Decision on circumcision/Urteil zu Beschneidung

As has been widely reported in Germany and abroad, in May Cologne Regional Court (Landgericht - a court sitting with one professional judge and two lay judges) decided that circumcising a child unable to give consent, for religious reasons, with no medical indication, constitutes bodily harm and is therefore a criminal offence. In the case in question, a doctor had been prosecuted because it appeared he had caused unnecessary bleeding, but his medical skilled was found to be perfectly OK. The court, on appeal, held that he would have committed bodily harm but he was unable to know that what he was doing was unlawful - he was subject to a mistake as to the law (Verbotsirrtum). But of course doctors can't claim not to know the law in future after the publicity this case has had. On weighing the interests of the parents in the religious upbringing of their child against the child's interest in physical integrity, the court found that the circumcision was unconstitutional ...Zum vollständigen Artikel

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