Circumcision lies at the crossroads of religion, custom, human rights, health, commerce, harm, and ethics. From high-profile court battles overseas to its recent inclusion on Channel Ten’s provocative Can of Worms, it’s clear that its regulation is a most divisive issue.
Male circumcision has many features attracting regulation and controversy. It’s invasive, involving blood loss, pain and the removal of genital tissue. It has an inherent risk of harmful complications and is performed in a variety of circumstances by medical professionals, trained ritual circumcisers, and laypersons alike.
Circumcisers usually profit from performing circumcision and often perform it on people too young to express an opinion on whether it’s in their interests. Individuals are also liable to request circumcision on the basis of insufficient, inaccurate or inadequately contextualised information.
Grave complexities
People can and do disagree about the merits of circumcising. Indeed, the circumcision debate is characterised by conflicts between claims that are equally absolute, and ends that are equally ultimate.
Legislatures and courts can’t frame the law to please both circumcision abolitionists and Orthodox Jewish Mohels. And they can’t promote every culturally significant way of circumcising while trying to maximise the health standards of every circumciser. This puts law reform bodies in an unenviable position.
Although it has the kind of features that give rise to the disputes brought before courts every day, circumcision has until recently avoided close legal scrutiny in Australia. There is no Circumcision Act. There has not been a significant test case. In many instances, it’s not clear how criminal and private law regulate circumcision.
Even the basic requirements of lawful authorisation to perform circumcision are uncertain. The shadow cast by the law’s uncertainty provides cover for questionable acts, and ominously follows those acting commendably. This uncertainty in the law provides ample impetus for reform.
A way forward
An attempt at reform has been made by the Tasmanian Law Reform Institute, which recently released a report titled Non-Therapeutic Male Circumcision. The report recommends reforming the legal framework governing circumcision in Tasmania, and provides the most comprehensive formal law reform analysis of circumcision ever undertaken.
The Institute outlined its approach to reform in the report to encourage critical consideration of its recommendations; it adopted a pluralistic path deeply concerned with legal, political, and evidential reality.
It recommended Tasmania provide a clear legislative basis for the legality of circumcision in some circumstances. But it didn’t consider each of the many rationales for circumcision to be equally deserving.
It recommended reform to allow adults and older minors the freedom to determine both their own circumcision status and the circumstances of the performance of their circumcision.
Due to the significant and entrenched acceptance of religious and ethnic circumcision globally, and the ardent support of its proponents, the Institute recommended reform to accommodate circumcision performed on young boys for established religious and ethnic circumcising reasons.
Because it assessed the secular social rationales for circumcising (such as improved appearance, family tradition and familiarity) as rightfully controversial, weakly established, and tenuously linked to the child’s interests, the Institute recommended the prohibition of circumcision performed on young children for the sake of secular social reasons.
Weighing the benefit of its putative prophylactic health effect (offering potential benefits of no real significance to the vast majority of Australian males) against the harm of potentially significant costs (and the possibility of other costs with potential consequences ranging from negligible to truly dire), the Institute recommended the prohibition of circumcision performed on young children for preventative health reasons.
Further reform
The Institute made several supporting recommendations to:
• protect the interests of children by requiring court authorisation when parents cannot agree about the merits of circumcising their child;
• improve access to justice for those harmed by circumcision as a child by improving their access as an adult to legal remedies;
• ensure no minor be put at an unnecessarily high risk of suffering from a circumcision by enacting clear minimum health standards for all circumcisers; and
• improve decision-making by requiring clear standards in regard to the quality of information about circumcision provided to the community.
Those who perform or instigate a circumcision do so without knowing the full extent of their exposure to civil and criminal liability. By reforming the law, Tasmania may spare itself the pain of hosting the kind of legal battles making headlines in Europe.
Ian Donald Lowe
Seeker of Truth
Yes we need more laws to control us. Please make more laws to control our lives and save us from having to make decisions for ourselves. We don't have enough laws yet, we need many more before we can sleep comfortably, knowing Big Brother is watching over us.
[Satire - 1. The use of irony, sarcasm, ridicule, or the like, in exposing, denouncing, or deriding vice, folly, etc. 2. A literary composition, in verse or prose, in which human folly and vice are held up to scorn, derision, or ridicule. 3. A literary genre comprising such compositions.]
John Coochey
Mr
The issue is not laws restricting what you choose to do to yourself it is about restricting you from sexually mutilating (male ) children.
Ian Donald Lowe
Seeker of Truth
You are right, the laws are not about restricting my rights but they ARE about restricting the rights of parents to make informed decisions in regard to their children and placing more control over children in the hands of the state, usurping the parental authority and destroying the family unit.
John Coochey
Mr
I fail to see how Lowe's comments answer my point.
Peter Brown
logged in via email @gmail.com
Hello Ian and all,
The site referenced by Mr Marshall's hyper-link "When parents cannot agree" is mine.
Trust me, I am a staunch libertarian. If a consenting adult, including your good self, wants to cut some or all of their penis off with scalpel or a rusty pair of scissors, I have no issue.
My issue is parent(s) having the ability to enforce their non-medically indicated wishes on their little boys. Their little boys are in their CUSTODY; not in their possession to hack bits off if and…
Read moreIan Donald Lowe
Seeker of Truth
For starters, call me Ian or Mr. Lowe please. I prefer Ian.
One man's sexual mutilation is another man's penis and as a circumcised male I don't consider myself to be mutilated in any way, shape or form. This used to be a common medical proceedure which is best performed at a very young age to minimise complications. (I could go into the why but it's probably not the right place for that.) Personally, I have no desire to do anything to any child's genitalia, so you can take that insinuation and place it in the usual place. (Be rude to me and expect the same back, Coochey.)
Ian Donald Lowe
Seeker of Truth
Sorry Peter but I am at my limit when it comes to the nanny state. I would do nothing to hurt any child but I have to respect the rights of parents who have the power of consent for their under-age children. Take that away and the child is now supposed to make decisions based upon what? Nope. Sorry, I just cannot agree with this proposal.
If I can ease your concerns in any way, you will just have to trust me that your son will remember nothing and if the circumcision went well, his penis will be perfectly functional in the future.
Peter Brown
logged in via email @gmail.com
Ian, I'm not going to make this a drawn out to and fro between us. I've written to so many people who could change things that I see little value in tirelessly trying to persuade someone who can do nothing.
When you talk about "rights of parents" I assume that was a typo. Remember, my son was circumcised without my consent, so please use the term parent(s) as the law provides.
The nanny state is about many things but don't argue that the state has no business in protecting the rights of children…
Read moreDale Bloom
Laboratory Analyst
How does preventing circumcision destroy the family unit? Do other laws destroy family units?
Hugh Intactive
logged in via Facebook
Actually it was only ever a pseudo-medical procedure when done to healthy children. Tonsillectomy used to be done with as little excuse, but they gave that up 60 years ago. (In fact they used to do both together to save anaesthetic, calling the combo a C&T - cute, eh? - and many a little boy with a sore throat came out of the gas wondering why he now had a sore willy as well.)
Doing it early does not "minimise complications". Any tiny mistake is magnified when the boy grows up, like writing on…
Read moreHugh Intactive
logged in via Facebook
"Take that away and the child is now supposed to make decisions based upon what?" There is no need for any decision to cut a normal, healthy, functional, non-renewable part of anybody. Apply your argument to the child's earlobe and see how far it gets.
Ian Donald Lowe
Seeker of Truth
I can see that your situation was a bad one Peter and I feel sorry for you being locked out of the decision making process. That part of the law needs to be looked at for sure as I believe both parents should have an equal standing in the eyes of the law and such decisions should always be mutual.
I hope your bad feelings don't get in the way of your relationship with your son. He still loves you and needs your love without it being tainted by feelings regarding what was done to him. If he is still young, he won't understand those feelings but children tend to intuit these emotions even when they aren't expressed.
Chris O'Neill
Telecommunications Engineer
"Tonsillectomy used to be done with as little excuse, but they gave that up 60 years ago."
I'm younger than 60 but you know what they say about Queensland.
Rajan Venkataraman
Citizen
I don't get it: since when should "entrenched acceptance" and "ardent support" for something (paragraph 12) justify explicit legal cover for performing a procedure on a non-consenting subject that is "invasive, involving blood loss, pain and the removal of genital tissue" and that "has an inherent risk of harmful complications" (paragraph 12) when that procedure offers "no real" health benefit (paragraph 14)? Legal reformers in the past have ben braver than the authors of this report in speaking up for the rights of weak members of society against the entrenched views of those who exercise power over them.
Sean Lamb
Science Denier
"weak members" is not perhaps the best chosen expression in this context.
Actually there are real health benefits to circumcision in some contexts, but that doesn't answer the ethical question of whether parents have the right to unilaterally impose these benefits on their offspring.
Rajan Venkataraman
Citizen
Good point Sean :-)
Hugh Intactive
logged in via Facebook
And you shouldn't meddle with a good point, it just makes it dull.
Sue Ieraci
Public hospital clinician
The complexity of ethics aside, one of the complications for potential regulation is this:
The two major religions that require circumcision in its male followers have different approaches to who should perform it.
In orthodox Judaism, ritual circumcision is performed by a religious official - the mohel. it is done with traditional tools and methods. In this context, it is not a "medical" procedure.
In Islam, (as I understand it) there is less of a ritual in circumcision practice. At least…
Read moreJames Walker
logged in via Facebook
Simple - they'd turn around and get the High Court to strike down any legislation preventing circumcision.
Under Article 14 of the Convention on the Rights of the Child (which OZ is a signatory to), every child has the right to be brought up in their parent's religion. Circumcision is a necessary part of Judaism (possibly also Islam?) so any attempt to prevent it violates that right.
So ultimately, it doesn't matter what we think, the status quo will either remain - or be further entrenched.
Hugh Intactive
logged in via Facebook
The Convention also says everyone may change their religion (something Islam forbids and Judaism once did). Cutting the mark of one religion into someone's body can certainly be argued to infringe that right.
Kester Takayama
logged in via Facebook
Part three of article 14 of the Convention on the Rights of the Child says this:
"3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others."
]
Robert Darby
Independent medical historian
One of the many problem with circumcision is that everybody has an opinion on the subject, but very few have any knowledge or understanding. Here we have the most detailed, comprehensive and objective study of circumcision in the Australian context, and you would think that people might read and digest it before making wild statements from the depths of their prejudices. Another problem is that the word circumcision is misleading, because the term can cover a variety of contexts and situations, some…
Read moreChris Booker
Research scientist
"Contrary to the assumption of some comments, parents do not have an unfettered right to do what they like to their children; on the contrary, they have a duty to act always in the best interests of their children and to preserve their future options"
Exactly, this is also a fundamental point in the UN convention on the rights of the child:
http://www.unicef.org/crc/index_30177.html
Dianna Arthur
Dianna Arthur is a Friend of The Conversation.
Environmentalist
"To suggest that legal regulation of non-therapeutic circumcision is an instance of the nanny state is off the track."
Excellent point.
I have really appreciated the various articles that have been presented here at TC regarding circumcision for boys and girls.
And wish I had read them a couple of years ago. A friend of mine gave birth to a healthy little boy and the father wanted him to be circumcised "just like his old man". She asked me for an opinion and I really did not know enough to give her my thoughts - except for the commonsense one that if her son appeared healthy there was no reason for circumcision. Her partner's wishes were met and her little boy was circumcised.
Marc Roberts
None
I am strongly opposed to the proposal that you and the TLRI have put forward Warwick. I think that alleged medical/health ‘reasons’ are the only ones that should possibly carry any legal weight. Allowing religious or ‘cultural’ exemptions is contrary to the ‘rule of law’ and is also impossible to quantify and to police. This approach basically gives a ‘green light’ for infant circumcision to any parent who claims that their own belief system justifies such a decision. If I claim that I have converted…
Read moreHugh Intactive
logged in via Facebook
Another problem with a religious exemption would be to define a religion. Pastafarianism (the Church of the Flying Spaghetti Monster)? Jedi? Scientology? Unification ("Moonies")? Mormons? The guy in Vancouver who said God told him to do it, with a boxcutter?
Tom Hennessy
Retired
We have the same people , doctors , recommending adults in Africa have circumcisions to reduce disease risk , but they are going to deny it to the kids BECAUSE of religion ?
A Jewish person wants a circumcision is going to be disallowed simply because it is their religion?
Sounds like the atheists are at it again in medicine.
Who says the Jewish circumcision isn't based on ageold medical knowledge which just so happens to PREDATE the Jewish religion completely ?
Seeing now those with HIV , hepatitis and the like are allowed to practice medicine , is my kid going to catch something from a disease ridden medical professional during a checkup ?
I'm sure they'd allow the circumcision if one were to tell them that you are afraid some disease ridden medical professional is going to spread their disease to your kid through his annual checkup IF you DON'T have him circumcised.
Hugh Intactive
logged in via Facebook
No, they are going to deny adults the right to do it to the kids (to the boys now as to the girls already) because they are the kids' parts (and the parts of the adults they will grow up to be) and not the adults'.
The key issue is that the "Jewish [or Muslim, or Filipino or South Korean or USAmerican or aboriginal or eastern Polynesian or just whimsical] person wants a circumcision" for SOMEONE ELSE.
Richard Scalper
logged in via Facebook
They brand men like a herd of cows. American men are such wimps to let their sons be subjected to this
absurd surgery. If it were women tied down & cut, the Feminists would be howling all over the world.
The male genitals are a cheap commodity. There is no argument too absurd for the circumcisers. They
insult the appearance of the intact penis, claim that circumcision heals everything from body warts to
HIV, and draw an illogical distinction between female & male genitals. Circumcision is the mark of a
slave, not a free man.
Top Ten Tortures Less Painful Than Circumcision
10. Get waterboarded.
9. Pull out your fingernails.
8. Eat a pile of steaming bear crap.
7. Skin yourself alive.
6. Fall into a vat of molten iron.
5. Get run over by a train.
4. Go through a sausage grinder.
3. Saw off your legs.
2. Poke out your eyes.
1. Go To Hell
~Dick-Scalper.
Hugh Intactive
logged in via Facebook
"Circumcision lies at the crossroads of religion, custom, human rights, health, commerce, harm, and ethics."
And sex.
Hugh Intactive
logged in via Facebook
I'm curious: why would two people vote that down? Does anyone think circumcision has NOTHING to do with sex?
Chris Booker
Research scientist
For what it's worth I think this report is a step in the right direction. I would argue that every child has a right to retain their genitals intact, whether or not their parents want to allow that. But this issue aside...
At least at last there is a thorough legal report on this practice - it's certainly better than the de facto status of 'implied legality' since everyone's allowed to do it and no one faces court when they do. Although I'd argue the recommendations don't go far enough, cultural…
Read moreMichael Glass
Teacher
Here are some proposals that could help minimise some circumcision abuses:
1 Forced circumcision, such as what happened to Irwin Brookdale in Queensland http://www.cirp.org/news/1997.10.08_Australia/ should not just be treated as unlawful wounding but as a sexual assault. Those who commit such crimes should be branded as sex offenders.
2 People who circumcise must have proper medical qualifications. This should apply to both medical and ritual circumcisions. If someone circumcises another without…
Read moreFirozali A.Mulla
PhD
The USA people never give up and will battle till death for our country and our constitution. It is a well-known fact that America does not have a president who shares that belief, based on his lack of response. If Mitt Romney is elected, he could easily decide to use an EMP weapon over the capital of every Muslim country in the mid east and north Africa. The rag-heads would be weaving carpets and riding camels. Oil production would completely stop. All things dependent on electronics and electricity…
Read moreIan Ian
Academic
Circumcision is a barbaric practice. Any doctor doing it should be struck off and charged with GBH. It is worse than pedophilia. A pedophile who fiddles with an infants genitals is terrible, but there is no physical scar left as with circumcision.
Circumcision is only in the bible because some Israelite had a preference for it and dressed it up as the mark of God. Why would God demand such a thing - he could have created us without a foreskin in the first place?
Just as it is seen as the mark…
Read more