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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The Prevent strategy needs a rethink, not a rebrand

A bad policy by any other name is still a bad policy.

Yesterday the Home Affairs Select Committee published its report on radicalization in the UK. While the focus of the coverage has been on its claim that social media companies like Facebook, Twitter and YouTube are “consciously failing” to combat the promotion of terrorism and extremism, it also reported on Prevent. The report rightly engages with criticism of Prevent, acknowledging how it has affected the Muslim community and calling for it to become more transparent:

“The concerns about Prevent amongst the communities most affected by it must be addressed. Otherwise it will continue to be viewed with suspicion by many, and by some as “toxic”… The government must be more transparent about what it is doing on the Prevent strategy, including by publicising its engagement activities, and providing updates on outcomes, through an easily accessible online portal.”

While this acknowledgement is good news, it is hard to see how real change will occur. As I have written previously, as Prevent has become more entrenched in British society, it has also become more secretive. For example, in August 2013, I lodged FOI requests to designated Prevent priority areas, asking for the most up-to-date Prevent funding information, including what projects received funding and details of any project engaging specifically with far-right extremism. I lodged almost identical requests between 2008 and 2009, all of which were successful. All but one of the 2013 requests were denied.

This denial is significant. Before the 2011 review, the Prevent strategy distributed money to help local authorities fight violent extremism and in doing so identified priority areas based solely on demographics. Any local authority with a Muslim population of at least five per cent was automatically given Prevent funding. The 2011 review pledged to end this. It further promised to expand Prevent to include far-right extremism and stop its use in community cohesion projects. Through these FOI requests I was trying to find out whether or not the 2011 pledges had been met. But with the blanket denial of information, I was left in the dark.

It is telling that the report’s concerns with Prevent are not new and have in fact been highlighted in several reports by the same Home Affairs Select Committee, as well as numerous reports by NGOs. But nothing has changed. In fact, the only change proposed by the report is to give Prevent a new name: Engage. But the problem was never the name. Prevent relies on the premise that terrorism and extremism are inherently connected with Islam, and until this is changed, it will continue to be at best counter-productive, and at worst, deeply discriminatory.

In his evidence to the committee, David Anderson, the independent ombudsman of terrorism legislation, has called for an independent review of the Prevent strategy. This would be a start. However, more is required. What is needed is a radical new approach to counter-terrorism and counter-extremism, one that targets all forms of extremism and that does not stigmatise or stereotype those affected.

Such an approach has been pioneered in the Danish town of Aarhus. Faced with increased numbers of youngsters leaving Aarhus for Syria, police officers made it clear that those who had travelled to Syria were welcome to come home, where they would receive help with going back to school, finding a place to live and whatever else was necessary for them to find their way back to Danish society.  Known as the ‘Aarhus model’, this approach focuses on inclusion, mentorship and non-criminalisation. It is the opposite of Prevent, which has from its very start framed British Muslims as a particularly deviant suspect community.

We need to change the narrative of counter-terrorism in the UK, but a narrative is not changed by a new title. Just as a rose by any other name would smell as sweet, a bad policy by any other name is still a bad policy. While the Home Affairs Select Committee concern about Prevent is welcomed, real action is needed. This will involve actually engaging with the Muslim community, listening to their concerns and not dismissing them as misunderstandings. It will require serious investigation of the damages caused by new Prevent statutory duty, something which the report does acknowledge as a concern.  Finally, real action on Prevent in particular, but extremism in general, will require developing a wide-ranging counter-extremism strategy that directly engages with far-right extremism. This has been notably absent from today’s report, even though far-right extremism is on the rise. After all, far-right extremists make up half of all counter-radicalization referrals in Yorkshire, and 30 per cent of the caseload in the east Midlands.

It will also require changing the way we think about those who are radicalized. The Aarhus model proves that such a change is possible. Radicalization is indeed a real problem, one imagines it will be even more so considering the country’s flagship counter-radicalization strategy remains problematic and ineffective. In the end, Prevent may be renamed a thousand times, but unless real effort is put in actually changing the strategy, it will remain toxic. 

Dr Maria Norris works at London School of Economics and Political Science. She tweets as @MariaWNorris.