Keith Mack
Male circumcision is a controversial topic that provokes strong arguments for and against the practice. In the UK, it is generally held that male circumcision is lawful provided that there is valid consent and that the procedure is performed by someone competent. In instances where the person is too young to give consent, consent must be provided by those with parental responsibility or by the Court. Without such consent, the act is likely to amount to assault. Doctors are permitted to refuse to perform the procedure for ritual or non-therapeutic purposes if it goes against their conscience. In the UK, circumcision is usually carried out for religious or cultural reasons, but it is also sometimes required for medical reasons.
| Characteristics | Values |
|---|---|
| Lawful in the UK | Yes, with valid consent and performed by a competent person |
| Consent | Required from the person receiving the procedure, or from parents/court if the person is too young |
| Police and Crown Prosecution Service | Slow and reluctant to take action in response to allegations of unlawful circumcision |
| Doctors | Permitted to refuse to perform the procedure for "ritual" or "non-therapeutic" purposes if it goes against their conscience |
| Medical reasons | Lower risk of acquiring HIV, reduced risk of urinary infections and penile cancer, treatment for paraphimosis |
| Complications | Initial swelling, bleeding, infection, permanent reduction in sensation in the head of the penis, risk of psychological harm |
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What You'll Learn
Consent
In the UK, male circumcision is generally considered legal provided that there is valid consent and that the procedure is performed by a "competent" individual. In cases where the person receiving the procedure is a minor and therefore unable to give consent, consent must be provided by those with parental responsibility for the child or by the Court. Without such consent, the act may constitute an assault.
In a 2016 High Court case, a mother and father of two young boys disagreed on whether their sons should be circumised in accordance with the father's Muslim faith. The judge ruled that the decision should be deferred until the boys were old enough to provide consent themselves. This case highlights that where two people with parental responsibility disagree on circumcision, the procedure must not be performed without leave of the court.
The issue of consent in male circumcision is complex and has been the subject of legal debate in various countries. In some jurisdictions, ritual or non-therapeutic circumcision performed on minors has been deemed unlawful or a criminal offence, while others uphold the rights of parents or practitioners to freedom of religion. In the UK, the police and Crown Prosecution Service have been criticised for their slow response to allegations of unlawful circumcision, possibly due to the cultural and familial sensitivities surrounding the issue.
It is important to note that doctors are permitted to refuse to perform non-therapeutic circumcision if it goes against their conscience. While male circumcision is a permanent procedure that can have cultural and religious significance for some, it is also seen by others as causing potential physical and psychological harm. Ultimately, the decision to undergo circumcision should be made with informed consent, taking into account potential risks and benefits.
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Medical reasons
Circumcision in men is generally carried out for religious or cultural reasons, but it can also be performed for medical purposes. In the UK, circumcision is lawful provided there is valid consent and the procedure is performed by a competent individual.
Circumcision may be recommended for medical reasons in men when the foreskin is tight and cannot be pulled back (retracted). This condition is called phimosis, and it can sometimes cause pain during an erection and may make urination difficult. However, alternative treatments such as topical steroids are often preferred before considering circumcision.
Another medical reason for circumcision is to reduce the risk of acquiring certain sexually transmitted infections (STIs). Studies have shown that circumcised men have a lower risk of contracting HIV, but the evidence for protection against other STIs is inconclusive and conflicting.
In rare cases, circumcision may be necessary to treat recurrent infections (balanitis) or paraphimosis, where the foreskin cannot be returned to its original position, causing swelling and pain in the head of the penis. Immediate treatment is crucial in paraphimosis to prevent serious complications such as restricted blood flow.
Balanitis xerotica obliterans, a condition causing a tight foreskin and potential scarring of the head of the penis, may also require circumcision in some cases.
It is important to note that circumcision is usually considered only when other less invasive and less risky treatments have been tried without success. Complications from circumcision are rare in the UK, but they can include initial swelling, bleeding, infection, and a permanent reduction in sensation in the head of the penis.
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Religious reasons
Male circumcision for religious reasons, also known as ritual or non-therapeutic circumcision, is assumed to be lawful in the UK. However, for the procedure to be lawful, valid consent is required from those with parental responsibility for the child or by court order if the child's parents are unable to agree. Doctors are permitted to refuse to perform non-therapeutic circumcisions if doing so goes against their conscience.
Ritual circumcision is considered by some to be fundamental to a person's cultural or religious identity and conformity. In 2016, a high court case involved a father arguing that it was in his sons' best interests to be circumcised in accordance with his Muslim faith. In another case, a judge declined to make a circumcision order, deciding that the decision should be deferred until the boys were old enough to provide consent themselves.
Non-therapeutic circumcision is a topic of controversy due to the associated risks of physical and psychological harm, as well as the deprivation of a person's right to retain an intact body. In 2011, eleven boys were admitted to a single hospital with life-threatening complications following circumcision. Some critics refer to circumcision as genital mutilation and argue that potential post-operative complications, such as excessive bleeding and infections, outweigh any possible benefits.
While religious groups have lobbied against legislation prohibiting circumcision of children for non-medical reasons, public opinion in the UK largely supports such a law. A 2018 YouGov survey found that 62% of respondents would support a ban, while only 13% would oppose it.
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Cultural reasons
Circumcision is generally lawful in the UK as long as there is valid consent and the procedure is performed by a competent individual. In the UK, circumcision is primarily carried out for medical reasons, with rare post-procedure complications. However, circumcision is also performed for cultural and religious reasons, which is referred to as "ritual" or "non-therapeutic" circumcision. This form of circumcision is assumed to be lawful in the UK provided that both parents give their consent and the procedure is carried out competently. Doctors can refuse to perform non-therapeutic circumcisions if it goes against their conscience.
Ritual circumcision is considered fundamental to one's cultural or religious identity and conformity. It is a common practice in the Jewish and Islamic communities, as well as by many African communities. In Oriental Christianity, the Coptic Orthodox Church and Eritrean Orthodox Church require male circumcision for their members. It is common but not required for members of the Ethiopian Orthodox Church. Circumcision is also a social tradition in the Philippines, where boys are usually circumcised in a coming-of-age ritual. In South Korea, circumcision is associated with maintaining hygiene.
The legality of non-therapeutic circumcision has been challenged in various countries. In Finland, the Supreme Court ruled in 2008 that circumcision for religious and social reasons did not constitute a criminal offence, recognising it as an integral part of Muslim men's identity. However, the Helsinki District Court clarified in 2011 that the Supreme Court's decision did not legalise circumcision for non-medical reasons. In Belgium, the Advisory Committee on Bioethics considers circumcision a radical operation, prioritising the physical integrity of the child over parents' belief systems. In the UK, the police and Crown Prosecution have been reluctant to take action on allegations of unlawful circumcision due to the cultural and familial context.
The permanence of circumcision and the age at which it is often performed have sparked controversy. Critics argue that boys are too young to provide informed consent, and some view the procedure as genital mutilation or permanent disfigurement that can cause future harm. In cases where parents disagree about circumcising their child, the procedure must not be performed without leave from the court.
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Legal action
In the UK, non-medical male circumcision is generally considered a lawful practice, provided there is consent from both parents. However, in cases where the child is too young to give consent, the procedure must not be performed without the leave of the court if the parents disagree.
If you discover that your son has been circumcised without your knowledge or consent, you may seek medical advice and legal action. While the police and Crown Prosecution Service may be reluctant to take action, there have been instances where the police have arrested suspects involved in unlawful circumcision. In one case, a mother sued the doctor who performed the circumcision on her son without her consent.
In other countries, there have been varying approaches to the legality of male circumcision. For example, in Finland, the Supreme Court found that non-therapeutic circumcision of boys constitutes assault, while Iceland considered legislation to ban the practice, and Australia has banned cosmetic circumcision for newborn males in public hospitals.
The debate around the legality of male circumcision centres on the rights of parents and practitioners to freedom of religion, and the rights of the child to freedom from religion, self-determination, and bodily integrity. While some consider ritual circumcision fundamental to cultural or religious identity, others view it as permanent disfigurement that risks causing physical and psychological harm.
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Frequently asked questions
Male circumcision is generally considered legal in the UK when there is valid consent and the procedure is performed by a competent individual.
A competent individual is someone who is qualified and experienced, such as a doctor.
If the person is a child, consent must be provided by those with parental responsibility. If the parents disagree, the procedure must not be performed without leave from the court.
