German verdict to delay circumcision, not ban it, jurist says (REUTERS) By Tom Heneghan, Religion Editor PARIS, FRANCE 06/29/12 10:36am EDT)
Source: http://www.reuters.com/article/2012/06/29/us-germany-circumcision-jurist-idUSBRE85S0XE20120629
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(Reuters) - A widely criticized German court verdict on religious
circumcision this week aims only to delay the act, not ban it, and is
not directed against any faith, a jurist with a leading role in the
legal debate said on Friday.
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 Putzke has published in recent years, a court in the
western city of Cologne ruled on Tuesday that the circumcision there
of a Muslim boy who suffered post-operative bleeding had violated a
German law against causing bodily harm.
Jewish, Muslim, Catholic and Protestant leaders in Germany denounced
the ruling as a serious intrusion on religious freedom. Even
Germany´s 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 by telephone.
"Nobody wants to ban religious circumcision in Islam and Judaism, not
at all," he said. "It should just be decided by those who undergo it."
Some German media initially reported the verdict applied only to
Jews, which may have added to the emotion of some first reactions, he
said. Suggesting opposition to circumcision was aimed against Jews
was dishonest, he said.
Germany is home to about 4 million Muslims and 120,000 Jews.
Jews circumcise male infants eight days after birth to recall their
covenant with God. The time for Muslim circumcision varies according
to family, region and country.
The Cologne 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.
LIVELY DEBATE AMONG DOCTORS
Putzke said an article he published five years ago in a German
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 Cologne 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 was not clear if other courts would follow
this example. He did not 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.
Putzke expressed surprise that many people had written to him after
the court verdict was announced to support his view.
"I´ve received thousands of emails in the past few days, from all
over the world," he said. "The most remarkable thing is that the
emails from Israel were the most balanced and moderate."
(Reporting By Tom Heneghan; Editing by Jon Boyle) (© Thomson Reuters
2012. 06/29/12)
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