International Law: Analysis of Circumcision Regulations and Practices

This report delves into the international legal aspects of circumcision, analyzing the laws and practices of the United States, Sweden, and South Africa. It examines the application of the Convention on the Rights of the Child (CROC) and the International Covenant on Civil and Political Rights (ICCPR) in relation to circumcision, considering issues such as parental rights, child consent, and religious practices. The report discusses the potential legal implications of US non-adherence to international standards, particularly if certain political figures were to implement changes, and assesses the permissibility of non-therapeutic circumcision for individuals under 18 years of age. The report highlights the varying approaches to circumcision across different nations, including legal requirements, age restrictions, and the role of medical professionals, and evaluates whether the US is in breach of international law regarding these practices. The report also examines the impact of religious beliefs and medical necessity on circumcision practices. The report concludes with a comparative analysis of the legal frameworks, highlighting the importance of balancing child rights, parental authority, and cultural or religious beliefs in the context of international law.

INTERNATIONAL LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Question 1 US breach with respect to international law.............................................................1
Question 2 US in breach of obligation if Mike Pence win election............................................3
Question 3 Permission to non therapeutic circumcision under the age of 18.............................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................7

INTRODUCTION
Circumcising is an important activity which is adopted by various religions as a religious
activity with the males born in the family. There are different laws that have been adopted by the
countries in relation to circumcision. The report discusses provisions followed in Sweden, South
Africa and US. Further, it discusses about its difference with that of international law issued by
Convention on the Rights of the Child (CROC). Moreover, it ponders on the impact on the
provisions of circumcision if Mike Pence will win the presidency election and implement the
changes proposed by him. In the end, the report will focus on obligation with respect to
prohibiting the activity below the age of 18 on the suspension from CROC.
Question 1 US breach with respect to international law
Circumcision is an action or practice of circumcising a boy. It usually takes place when
the child is at very young stage. Various laws have been adopted by different countries regarding
circumcision. Some treat it as an illegal activity and only allows it if the person is given
anaesthesia. However, on the other hand, some consider it as legal and allow it in the nation1. It
is also considered as a religious practice adopted by some religions. However, as per the point of
view of some other people, it is considered to be an advantageous activity for the health of the
child. There are various drawbacks that are related to circumcision. It includes, Pain during the
process, infection to the area, irritation, increased risk in the injury etc.
As per the law passed in 2001 in Sweden, The Parliament of the country has banned the
circumcision process. However, in order to carry it out due to medical and religion reasons; the
following requirements are important to be followed:
 Presence of medical doctor
 Anaesthesia nurse, as practice can not be performed without applying anaesthesia
beforehand.
 The person performing the activity must be certified by National Board of Health2.
However, the law passed by the country was not actually followed by the people living
there. The circumcision activity was performed by the people who were not physicians or carry
1 Yarber, W. L., Sayad, B. W. and Strong, B., Human sexuality: Diversity in contemporary America
( McGraw-Hill, 2013).
2 Svoboda, J. S., Circumcision of male infants as a human rights violation (2013). Journal of medical
ethics, 39(7), 469-474.
1

any other officially recognised certification. After reviewing the law in 2005, and made sure that
the activity is permitted in all the hospital and no doctor can refuse it3.
As per the Article 23 of Convention on the Rights of the Child (CROC), it restricts the
circumcision procedure without the presence of medical practitioner. Moreover, It is the right of
the child to express his views regarding the process and the ultimate decisions lies in his hands
that whether he wants to go for circumcision or not. As per the religious practice is concerned, it
is practised majorly by the Jewish and Islamic religions.
Article 24, point 3 protects the child from any traditional practice that can harm his
health. Hence, all the important aspects are taken into consideration while opting for the
circumcision practice in Sweden.
South Africa has amended the circumcision rules in South African Children's Act in April
2010. It now provides significant level of protection against unwanted circumcision. It can not
be considered as a social or cultural practices without considering the well being of a child and
prohibited circumcision of a boy under the age of 164. However, there is an exception in case of
valid religious reasons or if it is medically necessary for therapeutic purposes. This practice can
be performed in the boys who are above the age of 16 only after their consent and proper
counselling.
The laws that are mentioned in the children act of USA are not sufficient enough to
reduce the activity to the minimum and not promote its happening. It has made circumcision
legal if the person it an adult and ha also taken consent from the surgeon regarding his surgical
operation. No stringent laws have been formed regarding anaesthesia to the person. It has led to
different malpractices in the country leading to violation of the prevailing rules in the
circumcision5. Moreover, no provision have been mentioned in the law regarding the use of
anaesthesia while conducting childhood or neonatal circumcision.
As per article 24 of The International Covenant on Civil and Political Rights (ICCPR),
every child enjoys the right of protection without any discrimination with respect to caste,
3 Mazor, J., The child's interests and the case for the permissibility of male infant circumcision (Journal of
Medical Ethics, 2013 ).
4 South Africa passes law to restrict circumcision (2017)
<https://www.circinfo.org/South_Africa_Childrens_Act.html>.
5 What’s hiding behind attacks on circumcision? (2013) <http://www.jpost.com/Opinion/Op-Ed-
Contributors/Whats-hiding-behind-attacks-on-circumcision-329454>.
2

colour, sex, religion, social; origin or birth. It protects the child from involuntary circumcision as
well. Moreover, Article 9 is related to protection of his body, torture, cruelty or degraded
behaviour. It shows that the child is protected from circumcision by the law as well. Another
article related to it mentioned in the ICCPR is that the child have right to opt for different
religion other than the religion of the parents as well. Circumcision may act as an interfering
factor in that case6.
Vienna convention on law of treaties is concerned to international law on treaties
between different states. All the issued conventions contain the rules that can be signed and
ratified by the entities. The rules are not restricted to a particular state but it is open for the
signatories to who are willing to accept the provisions. Hence, a state may or may not be willing
to sign the treaty7. It shows that one cannot force US to sign the provisions underlined in
international law.
A formal consent was never issued by USA with respect to the rules stated in CROC.
Moreover, the treaty was signed by South Africa and Sweden. Objection of Sweden and South
Africa is arguable. As per the rule of international law, the provisions are applicable on any state
only with the consent of that particular state. Hence, Sweden cannot force US to come into the
treaty.
In the case given, the important aspects of international law are not considered by US
leaving it in problematic situation under the provisions made for circumcision. However, South
Africa and Sweden, being part of international law have made provisions in the country
considering all the situations. It has helped to reduce the activity and keep the child protects
during it as well. However, USA is not the signatory of the provisions laid; provisions in the
international law are not applicable and cannot be forced by South Africa and Sweden. Hence, it
can be said that US is not on breach of the regulations mentioned in the international law.
Question 2 US in breach of obligation if Mike Pence win election
Circumcision is the process that is followed under many religions of the world like
Muslim and Jewish etc. In respect to it there are certain rules and regulations at international
level. It can be observed that all nations of the world have different thinking in respect to same.
6 Morris, B.J. and Tobian, A. A., Legal threat to infant male circumcision (2013).JAMA
pediatrics, 167(10), 890-891.
7 Vienna convention on the law of treaties s 1(6)
3

Some believe that it is religious practice and must not be abandoned. Due to religion it is right of
people to do circumcision. In Sweden and South Africa there are very strict rules in respect to
circumcision and as per rules in Sweden up to age of 12 parents preserve right of circumcision of
their child but thereafter they without obtaining approval of their child can not go for its
circumcision8. In case opposite of this is done then parents have to bear serious consequence.
Similarly, in case of South Africa different thing happened and this age is increased to 16 and all
rules remain same. However, in USA opposite happened because there parents reserve a right to
do circumcision of their child if they want irrespective of their age.
At international level in respect to circumcision there are very strict rules and regulations
and without permission of child no one can do its circumcision. However, in case of USA things
are different and if international law is considered then it can be said that it is doing wrong thing
and is involved in crushing human rights. This was one angle of viewing this entire scenario.
From other angel also this case can be reviewed. Point is that USA is the nation which does not
take membership of international law community which is ICCPR. Hence, it is not bounded by
international law means that if it is performing act that is against international law then also USA
cannot be considered as culprit. In case presidency candidate win an election and implement
whatever it commits then in that case it cannot be considers illegal because USA is not signatory
to ICCPR and due to this reason it is free to take actions at its own discretion. However, USA
must review its rules and regulations again in respect to circumcision9. This is because every
individual have right like parents have rights on their children. They have right to concern about
their children but this does not mean that parents have right to decide whether their children can
do circumcision. Thus, it can be said that USA congress must detail think about issue and
accordingly must determine whether they need to make any change in relevant rules and
regulations or same must be kept unchanged. From no point of view USA can be considered
culprit for breaking of international law. This was possible to assume only when it inked
agreement with ICCPR and does not follow its Circumcision related rules and regulation.
8 International Covenant on Civil and Political Rights (2006) <http://www.cirp.org/library/ethics/UN-
covenant/>.
9 Circumcision debate must be reframed as human rights issue (2017)
<https://www.circinfo.org/Circumcision_and_human_rights.html>.
4

Question 3 Permission to non therapeutic circumcision under the age of 18
As per the law of South Africa, it permits the non therapeutic circumcision under the age
of 18. It shows that the legal guardians of the child must be in concern to the activity. Moreover,
if the child is above the age of 16; his consent is also important to be conducted. Further,
circumcision activity must be performed considering all the provisions that have been mentioned
in the act. It includes, it should not harm the children and create any other serious medical
condition. Moreover, the process must be conducted in presence of the medical doctor who have
been certified for it10. A nurse must also be present there to apply local anaesthesia as well. It is
important to give anaesthesia to the person and without which the activity is restricted to be
performed. So that the person cannot feel the pain. Moreover, it also reduced the risk of
infections as well.
In case of Sweden, the earlier permissible age of non therapeutic circumcision was above
18 year unless any medical circumstances have not arose. However, as per the norms of Jewish,
it is required to be performed within 8 days of the birth of the child. It made this law totally
unacceptable by the Jews of the country. After the amendments, it was made legal for the first
two months of the birth of the child as well.
In case of US, no specific age have been mentioned by the law in case of circumcision. It
shows that there is a need to have effective provisions of circumcision. It will help in reducing
the activity or performing it with utmost care11.
As per the international law, non therapeutic circumcision can be performed if the child is
at the age to understand its consequences and have been counselled by the registered counsellor.
It helps in making sure that the activity is not forceful and have been decided with the consent.
Moreover, the activity must be performed considering all the safety measures issues in the
provisions to take care of child's safety.
The case of circumcision acting as a preventive or worsening measure of HIV is still
argumentative. Some of the reports suggests that it is a contributing factor for the happening of
10 Jacobs, A.J. and Arora, K.S., Ritual male infant circumcision and human rights (2015) The American
Journal of Bioethics, 15(2), 30-39.
11 Fox, M. and Thomson, M., The new politics of male circumcision: HIV/AIDS, health law and social
justice (2012) Legal Studies, 32(2), 255-281.
5

HIV. However, as per the recent reports it has been found that circumcision helps in avoiding the
occurrence of HIV. It is still required to be confirmed by the scientists12.
Report suggests that it is considered as an effective activity which helps in preventing
Urinary tract Infection, reduces the risk of infection under the skin, reduces the risk of cancer,
etc.
As per the CROC provisions, it is permissible for the person to go into circumcision if it
is performed by medical practitioner taking all important steps into consideration. It has not been
permitted by South Africa. It is important to note that the rules issued by CROC must be
followed. However, it can be made strict by the country as per the conditions in the country.
Hence, South Africa will not be suspended from the treaty.
CONCLUSION
Based on the above report, it can be concluded that, circumcision is the procedure
adopted by Islamic and Jewish. It is regarded as a religious activity which can not be banned by
the countries as it will be a breach of basic human right, which is “Right to preach any religion.'
The rules of Sweden and South Africa with this regard are quite stringent and allow the activity
in the presence of medical practitioner. However, the rules followed by US are not effective and
all the provisions issued by the international law are not accepted by the countrify leading to face
various drawbacks of circumcision. Hence, it is important that US also accept the provisions
issued by CROC so that harmful impacts of circumcision can be minimised.
12 Male Circumcision and the Rights of the Child (3 October 2013)
<http://www.cirp.org/library/legal/smith/>.
6

REFERENCES
Books and journals
Fox, M. and Thomson, M., The new politics of male circumcision: HIV/AIDS, health law and
social justice (2012) Legal Studies, 32(2), 255-281.
Jacobs, A. J. and Arora, K. S., Ritual male infant circumcision and human rights (2015) The
American Journal of Bioethics, 15(2), 30-39.
Mazor, J., The child's interests and the case for the permissibility of male infant
circumcision(Journal of Medical Ethics, 2013 ).
Morris, B. J. and Tobian, A. A., Legal threat to infant male circumcision (2013).JAMA
pediatrics, 167(10), 890-891.
Svoboda, J. S., Circumcision of male infants as a human rights violation (2013). Journal of
medical ethics, 39(7), 469-474.
Yarber, W. L., Sayad, B. W. and Strong, B., Human sexuality: Diversity in contemporary
America ( McGraw-Hill, 2013).
Online
Circumcision debate must be reframed as human rights issue (2017)
<https://www.circinfo.org/Circumcision_and_human_rights.html>.
International Covenant on Civil and Political Rights (2006)
<http://www.cirp.org/library/ethics/UN-covenant/>.
Male Circumcision and the Rights of the Child (3 October 2013)
<http://www.cirp.org/library/legal/smith/>.
South Africa passes law to restrict circumcision (2017)
<https://www.circinfo.org/South_Africa_Childrens_Act.html>.
What’s hiding behind attacks on circumcision? (2013) <http://www.jpost.com/Opinion/Op-Ed-
Contributors/Whats-hiding-behind-attacks-on-circumcision-329454>.
Legislation
Vienna convention on the law of treaties
7