CIRCUMCSCRIBING CIRCUMCISION:

RE-EXAMINING ROUTINE MALE CIRCUMCISION AS A

VIOLATION OF HUMAN RIGHTS

A Thesis Submitted to:

The Ateneo de Manila University

School of Law

In Partial Fulfillment of the Requirements for

The Degree of Juris Doctor

Submitted by:

Abel D. Alegre

abelalegre@yahoo.com

2003

ABSTRACT

Male Circumcision is a widespread practice in the Philippines. It is a surgical procedure that is performed from the farthest barrios of the provinces to the biggest hospitals in the urban areas. Not surprisingly, almost all Filipino males are circumcised. It is so ordinary in the Philippine psyche that it has become a routine procedure in local hospitals and clinics.

Meanwhile, sensitivity to human rights issues has resulted from the increased recognition of human rights by the international community. Various international instruments such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child have been drafted to concretize this recognition and to provide mechanisms of protection. Traditional practices such as slavery, foot-binding and female genital mutilation have been abolished and condemned pursuant to such international instruments.

The proponent seeks to establish that routine male circumcision violates human rights because it is not for the best interests of the child, it violates the child’s right to bodily integrity, it is a traditional practice prejudicial to the child’s health and the procedure does not involve informed consent.

Routine male circumcision is a practice which violates human rights but has been overlooked. Such omission may be the result of the erroneous belief that circumcision is for the best interest of the child medically, religiously and socially. Advances in medical knowledge, a deeper understanding of religious teachings and a consideration of international human rights instruments reveal that the continuance of the practice has no basis in the fields of medicine, religion and human rights. Moreover, new studies show that male circumcision has physical and psychological detrimental effects to the child which range from bleeding to death. These detrimental effects prove that circumcision is clearly not for the best interest of the child and, analyzed with the current Filipino practice, is actually a traditional practice prejudicial to the child’s health which State Parties to the Convention on the Rights of the Child have the duty to abolish.

Routine male circumcision violates the child’s rights to bodily integrity and to give an informed consent on procedures that affect his well being. It is an irreversible form of surgery performed on children who are not able to comprehend and weigh its advantages and disadvantages and thus cannot provide informed consent. The parents, however, cannot provide consent on behalf of the child to such routine circumcision because parental authority cannot justify acts that are against the child’s physical and mental health.

The proponent recommends that routine male circumcision on minors be prohibited in accordance with State duties mandated by the International Human Rights Conventions signed by the Philippines. However, taking due regard of the prevailing Filipino norms, a waiver mechanism is suggested which may allow parents and guardians to validly consent to the procedure provided they are sufficiently informed of all its the risks and benefits. The proponent further recommends untrained circumcisers be prohibited from performing the procedure.