German Court Rules Religious Circumcision on Boys an Assault


by AFP

Circumcising young boys on religious grounds amounts to grievous bodily harm, a German court ruled Tuesday in a landmark decision that the Jewish community said trampled on parents’ religious rights.

The regional court in Cologne, western Germany, ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents”, a judgment that is expected to set a legal precedent.

“The religious freedom of the parents and their right to educate their child would not be unacceptably compromised, if they were obliged to wait until the child could himself decide to be circumcised,” the court added.

The case was brought against a doctor in Cologne who had circumcised a four-year-old Muslim boy on his parents’ wishes.

A few days after the operation, his parents took him to hospital as he was bleeding heavily. Prosecutors then charged the doctor with grievous bodily harm.

The doctor was acquitted by a lower court that judged he had acted within the law as the parents had given their consent.

On appeal, the regional court also acquitted the doctor but for different reasons.

The regional court upheld the original charge of grievous bodily harm but also ruled that the doctor was innocent as there was too much confusion on the legal situation around circumcision.

The court came down firmly against parents’ right to have the ritual performed on young children.

“The body of the child is irreparably and permanently changed by a circumcision,” the court said. “This change contravenes the interests of the child to decide later on his religious beliefs.”

The decision caused outrage in Germany’s Jewish community.

The head of the Central Committee of Jews, Dieter Graumann, said the ruling was “an unprecedented and dramatic intervention in the right of religious communities to self-determination.”

The judgment was an “outrageous and insensitive act. Circumcision of newborn boys is a fixed part of the Jewish religion and has been practiced worldwide for centuries,” added Graumann.

“This religious right is respected in every country in the world.”

Holm Putzke, a criminal law expert at the University of Passau, told the Financial Times Deutschland that the ruling was “enormously important for doctors because for the first time they have legal certainty.”

“Unlike many politicians, the court has not allowed itself to be scared off by charges of anti-Semitism or religious intolerance,” added Putzke.

The World Health Organisation has estimated that nearly one in three males 15 or over is circumcised. In the United States, the operation is often performed for hygiene reasons on infants.

Thousands of young boys are circumcised every year in Germany, especially in the country’s large Jewish and Muslim communities.
The court specified that circumcision was not illegal if carried out for medical reasons.

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1 Comment

Filed under Politics, Religion

One response to “German Court Rules Religious Circumcision on Boys an Assault

  1. Cees van der Duin

    Activists File Complaint Against § 1631d BGB

    December 2013 — German intactivist movement tries to tackle circumcision law. Since december 2012 a circumcision law (§ 1631d BGB) principally allows parents to circumcize their son as desired. Now activists against HGM or any ritual mutilation (i. e. FGM and MGM) have written a petition to the German Supreme Court (Bundesverfassungsgericht) and demand that the § 1631d BGB is declared as not being in accordance with the German constitution. Instead they call for an end of all circumcisions done without medical necessity.

    27. Dezember 2013
    an das
    Bundesverfassungsgericht
    Karlsruhe

    Beschwerde gegen das Bundesgesetz über den Umfang der Personensorge bei einer Beschneidung des männlichen Kindes

    Die Beschwerdeführer legen daher gegen dieses Gesetz Beschwerde ein und beantragen durch eine einstweilige Anordnung nach § 32 Abs. 1 BVerfGG diese Vorschrift sofort außer Kraft zu setzen, um alle medizinisch nicht erforderlichen Beschneidungen, insbesondere Rituale wie Metzitzah B’Peh, pria und Praktiken wie im folgenden Link beschrieben, die sicherlich mit einer Zirkumzision lege artis nicht zu vereinbaren sind, trotzdem aber durchgeführt werden, zu verbieten bis das hohe Gericht über die Verfassungsbeschwerde entschieden hat.

    Die Beschwerdeführer beantragen zudem, die nicht medizinisch indizierte MGM an nicht einwilligungs- und urteilsfähigen Jungen auf die Liste der Auslandsstraftaten zu setzen, um sowohl Beschneidungstourismus zu verhindern als auch die gegebenenfalls erforderliche Strafverfolgung ortsunabhängig zu gewährleisten.

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