Tasmania report calls for a ban on circumcision

A 101-page report released by the institute recommends that the state government ban circumcision except in cases of medical necessity or well-established religious and ethnic motives.

It also recommends that doctors performing circumcisions be subject to criminal prosecution if they fail to meet a proposed new set of minimum standards, and that parents who cannot agree on whether to have their sons circumcised be referred to a court for mediation.

The proposals appear to reflect a growing push by child welfare advocates to outlaw circumcision of boys for non-medical reasons.

In June a court in Germany sparked international controversy when it ruled that the practice constitutes “illegal bodily harm” of a minor.

Surgical removal of the foreskin was once routinely performed on newborn boys in Australia but the practice has declined markedly since the 1970s, as paediatricians questioned its necessity. However it is still routinely requested by Jewish and Muslim parents, who consider it an important rite, and some public-health scientists advocate it as a disease-prevention measure.

The Tasmania Law Reform Institute report was prompted by a referral in 2008 from the state's then-commissioner for children, Paul Mason. Mr Mason is a vehement opponent of non-medical circumcision, which he has likened to child sexual abuse.

The report, which was released this morning, describes circumcision as “an assault and a wounding” and says current law is unclear about whether doctors or parents could face criminal liability for authorising it on a child who is incapable of giving consent.

The solution it proposes is for the state government to introduce “a new and separate offence generally prohibiting the circumcision of incapable minors in Tasmania”, except in cases of medical necessity and “well-established religious or ethnicity motivated circumcision”.

The proposal would effectively ban circumcision for cosmetic or hygiene reasons while allowing Jews and Muslims to continue their practices.

The report also recommends new criminal laws which would set minimum standards of pain relief, practitioner-skill and surgical technique, to be enforced by “an existing health regulatory body”.

It says the government should enact a law to require court authorisation for a circumcision whenever parents disagree about the desirability of the procedure.

Circumcision is still refundable under Medicare but the federal Health Department is currently reassessing that arrangement as part of a general review of paediatric services. Circumcision of boys for non-medical reasons is no longer offered in public hospital wards in any Australian state or territory, except Queensland.