Circoncision et responsabilité du médecin

A German Court recently ruled that the circumcision of a child without his consent performed by a doctor for religious, non-medical reasons, constituted an offence. The consent of the child's parents to the procedure is not sufficient, prior consent of the child being requested. The freedoms of religion and education of the parents do not prevail on the child's right to physical integrity and to his freedom to choose his religion affiliation. Although controversial, this ruling provides for the first time a legal frame for religious circumcisions of children in Germany. Such framework does not currently exist in France. Faced with this legal uncertainty, this article analyses the criminal and civil liability of a doctor performing the same procedure in France.