Schreiber M, Schott G E, Rascher W, Bender A W
Abteilung für Kinderurologie, Urologische Klinik, Friedrich-Alexander Universität Erlangen-Nürnberg, Erlangen.
Klin Padiatr. 2009 Dec;221(7):409-14. doi: 10.1055/s-0029-1233494.
Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out - be it for medical or ritual reasons - without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.
根据德国法律,女性割礼(生殖器 mutilation)是对人权的刑事侵犯。即使有被割礼者本人和/或其法定代表人的同意,这种手术也不得进行,因为对女性割礼的同意是不道德的,因此是无效的。与女性割礼存在诸多同意的情况相反,男性割礼的法律状况非常不明确。在实践中,男性割礼在公众未注意的情况下进行——无论是出于医疗还是宗教仪式原因——而没有对医疗指征的明确性或宗教仪式割礼的法律状况进行深入思考。从医学角度来看,女性和男性割礼存在很大差异,但也有一些相似之处。各种原因,部分基于偏见和错误信息,使得人们避免将男孩割礼也视为非法行为。与普遍观点相反,男性割礼也构成身体伤害,医生只能在术前询问并获得受影响者同意后才能进行。由于男性宗教仪式割礼并非为了孩子的福祉,父母不能代替孩子给予割礼同意。只有在孩子表示同意的情况下,男性割礼才被允许,因此只有在孩子达到足够成熟以理解这种行为的意义和程度的年龄时才在法律上被允许,而在他年满16岁之前几乎不可能达到这种成熟程度。