Summary:

Religious groups have criticised the ruling, saying that it violates their religious rights. But the Cologne state court reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights.

http://jurist.org/paperchase/2012/06/germany-court-criminalizes-circumcision-of-minors.php

[26 June 2012] - A German court ruled Tuesday that circumcising young boys based on religious traditions is prohibited even if the parents consent to the procedure. The Cologne state court addressed the issue of whether to criminalise the circumcision of Muslim and Jewish children and reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights. The case involved a doctor who carried out a circumcision on a four-year-old Muslim boy on his parents' request. The operation had some complications and after the state's prosecution was notified of the incident, it brought a lawsuit against the doctor. The court, however, dismissed the claim against the doctor reasoning that he was not aware of the procedure's illegality at the time of circumcision. The court's judgment was criticised by religious groups stating that it is infringing upon the right to freedom of religion. 

Circumcision remains controversial throughout the world. In October California Governor Jerry Brown signed into law a bill that will prevent local governments from banning male circumcision. The law was written in response to a ballot measure proposed in San Francisco that would have made male circumcision illegal if the recipient was under the age of 18, with perpetrators penalised by a fine of $1,000 or imprisonment. 

Further Information:

• EVENT: One-day workshop on How to Prevent Unnecessary Male Circumcision (26 July 2012) 
• NETHERLANDS: Tensions continue over circumcision debate (3 November 2011) 
• NORWAY: Ombudsman proposes setting minimun age for male circumcision (2 September 2011) 
• UNITED STATES: Ban on child circumcision up for vote in San Francisco (20 May 2011)  
• DENMARK: Plan to ban all circumcision (20 November 2008)
• International Human Rights Law and the Circumcision of Children (18 December 2007)
• NOCIRC: The UN ignores the suffering of male children by not including forced circumcision in their World Report on Violence against Children (17 October 2006)
• CRIN newsletter: 'Measuring Maturity - Understanding Children's 'Evolving Capacities' (October 2009) 
• 'Male Circumcision and the Rights of the Child', Jacqueline Smith, Netherlands Institute of Human Rights, University of Utrecht, 1998. 
• More resources on Harmful Traditional Practices
• More on children's rights in Germany

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Last updated 27/06/2012 13:25:52

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