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Circumcision Is Unethical and Unlawful
J Steven Svoboda1, Peter W Adler1, Robert S Van Howe1
1J. Steven Svoboda, M.S., J.D., is Executive Director of Attorneys for the Rights of the Child, graduated with honors from Harvard Law School and has a B.S. (Physics and English, summa cum laude) from the University of California at Los Angeles and a Master's Degree in Physics from the University of California at Berkeley. He presented to the United Nations on male circumcision as a human rights violation. He has published numerous articles regarding male circumcision in publications such as the Journal of Law, Medicine & Ethics, the American Journal of Bioethics, the Journal of the Royal Society of Medicine, and, most recently, the Journal of Medical Ethics. Peter W. Adler, J.D., M.A., is Legal Advisor to Attorney For the Rights of the Child. He holds a B.A. degree in Philosophy from Dartmouth College (magna cum laude, Phi Beta Kappa), an M.A. degree with Honours in Philosophy from Cambridge University, and a J.D. degree from University of Virginia School of Law, where he was an editor of the Virginia Law Review and the Virginia Journal of International Law. Robert S. Van Howe, M.D., M.S., is Professor and Interim Chairman of Pediatrics at Central Michigan University College of Medicine. His research interests include primary care issues, evidence-based medicine, and the efficacy of teaching bioethics to medical students. He has been an invited presenter to the American Academy of Pediatrics Task Force on Circumcision and to Centers for Disease Control and Prevention and is currently working on a book on the ethics of genital alteration.
Circumcision, the removal of the foreskin, is a non-therapeutic procedure with significant risks and no proven medical benefits. Medical ethics and legal precedents suggest deferring this irreversible surgery until an individual can provide informed consent.
Area of Science:
- Medical Ethics
- Human Rights Law
- Pediatric Surgery
Background:
- The foreskin is a sensitive, integral part of the penis crucial for sexual response.
- Circumcision is an irreversible, non-therapeutic surgical procedure with potential risks.
- Historical medical claims regarding circumcision benefits have been debunked.
Purpose of the Study:
- To analyze the ethical and legal implications of non-therapeutic infant circumcision.
- To evaluate the scientific validity of claims promoting circumcision.
- To assert the violation of bodily autonomy and human rights associated with circumcision.
Main Methods:
- Review of medical ethics principles (autonomy, beneficence, non-maleficence, justice).
- Analysis of legal precedents, including a German court ruling on circumcision as assault.
- Examination of human rights declarations and legal duties of physicians.
- Critique of scientific claims made by organizations like the American Academy of Pediatrics.
Main Results:
- Circumcision lacks medical necessity and carries risks of physical and psychological harm.
- Claims promoting circumcision are scientifically unsupported and contradict medical consensus in many Western countries.
- The procedure violates fundamental ethical principles and established human rights, including bodily integrity and autonomy.
Conclusions:
- Non-therapeutic circumcision should be deferred until the individual can provide informed consent.
- Physicians have a legal and ethical duty to protect children from unnecessary surgical interventions.
- Current legal and human rights frameworks suggest that circumcision may constitute a violation of a child's rights.
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