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[Legal aspects of ritual circumcision]
M Schreiber1, G E Schott, W Rascher
1Abteilung für Kinderurologie, Urologische Klinik, Friedrich-Alexander Universität Erlangen-Nürnberg, Erlangen. ms.schreiber@yahoo.de
Klinische Padiatrie
|December 17, 2009
Summary
Female circumcision is illegal in Germany. Male circumcision, often performed without clear medical or legal justification, is also considered bodily harm and requires the child
Area of Science:
- Legal Medicine
- Human Rights Law
- Medical Ethics
Context:
- Female circumcision (genital mutilation) is a criminal human rights violation in Germany, regardless of consent.
- The legal status of ritual male circumcision is unclear, with procedures often performed without thorough medical or legal consideration.
- Public awareness of the legal implications of male circumcision is limited.
Purpose:
- To analyze the legal and medical aspects of both female and male circumcision in Germany.
- To clarify the legal permissibility of male circumcision, particularly in ritual contexts.
- To highlight the ethical considerations and bodily harm associated with non-medically indicated circumcisions.
Summary:
- Female circumcision is unequivocally illegal and unethical in Germany. Male circumcision, while medically distinct, also constitutes bodily harm.
- Current German law prohibits female circumcision, even with consent. Male circumcision is legally permissible only with the mature consent of the child, typically after age 16.
- The abstract argues that parental consent for ritual male circumcision is invalid as it does not serve the child's well-being and the child must consent themselves.
Impact:
- Raises awareness about the legal precariousness of ritual male circumcision in Germany.
- Contributes to the discourse on bodily autonomy and children's rights in medical procedures.
- Informs medical professionals and the public about the legal and ethical boundaries of circumcision.
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