In May 2012, a regional court in Cologne ruled that the circumcision of a boy, carried out for religious reasons, qualified as a crime under German law. The court reasoned that the child’s right to physical integrity trumps religious and parental rights—a decision that greatly concerned Germany’s Jewish and Muslim communities. The decision is available in German here and in English in an official and abbreviated version here.
In December 2012, the ReligioWest project at the European University Institute sponsored a lecture by Marianne Heimbach-Steins (Institut für Christliche Sozialwissenschaften- Universität Münster) on the decision and the general topic. She has now published the paper for ReligioWest. Here’s the abstract:
In May 2012, a German court in Cologne ruled that circumcising young boys represents grievous bodily harm. This decision, which touched upon the questions of freedom of religious practice, identity and children’s rights, was condemned by Jewish and Muslim representatives in Germany, but it was also widely and controversially debated by civil society and politicians. The German Parliament recently passed legislation protecting circumcision as a religious practice, but the debate is likely to continue. In this paper, Marianne Heimbach-Steins, director of the department of Christian Social Ethics at the University of Münster (Germany), discuss this case and its implications for the definition of religious freedom.
Her working paper can be downloaded here.