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Summary: Religious groups have criticised the ruling, saying that it violates their religious rights. But the Cologne state court reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights.
[26 June 2012] - A German court ruled Tuesday that circumcising young boys based on religious traditions is prohibited even if the parents consent to the procedure. The Cologne state court addressed the issue of whether to criminalise the circumcision of Muslim and Jewish children and reasoned that a child's right to physical integrity is above the freedom of religion and parents' rights. The case involved a doctor who carried out a circumcision on a four-year-old Muslim boy on his parents' request. The operation had some complications and after the state's prosecution was notified of the incident, it brought a lawsuit against the doctor. The court, however, dismissed the claim against the doctor reasoning that he was not aware of the procedure's illegality at the time of circumcision. The court's judgment was criticised by religious groups stating that it is infringing upon the right to freedom of religion. Circumcision remains controversial throughout the world. In October California Governor Jerry Brown signed into law a bill that will prevent local governments from banning male circumcision. The law was written in response to a ballot measure proposed in San Francisco that would have made male circumcision illegal if the recipient was under the age of 18, with perpetrators penalised by a fine of $1,000 or imprisonment. Further Information:
pdf: http://jurist.org/paperchase/2012/06/germany-court-criminalizes-circumci...