A/70/286
4.
Controversies around male circumcision
71. A question which has caused some controversy is how to assess the ritual
circumcision of male infants, which is widely practised in some religions. For many
believers, it counts as a core element of their religious identities and as an integral
part of religious initiation processes. At the same time, it obviously has irreversible
physical consequences. Male circumcision has been particularly contested when
carried out by untrained personnel in unhygienic settings and without adequate pain
relief, which increases the risk of serious medical complications and may even
have fatal consequences, including death. The Committee on the Rights of the
Child has therefore recommended taking effective measures, including training for
practitioners and awareness-raising, to ensure the health of boys and protect
against unsafe medical conditions during the practice of ma le circumcision
(CRC/C/15/Add.122, para. 33).
72. The issue has also been discussed within those religious communities in which
ritual male circumcision is widely practised and seen as an essential element of their
identity. Although some reformers have proposed postponing the practice to an age
at which the child concerned can take his own decisions, t he vast majority of
parents continue to understand and practise circumcision as an indispensable
element of religious initiation rituals performed on their children.
73. While some national legislators have specified certain conditions for the
practice of circumcision, in the spirit of the recommendation of the Committee on
the Rights of the Child, no State has outlawed the practice as such, which would be
a far-reaching intervention into parental rights. The Special Rapporteur would argue
that, if performed by trained practitioners, in sanitary conditions and with the
clearly expressed consent of parents or guardians, male circumcision of children
who have not yet reached religious maturity should generally be respected as falling
within the freedom to manifest one’s religion or belief, which includes the ritual
initiation of children into religious life. At the same time, he would like to
encourage further discussion, including within practising religious communities,
about how to improve the conditions of male circumcision in order to avoid the
risks of physical and psychological damage.
IV. Conclusions and recommendations
74. The Special Rapporteur calls upon States to pay more attention to
violations of the rights of the child and his or her parents in the area of freedom
of religion or belief. That may particularly concern persons belonging to
minorities, converts, dissidents, critics, atheists or agnostics, members of
non-recognized groups and others.
75. Due respect for the rights of the child and his or her parents in the area of
freedom of religion or belief has been corroborated in article 14 of the
Convention on the Rights of the Child. While article 14, paragraph 1, enshrines
the fundamental status of the child as a rights holder in the area of freedom of
religion or belief, article 14, paragraph 2, provides that parents or legal
guardians have the rights and duties to direct the child in the exercise of his or
her freedom of religion or belief. Such direction should be given in a manner
consistent with “the evolving capacities of the child”, in order to facilitate a
more and more active role of the child in exercising his or her freedom of
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