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German court ruling on circumcision riles Jewish community

JTA

June 27, 2012 | 10:54 am

Brit Milah

Brit Milah

Germany’s top Jewish leader called on the federal Parliament “to ensure religious freedom” following a Cologne court ruling that said circumcising young boys on religious grounds amounts to grievous bodily harm.

Though Monday’s decision by the District Court of Cologne does not outlaw circumcision, it is still “outrageous and insensitive,” Dieter Graumann, head of the Central Council of Jews in Germany, said in a statement issued Tuesday.

Ritual circumcision by a medical doctor or a mohel with “medical competency” is “an integral part of the Jewish faith that has been practiced around the world for millennium,” he added. “This right is respected in every country of the world.”

The court ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents.”

The decision involved the circumcision of a Muslim boy in Cologne. The parents took their 4-year-old to a hospital several days after his ritual circumcision in 2010 after they became concerned about bleeding from the incision.

According to reports, the bleeding was normal and quickly brought under control. However, local prosecutors filed suit against the doctor. A lower court ruled on behalf of religious freedom and the right of parents to decide.

On appeal, however, a higher court gave precedence to the right of the child to be protected from bodily harm and that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents.”

The doctor was acquitted on all charges, but the ruling suggests that those performing circumcisions in the future could be committing a criminal offense, since the court holds the right of the child sacrosanct.

Berlin attorney Nathan Gelbart worries about the notion that “the parents have to accept that only the child can decide about his religion when he grows up, and that circumcision is a pre-decision” being forced on the child.

Other courts are not restricted by the decision of the Cologne court, one of 55 district courts. The ruling could be appealed to a higher court, and is not binding unless there is a decision by the High Court of Justice or High Constitutional Court.

Meanwhile, Holm Putzke, a professor of criminal law at the University of Passau who has argued for several years for a ban on involuntary circumcision, told JTA that he hoped the ruling would spark discussion in Germany about “what should be given more weight, religious freedom or the right of children not to have their genitals mutilated.”

In late 1999, Germany’s top court ruled in favor of religious freedom, protecting the right to Islamic ritual slaughter and, by association, kosher slaughter. The ruling came after an Islamic butcher challenged a 1995 German law banning the slaughter of animals without stunning them first, which is against the laws of kosher and halal.

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