Jewish, Muslim leaders blast German court's decision to outlaw circumcision
District court in Cologne says practice constitutes physical harm against newborns after Muslim doctor botches circumcision of four-year-old.
A
German court has sparked outrage among both Jewish and Muslim communities in
the country after it ruled that circumcision was illegal.
The
controversy began after a district court in Cologne deemed the practice illegal,
constitutes physical harm against newborn babies and is defined as
"irreversible damage against the body." The court further stated that
freedom of religion and the rights of the parents of the circumcised cannot
justify the practice itself.
The
ruling was passed after a botched circumcision by a Muslim doctor on a
four-year-old boy in Cologne.
The boy was rushed to the emergency room after he bled for two straight days.
Upon hearing of the incident, German authorities decided to sue the doctor.
After
lower court rejected suit on the grounds that the circumcision took place with
parental consent and was based on a "traditional ritual belonging to the
Muslim community," the authorities appealed the ruling to the district
court. The latter ruled that doctors could only perform circumcisions for
health-related reasons. The district court justified the ruling by stating that
it was for the "good of the child who would be able to decide for himself
which religious community he or she would belong to."
The
doctor was acquitted, as he acted out of innocence and due to the fact that the
legality of the act was unclear.
The
Hamburg-based Financial Times Deutschland, which revealed the controversial
ruling, stated that thousands of children are circumcised in Germany, and
until now, the concept of circumcision was somewhat of a legal "gray
area", as no court had ever convicted anyone for carrying it out.
"This
ruling has enormous significance for doctors," said Professor Holm Putzke,
an expert on law from Passau University in Germany. "For years there has
been a call to ban circumcision for religious reasons. The court, as opposed to
many politicians, was not afraid of criticism that its ruling was anti-Semitic
or harmful to religion."
Putzke
further stated that the decision "may not only influence future rulings,
but also brings about a change in the worldview of religious people regarding
basic rights of children."
On
the other hand, Rabbi Aryeh Goldberg of the Brussels-based Rabbinical Center
of Europe harshly criticized the ruling, saying that it "is fatal to
freedom of religion, contravenes the EU's Convention on Human Rights, to which Germany
is subservient and harms the basic freedom of religion enshrined in the German
constitution."
Menachem
Margolin, Director of the Rabbinical Center of Europe called the ruling a "brutal
attack on freedom of religion," adding that a "public relations
campaign in cooperation with the Muslim community will do away with
misunderstandings and will prevent both conscious and unconscious harm to
freedom of religion in Europe."
The
practical and legal significance of the ruling is unclear at this point, and no
details were revealed about the future of the legal battle.
BLOGGER COMMENT
What about the botching of operations other than circumcision where parents' consent has been taken....Are they going to be banned, too, or this is just a political game as a part of attack on religions everywhere like the attack on mosque minarets???!!
I did work in old folks homes, and I happened to find penises of circumcised males cleaner than uncircumcised ones where you have to push back the foreskin and clean underneath it.
I did work in old folks homes, and I happened to find penises of circumcised males cleaner than uncircumcised ones where you have to push back the foreskin and clean underneath it.


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