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Developments in bioethics and law Circumcision in Australia Policy statements of medical authorities Circumcision and public health An anomaly in law and ethics: It seems to me that circumcision of girls is fundamentally wrong.
If it is a breach of human rights, then, since boys are human, it would follow that circumcision of boys is a breach of human rights too. That would appear to be the case. Yet many authorities on medical ethics and human rights make no mention of boys when discussing genital mutilation or even argue that the bioethical or human rights principles applying to girls do not apply to boys.
If circumcision of girls is a violation of their human rights but circumcision of boys is not, there are two logical implications: Neither of those propositions seem reasonable or logical, so there must be a further possibility. That the ethical and human rights authorities are mistaken when they assert or imply by silence that the arguments against circumcision of girls do not apply to boys.
His own good, either physical or moral, is not a sufficient warrant. The only part of the conduct of any one, for which he is amenable to society, is that which concerns others.
In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign. The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.
Each is the proper guardian of his own health, whether bodily, or mental and spiritual. Every person has inherent dignity and value. Human rights help us to recognise and respect that fundamental worth in ourselves and in each other.
Human rights are important. They recognise our freedom to make choices about our life and develop our potential as human beings.
They ensure that we can live free from fear, harassment or discrimination. A society that commits to human rights, commits to ensuring that everyone is treated with dignity and respect.
It would be hard to imagine a more gross violation of personal dignity than to restrain and forcibly subject a male infant or boy to surgery that excises a significant part of his penis.
Any such procedure carried out on minors is necessarily performed without consent. It is not treating them with dignity and respect.
Human rights protect individuals The key points about human rights are that they pertain to individuals, not to groups or collectivities, and that their purpose is to protect the dignity of the individual and the integrity of his or her body and personhood.
This no Body but himself has any Right to but himself. The Labour of his Body, and the work of his Hands, we may say, are properly his. In the relations between children and adults, it is the children who are powerless and the adults who hold the power, and it follows that the children are the party in need of the rights.
It makes no sense to say that parents have the right to circumcise their children because parents already have vast power over them and can, in practice, do anything they like to them. Law, custom and in recent times human rights instruments attempt to even up this disparity in power by setting limits on what parents may do to their children.
Several of these instruments make direct or implied reference to circumcision. Relevant human rights instruments Universal Declaration of Human Rights Composed in the shadow of the Second World War, this has nothing direct or indirect to say about genital or other bodily mutilations, but it is interesting to recall that the initial seed idea for a declaration of rights emerged from attempts by H.
Wells to formulate some war aims inand that his first draft included a prohibition on bodily mutilation. The draft was included in a letter to the Times, Article 9 of which included the following words: Article 19 1 States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent slegal guardian s or any other person who has the care of the child.
Article 24 3 States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
Queensland Law Reform Commission It is hard to know what Article 24 3 could refer to unless it was genital mutilation of children, and it has generally been interpreted as having this intent.Last day of term.
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