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Legal Issues with Circumcision

When it comes to the legality of circumcision, many different aspects come into play. Most of them are cultural or religious. Most countries have now outlawed involuntary female circumcision (or female genital mutilation), however, involuntary male circumcision (which by most standards should also be called male genital mutilation) remains legal in most countries. Many European countries (like the UK) restrict circumcision to imminent medical conditions (rare) or religious reasons, where countries like the United States, Canada and most of the Middle East have no restriction on male circumcision as long as it is performed after the parent's consent.

Some societies feels an obligation to religions, and fear attacking any of their rituals or traditions on grounds of racism or prejudice. This is one reason why newborn males are still being circumcised in developed countries.

Circumcision should be illegal despite religious reasons. Just because you are Jewish or Muslim should not justify child abuse or child mutilation. It should be banned without regards to religious groups just like any other violent act should not be allowed solely for religious reasons.

To be frank ›

I don't believe circumcision

I don't believe circumcision is legal in the US. It is not prosecuted, but that doesn't mean it's legal. Depending on the state, someone who does this to a baby could go to jail for up to 30 years* (and perhaps more) for this.

The laws are on the books that make circumcision a crime. Such an act represents clear criminal and human rights violations, both in terms of child abuse and battery under general criminal law, and also in terms of violating the right to bodily integrity and in regard to torture under international law. From Doctors Opposing Circumcision Genital Integrity Policy Statement, chapter 10:

"The Congress of the United States ratified the United Nations International Covenant on Civil and Political Rights (1966) (ICCPR)24 on June 22, 1992. The ICCPR is part of the supreme law of the United States in accordance with Article VI of the United States Constitution. The United States has undertaken to guarantee the human rights recognized by the ICCPR to all persons in its territory (Article 2.1). Children have the same general human rights as adults, but have a greater right of protection due to their vulnerable status as minors (Article 24.1).24

State and federal courts are required and empowered to enforce the rights provided by the ICCPR (Article 2.3).27 Rights pertinent to the circumcision of male children include the right to equal enjoyment of all rights (Article 3), the right to freedom from cruel, inhuman or degrading treatment (Article 7), right to security of the person, (Article 9.1), the right to protection during minority (Article 24.1). The circumcision of minor male children, who are legally incompetent, violates these rights. The ICCPR requires the United States and the several individual states to take action to protect the human rights of boys as well as girls."

Circumcision is also probably illegal under US criminal law, under the statutes regarding battery, child abuse, the right to bodily integrity and the right to equal protection under the law.

Sadly, the United States does not prosecute violators of these laws (YET), and as far as I'm aware no victim has yet brought a trial to verdict in court - but that doesn't mean they won't in the future. Once the first case does get its full day in court, I reckon the parents of illegally circumcised children will reap the whirlwind, as will the medical establishment, which stands to be rocked to its foundations.

The question is not whether circumcision is illegal - the question is only 'How long will it be before the illegality of circumcision is recognized in the courts'. With more and more people recognizing that circumcision is criminal, I don't think it will be very long before doctors and parents are called to answer for their crimes.

* - Missouri, Maryland & Florida child abuse sentences.

http://www.doctorsopposingcircumcision.org/DOC/statement10.html

http://www.cga.ct.gov/2000/rpt/olr/htm/2000-r-1064.htm

  • By Ian Brett Cooper at 11/04/2009 - 14:43
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