Abstract
The legality of ritual circumcision of male infants is a subject not regularly discussed under European or international Human Rights Law, let alone national law. In Germany, this changed dramatically in 2012, when a regional court declared ritual circumcision of a male infant illegal, even if performed at the parents' request and according to current medical standards. After a fierce public discussion, the German parliament voted towards the end of the year in favour of a bill that explicitly permits male infant circumcision. The discussion on whether this new law is in line with European human rights law and international law is expected to continue. This paper takes no position on whether infant male circumcision should be legal and takes no position on the medical questions attached to the subject. It argues for the legality of infant male circumcision in Western democracies like Germany for historic reasons: Jewish emancipation in the 18 th and 19 th century throughout Europe meant an incorporation of Jewish laws and customs into the legal fabric of European countries. Taking into account the relatively wide acceptance of the practice of infant male circumcision in communities worldwide, the paper suggests that arguments from international human rights law make simple equations difficult to sustain. Gender and children's rights-based approaches may be utilized to develop a deeper sensibility for the issues related to circumcision, but must not obscure the fact that minority rights sometimes rightfully allow a minority to do things the majority does not understand.
Highlights
The circumcision of male infants is a ritual that is associated with a diversity of cultures, from Australian Aboriginal traditions to Judaism and Islam, and it has been known for centuries.1 In Judaism in particular, the practice has changed with the times and at the same time retained its significance.2 In the United States of America and South Korea, it remains a standard medical procedure
After a fierce public discussion, the German parliament voted towards the end of the year in favour of a bill that explicitly permits male infant circumcision
The discussion on whether this new law is in line with European human rights law and international law is expected to continue
Summary
The circumcision of male infants is a ritual that is associated with a diversity of cultures, from Australian Aboriginal traditions to Judaism and Islam, and it has been known for centuries. In Judaism in particular, the practice has changed with the times and at the same time retained its significance. In the United States of America and South Korea, it remains a standard medical procedure. I will describe this judgement and its context, both from a German criminal law perspective, and the wider European and international human rights law perspective. The judgement lead to a lively discussion in Germany and abroad during the summer of 2012, but international norms were rarely considered For this reason, I will begin this article by giving an overview of the international debate on the legality of (ritual) male circumcision under international human rights treaties. I will address the question of different rules that exist for male and female circumcision Against this background, I turn to describe the judgement itself and the law it lead to, a law recently passed by the German parliament explicitly allowing ritual male circumcision. I place the findings of the preceding sections into the wider context of contemporary Europe and European Human Rights Law
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