PROTES.....Anti-circumcision
protesters march in San Francisco.
A WIDELY criticised German
court verdict on religious circumcision aims only to delay the act, not ban it,
and is not directed against any faith, said a jurist with a leading role in the
legal debate.
The operation does serious
bodily harm and only males old enough to consent to it freely should undergo
it, said Holm Putzke, law professor at Passau University in southern Germany.
Using arguments he had published in recent years, a court in the western city
of Cologne ruled that the circumcision of a boy who suffered post-operative
bleeding had violated a law against causing bodily harm.
Religious leaders denounced
the ruling as a serious intrusion on their freedom. Even the foreign minister
spoke out, saying such faith traditions must be allowed in a tolerant modern
society.
"I can understand that
this verdict has irritated people around the world, but this irritation can be
resolved if people look at the reasons for it," Putzke told Reuters.
"Nobody wants to ban religious circumcision, not at all," he said.
"It should just be decided by those who undergo it."
Suggesting opposition to
circumcision was aimed against any religion was dishonest, he said. The time
for religious circumcision varies according to family, region and country.
The court ruling said the
four-year-old boy in the case was not old enough to consent to have part of his
body removed permanently and his parents should have let him decide when he got
older. It gave no minimum age for this.
Putzke said an article he
published five years ago in a medical journal led to lively debates among
doctors, especially those called on to perform circumcisions. "It quickly
became clear that a large majority of doctors in clinics objected to medically
unnecessary circumcisions," he said. "They said they went against the
Hippocratic Oath."
The doctor who treated the
boy for post-operative bleeding reported the case to the police, leading them
to bring charges against the person who performed the faulty circumcision. The
judge consulted academic articles in legal and medical journals before making
his decision, Putzke said.
"This is not simply a
verdict from some misguided court," he added. "Somebody sat down and
thought long and hard about the fundamental legal rights involved."
The verdict, which is valid
only in the Cologne area, could "send a signal" he said, but it
wasn't clear if other courts would follow this example. He didn't know of any
similar cases before other courts in Germany.
Putzke said he began
studying the issue of circumcision and children's rights after his law
professor pointed out to him and other students that violence against children
was widely condemned in all cases but these. "Even the Muslim students
were surprised by this," he said.
He hoped religious
communities would be open to debating the issue and not refuse to consider any
change to their traditions. (Reuters)
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