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[Legal aspects of ritual circumcision].

Klin Padiatr. 2009 Dec;221(7):409-14. doi: 10.1055/s-0029-1233494.

[Legal aspects of ritual circumcision]. [Article in German]

Schreiber M, Schott GE, Rascher W, Bender AW.

Abteilung für Kinderurologie, Urologische Klinik, Friedrich-Alexander Universität Erlangen-Nürnberg, Erlangen. ms.schreiber@yahoo.de

ABSTRACT

Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out – be it for medical or ritual reasons – without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.

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[Medical and legal aspects of genital mutilation and circumcision part I: female genital mutilation (FGM)].

Arch Kriminol. 2011 Jan-Feb;227(1-2):1-22.

[Medical and legal aspects of genital mutilation and circumcision part I: female genital mutilation (FGM)].

[Article in German]

Dettmeyer R, Laux J, Friedl H, Zedler B, Bratzke H, Parzeller M.

Aus dem Institut für Rechtsmedizin der Universität Giessen.

Female genital mutilation (FGM) is considered to be against the law and against morality not only in Western countries, although a woman of age and able to consent may sometimes think differently. The procedure may have serious physical and emotional consequences for the girl or woman. Nevertheless there are attempts to justify the procedure with medical and hygienic pseudoarguments, ideology, freedom of religion, cultural identity and social adequacy. Outside the Western world, some people claim that religion and culture alone justify the practice. In Germany, parents can lose the right to determine the residence of their daughter, if she is faced with the risk of genital mutilation in order to prevent that the  child or girl is taken to her home country. Genital mutilation as a gender-specific threat is recognized as a reason to grant asylum or prevent deportation. Proposals to make genital mutilation a separate punishable offence are presently discussed by the legislator.

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Female genital mutilation: whose problem, whose solution? Psychological damage is immense.

BMJ. 2006 Jul 29;333(7561):260.

Female genital mutilation: whose problem, whose solution? Psychological damage is immense.

Menage J.

Comment on BMJ. 2006 Jul 15;333(7559):106-7.

Editor—Conroy’s concerns about cosmetic surgery in the West are understandable, but he seems to have missed the fundamental differences between it and the genital mutilation of children. When a child is mutilated by adults the procedure constitutes a sexual assault in that the child does not understand what is happening, has no control over it, and does not consent to it. On the other hand, if adults choose, however misguidedly, to reconstruct their genitalia it is with knowledge and agreement. The effect on the psyche of the two processes is quite different….

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Irreversible error: the power and prejudice of female genital mutilation.

J Contemp Health Law Policy. 1996 Spring;12(2):325-53.

Irreversible error: the power and prejudice of female genital mutilation.

Annas CL.

Catholic University of America, Columbus School of Law, USA.

There is no abstract available for this article.

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