Showing posts with label Journal of Medical Ethics. Show all posts
Showing posts with label Journal of Medical Ethics. Show all posts

Wednesday, May 22, 2013

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

Tuesday, March 26, 2013

BERKELEY/ILLINOIS: Dr and lawyer slam ethics of AAP circumcision policy / Task Force defence: "Respect!"

March 24, 2013

AAP Circumcision Task Force fails again


by Hugh Young

In the latest Journal of Medical Ethics, a paediatrician and a lawyer have demolished the ethics of the 2012 American Academy of Pediatrics circumcision policy. (pdf may require opening in a reader to show the comments.)

They say the policy suffers from several troubling deficiencies, including "...the exclusion of important topics and discussions, an incomplete and apparently partisan excursion through the medical literature, improper analysis of the available information, poorly documented and often inaccurate presentation of relevant findings, and conclusions that are not supported by the evidence given."


  • Topics excluded:
    • Anatomy and function of the foreskin
    • Harm caused by its removal
    • Biomedical ethics
    • Human and children’s rights
  • Incomplete and partisan survey of literature:
    • Case reports, case series, ecological studies, reviews and opinions excluded
    • Studies finding detriments from circumcision excluded
    • Cost/benefit analyses that fail to find benefit ignored
    • No North American STD or HIV studies (which consistently fail to find circumcision benefit)
    • Cherry-picking from within studies
  • Improper analysis:
    • Internally contradictory statements
    • Conclusions that do not follow from data
    • No risk/benefit analysis (either of circumcision or intactness)
    • Move toward recommending based entirely on three African HIV studies
  • Poorly documented and inaccurate presentation:
    • Ignores anti-circumcision findings within cited studies
    • Gets numbers wrong, e.g. in cancer risk
    • Discusses circumcision, but not Gardasil, to prevent HPV
    • Fails to apply cost/benefit to UTI, the only early-onset risk
    • Fails to consider cost of meatotomy
  • Conclusions not supported by evidence:
    • Third-party payment called for, yet still "elective"
    • Doctors advised to be cultural brokers for parents


Accordingly, the critics say, the AAP should immediately replace its policy with one reflecting such critical concerns as the functions of the lost tissue, medical ethics and the importance of respecting non-consenting children’s rights.



This is followed by a reply by the Task Force (pdf may require opening in a reader to show the comments) that addresses none of the issues it raises, but just questions the tone of opposition to circumcision in general, asking four times that criticism to be "respectful".

This is essentially the fallacy of Appeal to Authority.

The most disrespectful word in the Svoboda-Van-Howe paper is "myopic".

This repeated demand for "respect" ignores one of the major realities of that case - that an increasing number of men are very angry that this was done to them, and they resent the lack of respect shown for the most intimate part of their bodies, for their individuality, their privacy, their religious freedom, their sexuality, their equality with women and for the security of their persons.

Nobody should be surprised when these men show disrespect toward those who stand by the ones who did that to them.

The Task Force claims to be "unbiased", unlike its critics, but it has an inherent bias to which it is blind: it treats cutting a normal, healthy, functional, non-renewing part of a baby's (and hence a man's) genitals off as if it were equal and opposite to just leaving the baby's body alone - when in fact it is is medically and ethically a different kind of activity, with a different kind of consequences.

The Task Force ends its reply "It is our fervent hope that, through the combined efforts of well-intentioned, open-minded researchers, we will achieve greater understanding so as to better serve our young patients."

The Task Force's melifluous, unctious tone belies its subject-matter, cutting parts off babies' genitals - "patients" who have nothing the matter with them. People from cultures where this is not a norm will be baffled by the disconnect between the Task Force's words and its actions.

Monday, March 18, 2013

BERKELEY: AAP circumcision policy rebutted in Journal of Medical Ethics

the Journal of Medical Ethics
March, 2013

Lawyer and pediatrician dismantle the AAP policy


An article in the Journal of Medical Ethics comprehensively takes down the American Academy of Pediatrics' 2012 circumcision policy.

Written by Michigan State University Clinical Professor Robert Van Howe and Berkeley lawyer J Steven Svoboda, it focuses on the ethical issues rather than the medical issues that concern the European pediatricians whose rebuttal is released today.

“The AAP ignores so many important topics that it is hard to know where to begin," Svoboda says. "For example, the anatomy and function of the foreskin are not mentioned. The AAP’s circumcision recommendations contradict its own bioethics policy statement, which requires pediatric care to be based only on the needs of the patient. Non-therapeutic circumcision is incompatible with widely accepted ground rules for surgical intervention in minors.”

“When physicians decide whether to do a procedure, they must, and normally do, exclude from their medical decisions non-medical factors regarding the parents’ culture. Contrary to what the AAP suggests, doctors are not cultural brokers. Their duty is promoting and protecting the health of their patients, not following practices lacking a solid ethical and medical foundation.”

Van Howe and Svoboda accuse the AAP of cherry-picking articles that support circumcision, and of taking passages out of context from within articles that do not support it.

They conclude that male circumcision should be neither recommended to parents nor funded by government insurance systems.

A few months ago, the Royal Dutch Medical Association favorably cited an earlier version of Svoboda’s and Van Howe’s article, noting that even if benefits do exist, the procedure can safely be delayed until the boy himself can make the decision.
Out of step: fatal flaws in the latest AAP policy report on neonatal circumcision
by J Steven Svoboda, Attorneys for the Rights of the Child, Berkeley, California, USA
Robert S Van Howe, Department of Pediatrics and Human Development, Michigan State University College of Human Medicine, Marquette, Michigan
ABSTRACT
The American Academy of Pediatrics recently released a policy statement and technical report on circumcision, in both of which the organisation suggests that the health benefits conferred by the surgical removal of the foreskin in infancy definitively outweigh the risks and complications associated with the procedure. While these new documents do not positively recommend neonatal circumcision, they do paradoxically conclude that its purported benefits ‘justify access to this procedure for families who choose it,’ claiming that whenever and for whatever reason it is performed, it should be covered by government health insurance. The policy statement and technical report suffer from several troubling deficiencies, ultimately undermining their credibility. These deficiencies include the exclusion of important topics and discussions, an incomplete and apparently partisan excursion through the medical literature, improper analysis of the available information, poorly documented and often inaccurate presentation of relevant findings, and conclusions that are not supported by the evidence given.