Legislation on Circumcision of Infants and Children: Between Medical Norm, Religious Freedom, and Children's Rights
The issue of legislative ban on circumcision of minors for non-medical reasons is one of the most acute at the intersection of bioethics, the right to religious practice, and the child's bodily autonomy. At the global level, there is currently no complete legislative ban on circumcision of infants and children in any country in the world. However, there are various forms of legal regulation, restrictions, as well as active public debates and parliamentary initiatives aimed at prohibiting or strictly limiting this practice, especially in Northern Europe and in some secular states. Addressing this issue requires an analysis of several levels of regulation.
1. Level of Complete Ban: Lack of Precedents and Reasons
A direct legislative ban on ritual circumcision of boys, similar to the ban on female circumcision (mutilating operations on female genital organs), has not been adopted anywhere. The main reasons:
Strong lobbying by religious communities (Jewish and Muslim), for whom circumcision (brit milah, hittan) is a cornerstone of identity and an obligatory religious commandment. Any bill to ban it immediately faces accusations of violating freedom of religion and antisemitism/islamophobia.
Medical associations in most countries (including the United States, countries of the British Commonwealth) take a neutral or conditionally approving stance on male circumcision, recognizing some potential medical benefits (reduction of the risk of urinary tract infections in infants, some STIs, including HIV, in adulthood), although not considering it medically necessary. This distinguishes it from female circumcision, which has no medical justification and is unambiguously recognized as harmful.
Legal tradition: In many countries (Germany, the United States, Israel), circumcision is directly or indirectly protected by laws on freedom of religion and considered a legal ...
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