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Encyclopedia > Circumcision and law
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History

Religious laws pertaining to circumcision are ancient. The Hebrew Bible commands the Jews to perform the operation on their male child's eighth day of life and also to circumcise their slaves (Genesis 17:11-12). See Brit milah (the Hebrew name for ritual circumcision). Seixas Family circumcision set and trunk, ca. ... 11th century manuscript of the Hebrew Bible with Targum This article is about the term Hebrew Bible. For the Hebrew Bible itself, see Tanakh (Jewish tradition) or Old Testament (Christian tradition). ... Set of implements used in the performance of brit milah, displayed in the Göttingen city museum Brit milah (Hebrew: בְרִית מִילָה [bərīt mīlā] literally: covenant [of] circumcision), also berit milah (Sephardi), bris milah (Ashkenazi pronunciation) or bris (Yiddish) is a religious ceremony within Judaism that welcomes infant Jewish...


Laws banning circumcision are also ancient. The ancient Greeks prized the foreskin and disapproved of the Jewish custom of circumcision.[3]


King Antiochus IV, of Syria, the occupying power of the Holy Land in 170 BC, decreed that circumcision was unlawful and punishable by death. According to the Historia Augusta, the Roman emperor Hadrian issued a decree banning circumcision in the empire,[4] triggering the Jewish Bar Kokhba revolt of 132 AD. The Roman historian Cassius Dio, however, made no mention of such a law, and blamed the Jewish uprising instead on Hadrian's decision to rebuild Jerusalem as Aelia Capitolina, a city dedicated to Jupiter. Coin of Antiochus IV. Reverse shows Apollo seated on an omphalos. ... It has been suggested that this article or section be merged with Holy Land (Biblical). ... Centuries: 3rd century BC - 2nd century BC - 1st century BC Decades: 220s BC 210s BC 200s BC 190s BC 180s BC - 170s BC - 160s BC 150s BC140s BC 130s BC 120s BC Years: 175 BC 174 BC 173 BC 172 BC 171 BC - 170 BC - 169 BC 168 BC 167... The Augustan History (Lat. ... Motto Senatus Populusque Romanus (SPQR) The Roman Empire at its greatest extent. ... Publius Aelius Traianus Hadrianus (January 24, 76 – July 10, 138), known as Hadrian in English was Roman emperor from 117 – 138, as well as a Stoic and Epicurean philosopher. ... Simon bar Kokhba was a Jewish military leader who led a revolt against the Romans in AD 132. ... Events The messianic, charismatic leader Simon bar Kokhba starts a war of liberation against the Romans, which is crushed by emperor Hadrian. ... Cassius Dio Cocceianus (ca. ... For other uses, see Jerusalem (disambiguation). ... Aelia Capitolina was a city built by the emperor Hadrian in the year 131, and occupied by a Roman colony, on the site of Syrian dominions. ... Jupiter et Thétis - by Jean Ingres, 1811. ...


Hadrian permitted Jews to circumcise their own sons, but forbade them from circumcising non-Jews. Genesis 17:12 commands that Jews must circumcise their slaves, so this law prohibited the circumcision of slaves, and also made it illegal for a man to convert to Judaism. [5] Antoninus Pius exempted the Egyptian priesthood from the otherwise universal ban on circumcision. Genesis (‎, Greek: Γένεσις, meaning birth, creation, cause, beginning, source or origin) is the first book of the Torah, the Tanakh, and the Old Testament. ...


Modern Law

England

Circumcision has traditionally been presumed to be legal under British law.[6] One 1999 case, Re "J" (child's religious upbringing and circumcision)[7] said that circumcision in Britain required the consent of all those with parental responsibility, or the permission of the court, acting for the best interests of the child, and issued an order prohibiting the circumcision of a male child of a non-practicing Muslim father and non-practicing Christian mother with custody. The reasoning included evidence that circumcision carried some medical risk; that the operation would be likely to weaken the relationship of the child with his mother, who strongly objected to circumcision without medical necessity; that the child may be subject to ridicule by his peers as the odd one out and that the operation might irreversibly reduce sexual pleasure, by permanently removing some sensory nerves, even though cosmetic foreskin restoration might be possible. The court did not rule out circumcision against the consent of one parent. It cited a hypothetical case of a Jewish mother and an agnostic father with a number of sons, all of whom, by agreement, had been circumcised as infants in accordance with Jewish laws; the parents then have another son who is born after they have separated; the mother wishes him to be circumcised like his brothers; the father refuses his agreement. In such a case, a decision in favor of circumcision was said to be likely. The passage of the Human Rights Act 1998 has led to some speculation that the lawfulness of the circumcision of male children is unclear.[8] Year 1999 (MCMXCIX) was a common year starting on Friday (link will display full 1999 Gregorian calendar). ... Medical necessity is generally considered that which is reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...


Fox and Thomson (2005) argue that consent cannot be given for non-therapeutic circumcision.[9] They say there is "no compelling legal authority for the common view that circumcision is lawful."


United States

In the United States, circumcision is not specifically unlawful. However some believe that the circumcision of a child violates general laws enacted for the protection of children. Doctors who circumcise children must take care that all applicable rules regarding informed consent are satisfied. If consent is invalid, then a circumcision is a battery. [10] MGM Bill is currently lobbying to extend the ban on female circumcision to males, arguing that banning female circumcision but allowing male circumcision violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. [11] Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ...


The North Dakota Supreme Court rejected a mother's attempt to prosecute her doctor for circumcising her child with her permission.[12]


In December 2004, Edwin B. Baxter was convicted of second degree child assault after he attempted to circumcise his son with a hunting knife. He was sentenced to serve three years in jail.[13]


As of July 2007, a divorced Oregon couple is in a legal dispute over circumcision. James H. Boldt, a convert to Judaism, wants his 12 year old son Misha to undergo the procedure; the child's mother, his ex-wife Lia Boldt opposes the procedure. James Boldt claim Misha is in favor of it while Lia Boldt claims Misha is too frightened of his father to refuse.[14]. Doctors Opposing Circumcision is campaigning in support of the mother's stance.[15] Richard Dawkins has commented on the case, calling the father's position "religiously inspired child abuse".[16] Clinton Richard Dawkins (born March 26, 1941) is a British ethologist, evolutionary biologist, and popular science writer who holds the Charles Simonyi Chair for the Public Understanding of Science at Oxford University. ...


Australia

A non-binding research paper of the Queensland Law Reform Commission (Circumcision of Male Infants) concluded that "On a strict interpretation of the assault provisions of the Queensland Criminal Code, routine circumcision of a male infant could be regarded as a criminal act", and that doctors who perform circumcision on male infants may be liable to civil claims by that child at a later date.[17] No prosecutions have occurred in Queensland, and circumcisions continue to be performed. Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Peter Beattie (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd)  - Product per capita  $40,170/person (6th) Population (End of November 2006)  - Population  4,164,590 (3rd)  - Density  2. ...


South Africa

The Children's Act 2007 makes the circumcision of male children under 16 unlawful except for religious or medical reasons. Eastern Cape Province passed a law (Application of Health Standards in Traditional Circumcision Act 2001) to regulate traditional circumcision, which causes the death or mutilation of many youths by traditonal surgeons each year. Among other provisions, the minimum age for circumcision is age 18. The Eastern Cape is a province of South Africa. ...


Israel

In Israel, an attempt to have circumcision ruled illegal was rejected by the Israeli Supreme Court.[18] The Supreme Court is at the head of the court system in the State of Israel. ...


Netherlands

Ayaan Hirsi Ali, when she was a Member of Parliament in the Netherlands, asked Parliament to consider making the circumcision of male children unlawful.[19] Ayaan Hirsi Ali ( ; Somali: ; born Ayaan Hirsi Magan 13 November 1969[2] in Mogadishu, Somalia) is a feminist and political writer, daughter of the Somali scholar, politician, and revolutionary opposition leader Hirsi Magan Isse. ...


Sweden

In Sweden, the circumcision of minors may only be performed under anaesthesia and, unless performed by a physician, must be performed within the first two months of life.[20] Anesthesia (AE), also anaesthesia (BE), is the process of blocking the perception of pain and other sensations. ... The Doctor by Luke Fildes This article is about the term physician, one type of doctor; for other uses of the word doctor see Doctor. ...


USSR

In the USSR, before glasnost, Jewish ritual circumcision was forbidden. [21]


Finland

In August 2006, a Finnish court ruled a four-year-old Muslim boy's circumcision to be an assault. The case will now go to the Court of Appeals.[22]


Germany

In October 2006, a Turkish national who performed ritual circumcision on seven boys was convicted of causing dangerous bodily harm by the state court in Düsseldorf.[23] The title of this article contains the character ü. Where it is unavailable or not desired, the name may be represented as Duesseldorf. ...


Egypt

In June 2007, Egypt finally banned all female circumcision, the widely-practised removal of the clitoris. Officially the practice, which affects both Muslim and Christian women in Egypt and goes back to the time of the pharoahs, was banned in 1997 but doctors were allowed to operate "in exceptional cases". Health Minister Hatem al-Gabali decided to ban every doctor and member of the medical profession, in public or private establishments, from carrying out a clitoridectomy. [1] Female genital cutting (FGC) refers to a number of procedures performed for cultural, rather than medical, reasons on the female genitalia. ... The clitoris (Greek ) is a sexual organ that is present in biologically female mammals. ... There is also a collection of Hadith called Sahih Muslim A Muslim (Arabic: مسلم, Persian: Mosalman or Mosalmon Urdu: مسلمان, Turkish: Müslüman, Albanian: Mysliman, Bosnian: Musliman) is an adherent of the religion of Islam. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Luther Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch of Constantinople Christianity Portal This box:      A Christian () is a person who... Pharaoh is a title used to refer to any ruler, usually male, of the Egyptian kingdom in the pre-Christian, pre-Islamic period. ... Year 1997 (MCMXCVII) was a common year starting on Wednesday (link will display full 1997 Gregorian calendar). ... Clitoridectomy is the surgical removal of the clitoris. ...


Forced circumcisions

There have been incidents of forced circumcisions [2]. In Africa, forced circumcisions have occurred in Kenya in 2002 [3] and 2006 [4] among the Bagishu people of Eastern Uganda (2007),[5] and the Xhosa of South Africa (2004).[6] Forced circumcisions also occurred in ethnic/religious conflicts in the Sudan (2003),[7] during the Armenian Genocide (1915-1918),[8] and also as part of forced religious conversions in both Pakistan (2004)[9] and Indonesia (2001).[10][11] There was a report of forced circumcisions during an anti-Greek pogrom in Turkey in 1955.[12] In a case of sexual assault in Queensland, Australia (1997), a district court awarded a man damages for nervous shock after a botched attempt to circumcise him with a broken beer bottle in a drunken attack. Making Australian legal history, the award was made against the assailant for unlawful wounding.[13] The Bagisu, alternately referred to as Gisu, Gishu, Masaba, or Sokwia (people of Bugisu) are a sub-group of the Bamasaaba people of Eastern Uganda, closely related to the Bukusu people of Kenya. ... The Xhosa (IPA ( )) people are speakers of Bantu languages living in south-east South Africa, and in the last two centuries throughout the southern and central-southern parts of the country. ... Sexual assault is any physical contact of a sexual nature without voluntary consent. ... Motto: Audax at Fidelis (Bold but Faithful) Other Australian states and territories Capital Brisbane Governor HE Ms Quentin Bryce Premier Peter Beattie (ALP) Area 1,852,642 km² (2st)  - Land 1,730,648 km²  - Water 121,994 km² (6. ...


References

  1. ^ [1]
  2. ^ Circumcised by force. Journal of Medical Ethics (18 July 2007).
  3. ^ Man Forcibly Circumcised As Crowd Watches. THE NATION, Nairobi, Kenya (23 August 2002).
  4. ^ Wanzala, Ouma (August 18, 2006). Man held over circumcision incident. Kenya Times. Retrieved on 2007-04-23. “Police in Busia have arrested one of the men said to have forcibly circumcised two men on Saturday in Nambale town.…He assured the members of the public who do not practice circumcision that no one will be allowed to harass them.
  5. ^ Ssendi, Peterson (March 23, 2007). Ugandan Ethnic Group Criticized for Forced Male Circumcision. Africa News & Features. Voice of America. Retrieved on 2007-04-23. “A man was yesterday forcibly circumcised by traditional surgeons in Mumias-Butere District as police watched helplessly.…District Commissioner Ernest Munyi expressed shock at the incident and told police to crack down on traditional surgeons involved in forcible circumcision.”
  6. ^ Peters, Melanie (July 04, 2004). Rastafarian circumcised against his will. South Africa. Sunday Tribune. Retrieved on 2007-04-23. “ 22-year-old Cape Town man was taken by force and circumcised against his will this week.…He is a Rastafarian convert and strongly opposes Xhosa initiation. The men who forcibly circumcised him also cut off his Rasta dreadlocks.
  7. ^ Michael Coren (25 November 2003). Sudan’s slaves. Frontpage, Toronto, Ontario.
  8. ^ The History Place™: Genocide in the 20th Century. The History Place (2000). “ “In many cases, young Armenian children were spared from deportation by local Turks who took them from their families. The children were coerced into denouncing Christianity and becoming Muslims.…For Armenian boys the forced conversion meant they each had to endure painful circumcision as required by Islamic custom.”
  9. ^ AsiaNews.it (5 October 2004). Christian minorities in Pakistan: little freedom and rising Islamic pressure. AsiaNews.it. Retrieved on 2007-03-18. “ he Justice and Peace Commission of Lahor has spoken out against cases of forced conversions: “Young non-Muslim men have been forced to convert and circumcised against their will,” reports Peter Jacob, Commission secretary.
  10. ^ Mr Oaten. Hansard, 25 April 2001. United Kingdom Parliament. “ “ The forced religious conversions are still taking place. There are appalling cases of the forced circumcision of children as young as six. ... All that, I am told, sometimes takes place with the Indonesian army watching and, on occasion, handing out medicine to those who have undergone forced circumcision..”
  11. ^ Lindsay Murdoch (27 January 2001). Terror attacks in the name of religion. Sydney Morning Herald. Retrieved on 2007-03-18.
  12. ^ George Gilson (24 June 2005). Destroying a minority: Turkey's attack on the Greeks. Athens News.
  13. ^ "Man sues for circumcision", (October 9, 1997) Daily Dispatch [2]

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External links

  • Proposed bills to ban male circumcision in the U.S.: MGMbill.org

  Results from FactBites:
 
Ritual Circumcision and Law (1218 words)
The hospital refused to permit Rabbi Zlotowitz to perform circumcisions at the hospital, despite the fact that Rabbi Zlotowitz and other members of the corporate plaintiff were requested by the parents of male children to circumcise their children.
Section 40 of the Civil Rights Law does not support this action because the plaintiffs have not been denied admission to the defendant's hospital on account of "race, creed or color." It is clear that the defendant does permit circumcision, in accordance with the Jewish faith to be performed on the premises.
The law demands that the equation be balanced; that the damaged plaintiff be able to point the finger of responsibility at a defendant owing not a general duty to society, but a specific duty to him.
  More results at FactBites »


 

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