The Circumcision Debate from a German Constitutional Perspective.

Autor: Germann, Michael, Wackernagel, Clemens
Předmět:
Zdroj: Oxford Journal of Law & Religion; Oct2015, Vol. 4 Issue 3, p442-468, 27p
Abstrakt: The article seeks to demonstrate that the issue of ritual circumcision according to, above all, Jewish religious norms does not lead to a conflict between the religiously indifferent 'Rechtsstaat' and basic rights. The constitutional commitments embodied in the German constitution ('Basic Law') call for a regulated legality of circumcision, ie a legality of the practice under certain conditions such as the use of an appropriate anaesthetic in a lege artis procedure and the absence of a veto on the part of the boy. Accordingly, the German Bundestag's approach to regulate circumcision is not the result of mere 'political necessity' and is certainly not at odds with the constitutional commitments of the Basic Law. Rather, it is a realization of what the liberal secular character of the Basic Law requires. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index