Circumcision is not a barrier to an individual's religious freedom

Was a German court justified in interfering with centuries of religious tradition?

A court in Cologne has ruled that circumcision, performed for religious reasons on male children below an age where they can meaningfully consent to the operation, amounts to an unwarranted and irreparable interference with their bodily integrity. Furthermore, it interferes with the right of a child "to decide for himself later on to what religion he wishes to belong".

The ruling, in a case involving a four-year-old Muslim boy who was injured in a botched procedure, has been strongly criticised by both Muslim and Jewish groups in Germany and beyond. In the UK Jonathan Arkush, vice-president of the Board of Deputies described it as "intolerant, ill-informed and deeply troubling."  Andrew Copson of the British Humanist Association, by contrast, supports it. He thinks it is "an open and shut case, ethically speaking" on the grounds that "respect for the autonomy of a person requires that they give consent for irreversible procedures affecting their body like cutting pieces off their genitals". And Pavan Dhaliwal, speaking publicly on behalf of the BHA, suggests that a ban on infant circumcision "would not constitute an attack on religious freedom, because boys would still be allowed to be circumcised when they reach an age to consent".

While Copson has some sympathy for Jews and Muslims who may interpret a ban as oppressive, he appears to locate the source of their discomfort in an emotional attachment to their traditions and, in the case of men, intimate feelings towards their own bodies. But this is more than a merely cultural or psychological issue. It would have especially serious consequences for Jewish religious practice. To ban the circumcision of infant boys would, in effect, be to ban Judaism itself, at least as it has been practised for almost three thousand years. Islam expects males to be circumcised but lays down no specific age for the procedure. Jewish law on the other hand requires circumcision on the eighth day after birth, an age at which even the most precocious infant would be unable to give informed consent. No uncircumcised boy would be able to celebrate his Bar Mitzvah at the traditional age of thirteen. It would be potentially catastrophic. That a German court should have produced such a ruling has only added to the disquiet. 

Along with the Sabbath and the rules of kosher, circumcision has always been one of the non-negotiable features of Judaism, indeed central to Jewish identity. The requirement is laid down in the book of Genesis (in chapter 17), which describes circumcision as the "token of the covenant" between God and Israel and goes on to warn that that "the uncircumcised man child whose flesh of his foreskin is not circumcised shall be cut off from the people; he has broken my covenant." 

The importance attached to the procedure is repeatedly stressed in the Hebrew Bible. In one incident recounted in Exodus, God threatens to kill Moses, apparently because the prophet's (non-Jewish) wife has not had their son circumcised. He is only saved when Zipporah takes the knife to her son's foreskin herself. The message is clear: so much does God care about circumcision that's he's prepared to kill the man without whom there would be no Judaism (nor any Christianity or Islam) at all rather than see one Israelite child in possession of a foreskin. It's that serious.

If circumcision were obviously a bad thing, then religious freedom could and should be overridden. No religious justification would suffice to permit human sacrifice, or indeed female genital mutilation (FGM), which most Western countries have specifically banned. But male circumcision is not obviously harmful, as FGM is. Performed properly, it is not dangerous. The World Health Organisation positively encourages it, the theory being that it protects against HIV and other sexually transmitted infections. The effect on sexual pleasure in later life is disputed. Men who are in a position to know offer differing opinions, with those who report improvement somewhat outnumbering those regretting the procedure. All agree, however, that even with anaesthetic during the operation it is very painful afterwards and it takes at least a month to recover.

This matters. If circumcision for religious reasons is restricted to adults, not only would this interfere with long-held custom (and in the Jewish case, Biblical law), it would also force men or older boys to undergo a painful procedure as a price of belonging to their ancestral religion. Uncircumcised male converts to Judaism or Islam already face this dilemma, of course, but it's not hard to see that the prospect would act as a deterrent to many men lacking in the zeal of a convert. At the same time, a circumcised man leaving the religion is not forced to be painfully uncircumcised. It's thus hard to follow the logic that sees the procedure as an interference with a boy's freedom to choose his religion later in life. Quite the reverse.

 

A young boy cries after being circumcised. Photograph: Getty Images
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Google’s tax worries, Oxford’s race dilemma and the left-wing case for leaving Europe

The truth is that many black students looking at the white, middle-class Oxford would justifiably conclude that they don’t belong.

As a Gmail user and a Google searcher, am I morally compromised by using the services of a serial tax avoider? Surely not. Google gets roughly 95 per cent of its revenues from advertising and much of that from clicks on the ads that surround its offerings. I have long observed a rule never to click on any of these, even when they advertise something that I need urgently. Instead, I check the seller’s website address and type it directly into my browser.

Taking full advantage of its services without contributing to its profits strikes me as a very good way of damaging the company. More problematic are pharmaceutical companies such as AstraZeneca (zero UK corporation tax in 2014) and GlaxoSmithKline (UK corporation tax undisclosed but it has subsidiaries in tax havens), which makes many prescription drugs and consumer products such as toothpaste – I chew it to stop me smoking. To boycott all such companies, as well as those that underpay their workers or pollute the planet, one would need, more or less, to drop out from the modern world. Consumer boycotts, though they have a certain feel-good factor, aren’t a substitute for electing governments that will make a concerted effort to tax and regulate big corporations.

 

After EU

David Cameron is finding it hard to get changes to EU rules that he can credibly present as concessions. But the talks that would follow a vote for Brexit would be a hundred times more difficult. Ministers would need to negotiate access to the single market, renegotiate trade deals with 60 other countries and make a deal on the status of Britons living in the EU, as well as EU citizens living here. All this would create immense uncertainty for a fragile economy.

With a current-account trade deficit of 4 per cent, the dangers of a run on sterling would be considerable. (This apocalyptic scenario is not mine; I draw on the wisdom of the Financial Times economics editor, Chris Giles.) But here’s the question. If the UK got into the same pickle as Greece – and George Osborne had to do a Norman Lamont, popping out of No 11 periodically to announce interest-rate rises – Jeremy Corbyn would walk the 2020 election. Should we lefties therefore vote Out?

 

University blues

Hardly a Sunday now passes without David Cameron announcing an “initiative”, either on TV or in the newspapers. The latest concerns the under-representation of black Britons at top universities, notably Oxford, which accepted just 27 black students in 2014 out of an intake of more than 2,500. As usual, Cameron’s proposed “action” is risibly inadequate: a requirement that universities publish “transparent” data on admissions and acceptances, much of which is already available, and a call for schools to teach “character”, whatever that means.

The truth is that many black students looking at the white, middle-class Oxford – with its disproportionate numbers from a handful of fee-charging schools, such as Eton – would justifiably conclude that they don’t belong. Cameron rules out quotas as “politically correct, contrived and unfair”. But quotas in some form may be what is needed if young people from poor white, as well as black, homes are ever to feel that they would be more than interlopers.

In the meantime, Cameron could tell elite universities to stop setting ever-higher barriers to entry. As well as demanding two A*s and an A at A-level, Oxford and Cambridge are introducing tests for “thinking skills” and subject-specific “aptitude”. Whatever the developers of such tests claim, it is possible to coach students for them. State schools don’t have the resources to do so or even to research the complex requirements of the various colleges and subjects. Oxbridge admissions tutors must know this but evidently they don’t care.

 

A fine balance

The latest government figures show that, despite the former education secretary Michael Gove introducing £60 fines for parents who take their children on term-time breaks, the days lost to unsanctioned holidays are up by 50 per cent to three million in four years. This was a predictable result. Previously, the sense of an obligation to respect the law and set their children an example of doing so persuaded most parents to confine absences to school holidays. Now a modest price has been placed on term-time holidays. Parents do the sums and note that they save far more than £60 on cheaper flights and hotels.

A similar outcome emerged in Israel when daycare centres introduced fines for parents who arrived late. Previously, most preferred to avoid the embarrassment of apologising to a carer and explaining why they had been delayed. Once it became just a monetary transaction, many more happily arrived late and paid the price.

 

Minority report

Here in Loughton, Essex, where I live quietly and unfashionably, we are dancing in the streets. Well, not quite, but perhaps we ought to be. According to an analysis by the Policy Exchange think tank, Loughton is the third most integrated community in England and Wales, just behind Sutton Coldfield in the West Midlands and Amersham, Buckinghamshire, but above 157 others that have significant minorities. We are well ahead of fashionable London boroughs such as Islington and Hackney, where residents obviously keep Muslims and eastern Europeans out of their vibrant dinner parties, whereas we have bearded imams, African chiefs in traditional dress and Romanian gypsies dropping in for tea all the time.

Again, not quite. I’m not sure that I have met that many non-indigenous folk around here, or even seen any, except in the local newsagents. Still, I am grateful to Policy Exchange for brushing up Loughton’s public image, which was in need of a facelift after the BNP won four seats on the council a few years ago and a TOWIE actor opened a shop on the high street.

Peter Wilby was editor of the Independent on Sunday from 1995 to 1996 and of the New Statesman from 1998 to 2005. He writes the weekly First Thoughts column for the NS.

This article first appeared in the 05 February 2015 issue of the New Statesman, Putin's war