Translations - Attorneys for the Rights of the Child

European Legal Cases and Law Review Articles Bearing on Genital Autonomy

(English Translations by Attorneys for the Rights of the Child)

Court Cases

Laws Bearing on Genital Autonomy

Basic-Law-Grundgesetz-Article-100.pdf – The Grundgesetz is Germany’s foundational law and Article 100 establishes the mechanism for concrete judicial review. It dictates that if any ordinary court concludes that a law—upon whose validity its pending decision depends—is unconstitutional, proceedings must be suspended, and the question must be referred directly to the Federal Constitutional Court (Bundesverfassungsgericht).
Civil-Code-Section-1631d-English-Translation.pdf – Section 1631d of the German Civil Code is the specific law that governs the circumcision of male children in Germany. It was passed in December 2012 following the landmark legal decision in June 2012 by the Cologne court holding that the practice is illegal and a criminal offense. It states that parents have the legal right to “consent” to a medically non-indicated circumcision of their male child, provided the procedure is performed according to the “rules of the art.”

Academic Legal Articles

Beulke Diessner “(…) one small cut for a man, one giant issue for mankind” – German, 2012
Franz “Circumcision without End?”
Grams “Unconstitutional Legalization” – German, 2012
Herzberg “Legal Problems of Ritual Circumcision” – German, 2009
Herzberg “Is Legal Prohibition an Obstacle to the Biblical Commandment of Circumcision?” – German, 2012
Herzberg “Legally allowing Circumcision?” – German, 2012
Herzberg “Ethical and legal aspects of genital cutting” – German, 2014
Hoernle Huster “How far does the parents’ right of education go?”
Isensee “Constitutional Consequences Up Against Hallowed Traditions”
Jerouschek “Circumcision and German Law – Historical, medical, psychological, and juridical aspects” – German, 2008
Kelle “The Consistency of Ritual Circumcision of Boys with the UN Convention on Rights of the Child”
Mandla “Law on the extent of child custody concerning circumcision of the male child”
Merkel “Minima Moralia”
Prittwitz “Circumcision of male children as a criminal law issue”
Putzke “Legal Positions on Religious Circumcision” – German, 2008
Putzke “Legal Limits of Circumcision in the Case of Minors” – German, 2008
Putzke “Law and ritual – a great judgment of a small criminal division” – German, 2012
Putzke “The Circumcision Debate From the Viewpoint of a Protagonist” – German, 2014
Ringel Meyer “Special offense of female circumcision & unconstitutional unequal treatment” – German, 2014
Rupprecht “The right to believe anything you want – but not to do anything you want” – German, 2014
Scheinfeld “The circumcision of boys in the light of the Basic Law”
Schramm “The Circumcision of Boys from the Perspective of the Science of Criminal Law”
Schreiber “Review Article” Klinische Padiatrie – German, 2009
Schwarz “Constitutional Aspects of Religious Circumcision”
Stehr Putzke Dietz “Criminal penalties also for circumcision on religious grounds” – German, 2008
Steiner “Religiously motivated circumcision of boys in the light of the Criminal Code”
Volker von Loewenich “Ethico-medical Aspects of Ritual Circumcision of Boys Unable to Give Consent” – German, 2014
Walter “The draft legislation on circumcision – criticism and criminal law alternative” – German, 2012

Other Miscellaneous Legal Documents

Eschelbach-35.1-35.9-English-Translation.pdf
Eschelbach-9.1-9.19-English-Translation.pdf
Fischer-translation-by-Laura-Trager-8-14.pdf
Lenckner-and-Sternberg-Lieben-translation-8-14.pdf
Paeffgen-StGB-228-Consent-2013-English-Translation.pdf