Circumcision

Abstract

Currently in New Zealand, new-born and infant male circumcision is legal and generally considered an ethical procedure if it is performed with informed parental consent and by a competent practitioner. However, given the decision of the Cologne Regional Court should that still be the position? In order to establish whether or not a parent or guardian in New Zealand can and should be able to consent to the circumcision of their child for religious and cultural reasons. This paper defines male circumcision and briefly looks at the main cultural and religious justifications for the procedure. In addition, this paper sets out and then use the findings of the Cologne Regional Court when they balanced the competing rights of the parent in Art 4(1) and Art 6(2) of the Basic German Law (GG) against the child’s rights in Art 2(1) and (2) 1st sentence GG and establish whether or the same approach should be taken in New Zealand. This paper then look at when or if the state should interfere with the rights conferred to parents and guardians to make decisions regarding their child’s culture, religious denomination and practice by first establishing the current position and then balancing the competing rights of the child and parent in the Bill of Rights Act 1990. In conclusion, the paper suggest a possible way forward.