenant'', which is international law, has several provisions, which are applicable to the circumcision of children. The General Assembly adopted the ''Convention on the Rights of the Child'' ([[UN-CRC]]) in 1989 (Twenty-two years later). The [[UN-CRC]] does not include certain rights of children that were already protected by the [[ICCPR]]. == Application of the ICCPR to non-therapeutic circumcision of children ==''See [[International_Covenant_on_Civil_and_Political_Rights#Application_of_the_ICCPR_to_non-therapeutic_circumcision_of_children|ICCPR: Application of the ICCPR to non-therapeutic circumcision of children]].'' ==Specific children's rights applicable to non-therapeutic circumcision== The General Assembly of the United Nations adopted the ''Convention on the Rights of the Child'' ([[UN-CRC]]) on 20 November 1989.<ref name="crc1989">{{REFdocument |title=Convention on the Rights of the Child |language= |url=https://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf |contribution= |quote= |trans-quote= |quote-lang= |last= |first= |publisher=United Nations |format=PDF |date=1989-11-20 |accessdate=2019-11-06}}</ref> The [[UN-CRC]] does not replace the [[ICCPR]], which had been previously adopted by the General Assembly. The [[ICCPR]] already provides certain rights to children. The [[UN-CRC]] adds additional rights that children need for protection due to their immaturity and vulnerability. The two documents must be read together to receive the complete picture. Unfortunately, many seem to believe that rights provided by the [[UN-CRC]] are the only human rights of children, but that view is incorrect. ==Application of the CRC to non-therapeutic circumcision of children== ====Article two====Article two provides in part:<blockquote>1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.<ref name="crc1989" /></blockquote>This means that all children, male and female, and regardless of parental religious views, shall enjoy the same human rights. ====Article twelve====Article twelve provides:<blockquote>1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

==Application 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of the ICCPR national law. </blockquote>This means, with application to non-therapeutic circumision circumcision, that the child, who is capable of children=expressing an opinion, shall have his views considered.<ref name="crc1989"/>

Article 7 fourteen provides:

No 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.  2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.  3. Freedom to manifest one shall 's religion or beliefs may be subjected subject only to such limitations as are prescribed by law and are necessary to torture protect public safety, order, health or morals, or the fundamental rights and freedoms of others.<ref name="crc1989"/> </blockquote>This means that a child may express his or her religious views, even though those views may differ from those of his or her parents. This includes views related to cruelmale or female circumcision. ====Article nineteen====Article nineteen provides:<blockquote>1. States Parties shall take all appropriate legislative, inhuman administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or degrading abuse, neglect or negligent treatment , maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or punishmentany other person who has the care of the child.  2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.<ref name="crc1989"/></blockquote> Non-therapeutic male circumcision of male children have both been shown to cause great physical harm in the loss of the [[foreskin]] and its many protective, immunological, sexual, and sensory physiological [[Foreskin#Physiological_functions| functions]]. We now know that male circumcision causes [[Sexual effects of circumcision| sexual]], and [[Psychological issues of male circumcision| mental harm]] to its victims. Furthermore, the sexual and mental harm of non-therapeutic male circumcision is now well documented. States, which are parties to this Convention, have a duty to protect children from such harm. ====Article twenty-four==== Article twenty-four has several paragraphs. Paragraph three is of special importance to male circumcision which is a traditional practice that dates back to before the advent of recorded history.<ref name="crc1989"/> Paragraph three provides:<blockquote>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 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 particularaddition to possible death, [[bleeding]], infection, and surgical misadventure that may result in various injuries, including loss of the penis are more common occurences. ==The question of religious rights== Some argue that parental religious views give that parent a right to circumcise a child, no however that view is not correct. Article 18(3) very clearly states:<blockquote>Freedom to manifest one shall 's religion or beliefs may be subjected without his free consent subject only to such limitations as are prescribed by law and are necessary to medical protect public safety, order, health, or morals or scientific experimentationthe fundamental rights and freedoms of others.</blockquote>It is clear from the discussion above that non-therapeutic circumcision of a child is a violation of the fundamental rights and freedoms of that child. The religious rights of the child are often overlooked. The religious rights of the child are enunciated by Article 18 of the [[ICCPR]] and also by the [[UN-CRC]] Article 14. The right to modify or not modify one's body in accordance with one's religious views is a human right. That right belongs to the individual and no one else. A decision by a parent to circumcise a child tramples on the child's religious rights, so no decision should be taken until the child is of age to decide for himself. ==Acceptance of international human rights law in the United States of America==[https://www.law.cornell.edu/constitution/articlevi Article Six] of the Constitution of the United States makes treaties part of the "supreme law of the land". The Congress of the United States of America, therefore, historically has been protective of the sovereign rights of the United States and reluctant to surrender them by treaty. The [[ICCPR]] and the [[UN-CRC]] are multi-lateral treaties. The United States Senate ratified the [[ICCPR]] in 1992, but it doing so, it took an extraordinary number of reservations, understandings, and declarations. With these reservations, the [[ICCPR]] does not provide a cause for action in United States courts.<ref>{{REFdocument |title=U.S. Reservations to the International Covenant on Civil and Political Rights: Credibility Maximization and Global Influence |trans-title= |language= |url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1018&context=njihr |contribution= |quote= |trans-quote= |quote-lang= |last=Ash |first=Kristina |author-link= |publisher={{UNI|Northwestern University|NWU}} Journal of International Human Rights |format= |date=2005-03 |accessdate=2020-02-03}}</ref> The effect is to render the [[ICCPR]] toothless in the United States. Madeleine Albright, then ambassador to the United Nations, signed the [[UN-CRC]] on behalf of the United States on 16 February 1995. The [[UN-CRC]], however, is at variance with United States law, so it has never been submitted to the Senate of the United States for ratification. The [[United States of America]] is the only country in the world that is not a state-party to the [[UN-CRC]], so the [[UN-CRC]] has only moral authority in the United States. ==Human Rights and non-therapeutic child circumcision== Several authorities have condemned the practice of non-therapeutic child circumcision.

Article 9 providesJacqueline Smith (1998) writing for the [https://www.uu.nl/en/research/netherlands-institute-of-human-rights-sim Netherlands Institute of Human Rights (SIM)], concluded:

Everyone has In my view, the right best way to liberty do justice to the rights of the child is to do no harm, to let it enjoy life in every aspect and security to protect it against influences not asked for. Regardless of whether a child is a boy or a girl, neither should be subject to a tradition which is harmful. When the child is of personconsenting age, fully informed about all possibilities which lay ahead of him or her, it can make up his or her own mind and choose the way he or she thinks is best.<ref name="smith1998">{{REFweb |url=http://www.cirp.org/library/legal/smith/ |title=Male Circumcision and the Rights of the Child |trans-title= |language= |last=Smith |first=Jacqueline |author-link= |publisher=Netherlands Institute of Human Rights |website=CIRP |date=1998 |accessdate=2020-02-04 |format= |quote=}}</ref>

Article 24 provides==Let the child decide==The [[Declaration of Helsinki (2012)]] declared the ''right of [[genital autonomy]]'', which derives from the right of every human being to ''security of person''. Svoboda (2015) reports there now is an emerging consensus that a decision to perform a non-therapeutic circumcision should be deferred until the child is of age and can decide for himself about having an [[amputation]] of his [[foreskin]].<ref name="svoboda2015">{{REFjournal |last=Svoboda |first=J. Steven |init=JS |author-link=J. Steven Svoboda |etal=no |title=Growing world consensus to leave circumcision decision to the affected individual |journal=Am J Bioethics |location= |date=2015 |volume=15 |issue=2 |pages=46-8 |url=https://arclaw.org.customers.tigertech.net/wp-content/uploads/Svoboda-Growing-World-Consensus-to-Leave-Circumcision-Decision-to-Affected-Individual-AJOB-American-Journal-of-Bioethics-2015.pdf |quote= |pubmedID=25674958 |pubmedCID= |DOI=10.1080/15265161.2014.990760 |accessdate=2020-02-06}}</ref> When this practice is followed, the child's human rights are honored and respected. ==Council of Europe== The [https://www.coe.int/en/web/portal/home Council of Europe] is an international organization of 47 European member-states whose goal is to promote human rights in Europe.  The Council of Europe adopted the ''European Convention on Human Rights'' (ECHR) at Rome in 1950. The Convention has been amended or extended by several "protocols" since its original adoption. The ECHR also created the [https://www.echr.coe.int/Pages/home.aspx?p=home European Court of Human Rights] which sits at Strasbourg. The 47 member-states of the ECHR are subect to the provisions of that treaty and to the decisions of the Court.<ref>{{REFdocument |title=European Convention on Human Rights |url=https://www.echr.coe.int/Documents/Convention_ENG.pdf |contribution= |last= |first= |publisher=Council of Europe |format=PDF |date=1950 |accessdate=2020-09-15}}</ref> With regard to child genital cutting, the Parliamentary Assembly of the Council of Europe adopted a resolution on 1 October 2013. Resolution 1952 called on member-states to:

Every 7.1. examine the prevalence of different categories of non-medically justified operations and interventions impacting on the physical integrity of children in their respective countries, as well as the specific practices related to them, and to carefully consider them in light of the best interests of the child shall havein order to define specific lines of action for each of them; 7.2. initiate focused awareness-raising measures for each of these categories of violation of the physical integrity of children, without any discrimination to be carried out in the specific contexts where information may best be conveyed to families, such as the medical sector (hospitals and individual practitioners), schools,religious communities or service providers; 7.3. provide specific training, including on the risks of and alternatives to race certain procedures, colouras well as the medical reasons and minimum sanitary conditions that should be fulfilled when performing them, sexto various professionals involved, languagein particular medical and educational staff, religionbut also, on a voluntary basis, national or social originreligious representatives; 7.4. initiate a public debate, property or birthincluding intercultural and interreligious dialogue, aimed at reaching a large consensus on the right rights of children to protection against violations of their physical integrity according to such human rights standards;  7.5. take the following measures with regard to specific categories of protection violation of children’s physical integrity:<blockquote>7.5.1. publicly condemn the most harmful practices, such as female genital mutilation, and pass legislation banning these, thus providing public authorities with the mechanisms to prevent and effectively fight these practices, including through the application of extraterritorial “legislative or other measures to establish jurisdiction” for cases where nationals are required by his status submitted to female genital mutilation abroad, as a minorspecified in Article 44 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No.210); 7.5.2. clearly define the medical, sanitary and other conditions to be ensured for practices which are today widely carried out in certain religious communities, on such as the non-medicallyjustified circumcision of young boys; 7.5.3. undertake further research to increase knowledge about the part specific situation of intersex people, ensure that no-one is subjected to unnecessary medical or surgical treatment that is cosmetic rather than vital for health during infancy or childhood, guarantee bodily integrity, autonomy and self-determination to persons concerned, and provide families with intersex children with adequate counselling and support;</blockquote>7.6. promote interdisciplinary dialogue between representatives of his familyvarious professions, society including medical doctors and religious representatives, so as to overcome some of the prevailing traditional methods which do not take into consideration the best interest of the child and the Statelatest medical techniques. 7.7. raise awareness about the need to ensure the participation of children in decisions concerning their physical integrity wherever appropriate and possible, and to adopt specific legal provisions to ensure that certain operations and practices will not be carried out before a child is old enough to be consulted.<ref name="cepa1952">{{REFdocument |title=Children’s right to physical integrity |url=http://semantic-pace.net/tools/pdf.aspx?doc=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL1hSZWYvWDJILURXLWV4dHIuYXNwP2ZpbGVpZD0yMDE3NCZsYW5nPUVO&xsl=aHR0cDovL2Fzc2VtYmx5LmNvZS5pbnQvbncveG1sL3hzbC1mby9QZGYvWFJlZi1XRC1BVC1YTUwyUERGLnhzbA==&xsltparams=ZmlsZWlkPTIwMTc0 |contribution=Resolution 1952 |last=Parliamentary Assembly |first= |publisher=Council of Europe |format=PDF |date=2013-10-01 |accessdate=2020-09-15}}</ref>

|publisher=[[Doctors Opposing Circumcision(D.O.C.)]]

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