COLOGNE: Two law professors slam German law

J Med Ethics doi:10.1136/medethics-2012-101284
May 22, 2013

Law Professors slam circumcision law

Two law professors, at the Universities of Hamburg and Passau, have published a joint paper in the Journal of Medical Ethics, slamming a law passed by the Bundestag last year. That law, pushed through under considerable pressure from religious interests, undermined an important determination of the Cologne District Court that infant circumcision is bodily harm.

After Cologne: male circumcision and the law. Parental right, religious liberty or criminal assault?
by Reinhard Merkel and Holm Putzke

Abstract
Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face.

Earlier story

BERLIN: Metzitzah may break new law

Jewish Light
April 12, 2013

Circumcision ritual under investigation in Berlin

by

BERLIN (JTA) -- Berlin's District Attorney is investigating complaints about a circumcision that took place last month in the German capital.

A spokesperson for the office of the public prosecutors, Martin Steltner, told JTA that several complaints were formally lodged in the past two weeks regarding the March 3 circumcision of the infant son of Berlin Chabad Rabbi Yehudah Teichtal and his wife, Leah Teichtal. The department is looking into the charges and had not yet launched a formal investigation.

News of the investigation comes months after Germany's parliament passed a law protecting the rights of Jews and Muslims to religious circumcision.

The Teichtal circumcision involved mezizah b'peh, an tradition common only in limited Orthodox circles in which blood is sucked orally from the circumcision wound. The practice has come under increasing scrutiny in recent years due to the risk of transmission of viruses to the infant. Prosecutors have not said if Teichtal's son was harmed by the procedure.

Germany's main Jewish newspaper, the weekly Juedische Allgemeine Wochenzeitung, reported that one of the complainants was Christian Bahls, a mathematician from the city of Rostock who heads the Mogis association for victims of sexual abuse and which has a "working group on victims of circumcision."

In an online statement, Bahls said he decided to sue after seeing a video of the circumcision. He said that the new German law did not legalize the practice of mezizah b'peh, but rather required that all circumcisions be performed according to modern medical standards.

Rabbi Teichtal was in Israel and could not be reached before the Sabbath, but the Chabad office in Berlin confirmed that the formal complaints mentioned Teichtal as well as Menachem Fleischman, a well-known mohel in Israel, and the child's maternal grandfather, Rabbi Yochanan Gurary of Holon, Israel.

Some Orthodox communities have adopted the medically recommended use of a glass pipette for the procedure, but this protective measure allegedly was not employed in the recent ceremony.

The case arises against the background of public disapproval of the circumcision rite in Germany. In December, the Bundestag passed a new circumcision law after months of heated debate over efforts to ban the practice.

Gideon Joffe, head of Berlin's Jewish community, issued a statement Friday defending the right to practice traditions handed down over generations. [One can think of many evil traditions handed down over generations until they were stopped. This is the fallacy of Appeal to Antiquity.]

"We were hoping that the new circumcision law would finally restore legal security and that the recent debates, which were very stressful to the Jewish community, were finally over," Joffe said. "The Jewish Community of Berlin is a unified community and members of every denomination should be able to live out their Judaism as they learned it from their parents and grandparents."

Earlier German law story
Earlier NY metztizah story

LONDON: Two out of five would ban infant circumcision

Nearly two out of five support a ban on infant circumcision

Jewish Chronicle
March 27, 2013

Forty five per cent of Britons ready to ban shechita

by Simon Rocker

Almost half the population favour a ban on religious slaughter of animals for meat and nearly a third want a ban on male circumcision, according to the results of a YouGov poll for the JC.

Asked whether they support or oppose a ban on religious slaughter, 45 per cent back a ban, 27 per cent are against and 28 per cent say they do not know.

Opinion diverges less when respondents are asked about “male circumcision for religious reasons”, with 38 per cent [More like 2/5 than 1/3] supporting a ban, 35 per cent against and 27 per cent undecided.

Dayan Yisroel Lichtenstein, head of the Federation Beth Din, said: “It’s worrying and it shows we need to do a lot more public relations to put our case.”

...

Forty-one per cent of 18-24 year-olds would ban both shechita and circumcision.

...

The German government recently passed legislation to protect religious circumcision after a mohel was arrested last year. [No, not even detained, but convicted and discharged.]

...

But David Graham, senior research fellow of the Institute for Jewish Policy Research, cautioned against reading too much into the figures.

...

If people are asked are whether they support or oppose a ban on an issue, he said, “the seed of doubt is already sown in the respondent’s mind, before he or she has had a chance to consider what they are being asked. It is hardly surprising a majority opts for a ban.”

[Perhaps if the question had been,

"Do you think babies' genitals should

1. be left alone?
2. have part cut off?"

the proportion in favour of intactness would have been considerably higher.]


...

BERLIN: Green candidate stood down for anti-circumcision poems

Haaretz
December 31, 2012

German Green candidate quits over criticisms of Jews, Muslims

Ulf Dunkel had come under fire from the national Jewish spokesman over two anti-circumcision poems he published.
 
Germany's Green Party said Monday that a candidate who had described Jews and Muslims as "arseholes" because they practice male circumcision was withdrawing from a state poll.

Ulf Dunkel had come under fire from the national Jewish spokesman over two anti-circumcision poems he published.

One termed those who circumcise their sons "arseholes" and "blind fanatics." The other included the line: "Sharpen the knife, sing a hymn, cut off the member's foreskin."

Male circumcision, which is rarely practiced in Germany on medical grounds, triggered fierce controversy in the run-up to federal legislation, introduced in mid-December, which confirmed that it is legal for parents to arrange for religiously mandated circumcision. [The law does not mention religion.]

Michael Jaeger, of the Cloppenburg chapter of the Green Party, said that while Dunkel's name would remain on the ballot in a January 20 election for the Lower Saxony state parliament, the candidate would decline to take up his seat if elected. Dunkel could not be reached for comment.

Jaeger said it was too late to take his name off the ballot because postal voting in the state had already begun.

Dieter Graumann, chairman of the Central Council of Jews, earlier appealed to the Greens to withdraw Dunkel's candidacy. "His works radiate hate-filled arrogance towards Jews and Muslims," Graumann said.

BERLIN: Majority oppose new circumcision law

Unternehmen-heute.de 22. Dezember 2012 Umfrage: Klare Mehrheit der Deutschen lehnt Beschneidungsgesetz ab von Bernd Seeger Berlin - Das vom Bundestag mit großer Mehrheit beschlossene Gesetz zur Beschneidung von Jungen wird von 70 Prozent der Deutschen abgelehnt. Das ergab eine repräsentative Umfrage des Instituts Infratest dimap im Auftrag des Vereins Mogis (Missbrauchsopfer gegen Internetsperren), die der Frankfurter Allgemeinen Sonntagszeitung vorliegt. Nur 24 Prozent der Befragten hielten das Gesetz demnach für richtig. Es erlaubt - mit einigen Auflagen - die bestehende Beschneidungspraxis. Im Bundestag hatten sich Mitte des Monats 434 Abgeordnete für die Annahme des Gesetzes entschieden. Für die Meinungsumfrage wurden 1.000 Personen am 18. und 19. Dezember befragt.

Unternehmen-heute.de December 22, 2012 Poll: Clear majority of Germans reject circumcision law by Bernd Seeger Berlin - An infant male circumcision law overwhelmingly adopted by the Bundestag is opposed by 70 percent of Germans. The findings of a representative survey by the institute Infratest dimap on behalf of the Mogis Association (abuse victims against Internet censorship) were presented in the Sunday edition of Frankfurter Allgemeinen. Only 24 percent of respondents considered the law appropriate. It allows - with a few conditions - the existing practice of circumcision. In the Bundestag at the middle of the month 434 MPs had decided to pass the law. In the survey, 1,000 people were questioned on 18 and 19 December. Earlier story

BERLIN: Paediatric Association condemns circumcision law

Gesetzentwurf der Bundesregierung
November 27, 2012

German Pediatric Society roundly condemns infant circumcision.

Dr.Wolfram Hartmann, President of the Professional Association of Child and Youth Doctors in Germany, spoke on November 26, 2012 to the Bundestag committee considering the Government's "Draft law on the scope of child's care regulations at a circumcision of the male child" and the draft law of MPs Marlene Rupprecht, Katja Dörner, Diana Golze, Caren Marks, Rolf Schwanitz, other MPs: "Draft law on the scope of the child's care and the rights of the male child at a circumcision "

The Association opposes the first, which sets conditions for the performance of child circumcision, but no limit on who may do it, and supports the second, which sets a minimum age of 14, with informed consent.

Dr Hartmann told the committee

This statement is coordinated with the German Academy for Child and Youth Medicine (DAKJ), the umbrella organization of all pediatric associations in Germany (German Society for Child and youth medicine DGKJ, Professional Association of the Child and Youth doctors, German Society for social pediatrics and youth medicine DGSPJ), to which other organizations are co-opted (see also . I also refer to the statement of the Germany Society for Child Surgery) on that subject.

From a medical point of view, there is no reason to remove the intact foreskin of under-aged boys not capable of giving consent. In pre-school age, it is also very rare to have a true medical indication to remove (circumcise) the foreskin. At this age, the foreskin (prepuce) is physiologically more or less strongly fastened to the glans. Attempts to pull back the immature and adhered foreskin often cause inflammations and painful fissures.

"The male foreskin is part of the dermal organ and fulfills an important role in protecting the very delicate glans. ...

The repeatedly-quoted statement of the AAP contradicts earlier statements by the same organization, without being able to refer to new scientific evidence. The AAP statement has meanwhile been considered scientifically untenable by almost all pediatric societies and associations worldwide.

... The American lawyers association for children's rights, Attorneys for the Rights of the Child also criticized the AAP statement in a letter to the Pediatrics magazine [Which was not published there, but was published here]. It [says the AAP policy] contains errors and inconsistencies and violates both the AAP's own statements regarding bioethics, and several civil and criminal law regulations in the USA.

The WHO recommendations for prophylactic circumcisions only refers to mature, sexually active men in countries with low hygienic standards and is not suitable to justify the prophylactic circumcision of under-aged boys not capable to give consent. ...

.... The government's current draft law on the scope of child's care regulations at a circumcision of the male child unwillingly opens the door for demands to legalize the circumcision of girls.

BERLIN: Bundestag begins debating legal circumcision

DeutcheWelle
November 22, 2012

German parliament debates circumcision law

By Kay-Alexander Scholz
Germany's parliament has started debating a draft law on infant male circumcision. The government wants legal security for Muslim and Jewish traditions in Germany.

In May 2012, a Cologne court ruled that the circumcision of a young boy on religious grounds amounted to grievous bodily harm and therefore illegal.

...

The draft law foresees amending the German Civil Code by article 1631d, which is to be dedicated entirely to male infant circumcision. The operation would be legal if it is carried out according to "appropriate medical procedures" and does not endanger the child's health, for instance in the case of a hemophiliac. Persons other than doctors who are trained in the art of circumcision, such as Jewish mohels, will be allowed to practice the rite during the first six months of a child's life.

...

The Bundestag, or lower house of parliament, began its discussion on the legislation on Thursday (22.11.2012). An alternative draft law handed in by a group of opposition left-wing lawmakers was also on the agenda. They propose that parents should have to wait until their son is 14 so he can give informed consent for the procedure. After all, they argue, circumcision involves a grave operation in which the "foreskin is amputated."

This draft takes into account criticism by children's protection organizations and the Association of Pediatricians, which approved of the Cologne court's ruling. In this scenario, circumcision on the eighth day after birth, as is Jewish custom, would be impossible.

The Bundestag Legal Committee is scheduled to examine the medical risks circumcision entails at a hearing on November 26.

...
Earlier story