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- Title
Amtsgericht Köln (County Court of Cologne) Judgment no 528 Ds 30/11 and Landgericht Köln (District Court of Cologne) Judgment no 151 Ns 169/11.
- Authors
Bohlander, Michael
- Abstract
(Docket no 528 Ds 30/11): Amtsgericht Cologne: 21 September 2011(Docket no 151 Ns 169/11): Landgericht Cologne judgment dismissing the prosecution appeal against the judgment of the Amtsgericht Cologne of 21 September 2011: 7 May 2012Human Rights – Right of parent to freedom of religion or belief – Right of child to bodily integrity and self-determination – Balancing of rights – Circumcision – Male circumcision for religious reasons without medical indication as part of religious tradition – Lawfulness – Defendant doctor performing lege artis circumcision on 4-year-old male child using a scalpel under local anaesthesia – Wound sutured and home aftercare provided by defendant in evening of same day – Two days later, child brought by mother to A & E because of secondary bleeding – Child unable to give consent to circumcision – Parental right of personal care under German Civil Code – Socially adequate behaviour under religious tradition as exempting doctor’s conduct from criminal liability for bodily harm – Whether in light of religious traditions circumcision in best interest of child – Interpretation of criminal law – Balancing of constitutional right to freedom of religion of parents and right to bodily integrity and self-determination of child – German Basic Law, arts 2, 4, 6 – German Civil Code, sec 1627 – German Criminal Code, secs 17, 223, 224
- Subjects
FLORIDA; GERMANY; HUMAN rights; CIVIL rights; CRIMINAL liability; CRIMINAL codes; SUMMARY judgments; INTERPERSONAL relations
- Publication
Oxford Journal of Law & Religion, 2013, Vol 2, Issue 1, p217
- ISSN
2047-0770
- Publication type
Article
- DOI
10.1093/ojlr/rws053