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The head of the Central Committee of Jews, Dieter Graumann, said the ruling was "an unprecedented and dramatic intervention in the right of religious communities to self-determination."
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NEW YORK/BERLIN (EJP-AFP)---The Anti-Defamation League (ADL) has expressed strong support for the call by the Jewish community in Germany for parliament to quickly pass legislation specifically protecting circumcision as a religious practice.
The call followed a regional court ruling in Cologne that circumcising young boys is a crime that causes “grievous bodily harm.”
ADL noted that circumcision of newborn male infants is a “core religious rite of Judaism.”
The Cologne court ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents.”
"The religious freedom of the parents and their right to educate their child would not be unacceptably compromised, if they were obliged to wait until the child could himself decide to be circumcised," the court added.
The case was brought against a doctor in Cologne who had circumcised a four-year-old Muslim boy on his parents' wishes
A few days after the operation, his parents took him to hospital as he was bleeding heavily. Prosecutors then charged the doctor with grievous bodily harm.
The doctor was acquitted by a lower court that judged he had acted within the law as the parents had given their consent.
On appeal, the regional court also acquitted the doctor but for different reasons.
The regional court upheld the original charge of grievous bodily harm but also ruled that the doctor was innocent as there was too much confusion on the legal situation around circumcision.
The court came down firmly against parents' right to have the ritual
performed on young children.
"The body of the child is irreparably and permanently changed by a
circumcision," the court said. "This change contravenes the interests of the child to decide later on his religious beliefs."
The decision caused outrage in Germany's Jewish community.
The head of the Central Committee of Jews, Dieter Graumann, said the ruling was "an unprecedented and dramatic intervention in the right of religious communities to self-determination."
The judgement was an "outrageous and insensitive act. Circumcision of newborn boys is a fixed part of the Jewish religion and has been practiced worldwide for centuries," added Graumann.
"This religious right is respected in every country in the world."
Abraham H. Foxman, ADL National Director, said in a statement: “Circumcision of newborn male children is a core religious rite of Judaism, practiced by Jews around the world. The decision by a district court in Cologne, Germany, to deem non-medical circumcision a crime places an intolerable burden on the free exercise of religion by Jews and also by Muslims who practice male circumcision as part of their religious faith.”
He added: “We support the call by the Central Council of Jews in Germany for the German parliament to quickly pass legislation specifically protecting circumcision as a religious practice. Germany’s commitment to religious freedom requires nothing less.”
“We hope and believe the German parliament will have the political will to do so. Germany has dedicated itself to re-building Jewish life, and the consequences of a ban on circumcision would be a devastating blow to the future of the Jewish community. While the ruling by the court in Cologne does not appear to have anti-Semitic intent, its effect is to say “Jews are not welcome,” Foxman said.