CIRCUMCISION OF MALE INFANTS RESEARCH PAPER,
Queensland Law Reform Commission.
December 1993.
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1. INTRODUCTION
(a) Terms of Reference
This reference is part of a wider reference given to the
Commission by the Attorney-General in its Fourth Programme of
work.1 The full terms of the reference are set out in item 4
of the Programme, namely:
"Examine the rights relating to consent to medical procedures
by:
(a) children
(b) intellectually disabled adults (including consent to
sterilization.
The Commission has divided the terms of reference into two major
parts. The first part concerns consent by young people to
medical procedures. The second part concerns consent to medical
procedures on intellectually disabled adults.2
The first part of the reference has been divided into distinct
research projects to enable the Commission to deal with
particular issues in detail and to avoid confusion between
seemingly disparate matters. The research projects currently
being undertaken include:
(i) consent to medical examinations in child abuse cases;
(ii) female genital mutilation
(iii) male circumcision
(iv) general legislation on consent to medical treatment
of young people
(v) sterilisation of young people.
(vi) treatment of severely defective neonates.
This Research Paper concerns item (iii) above.
(b) Consultation
In May and June 1993 advertisements were placed in the
Courier-Mail calling for public submissions on Consent by Young
People to Medical Treatment. An Information Paper outlining a
wide range of issues was available to assist anyone interested
in making a written or oral submission. Also a number of media
interviews were given by a member of the Commission to elicit
public interest in the matters being dealt with.
Approximately 300 copies of the information paper have been
distributed and, to date, approximately 160 oral and written
submissions have been received. 24 of these submissions relate
specifically to consent to circumcision of male infants.
In addition, a number of individuals and organisations with a
particular interest in male circumcision have been approached
for information and opinions on relevant matters raised by the
reference. The assistance of those who have made submissions
and others who provided information and comments to the
Commission in the preparation of this paper is greatly
appreciated.
(c) The Need for Reform and the Commission's Approach
From the Commission's research to date, it is apparent that
there are two quite vocal sides of the debate on routine infant
male circumcision. One side advocates the practice, primarily
on a preventative health basis or on religious grounds. The
other side opposes the practice, primarily on human rights and
preservation of bodily integrity grounds. Both sides rely on
medical evidence and opinion to support their views.
This Research Paper has been produced to assist the Commission
in understanding the issues and arguments on the topic of
routine infant male circumcision. It is being circulated to
individuals and organisations with an interest or expertise in
the issues raised, to verify the accuracy and significance of
the information contained in the Research Paper, and to seek
suggestions as to the most appropriate approach to adopt.
There will be wider community consultation on routine infant
male circumcision and other matters to be dealt with during the
course of this reference, and at a later date.
Notes:
1 Fourth Programme dated September 1990.
2. The latter part is being dealt with by the Commission in its
forthcoming Report on Assisted and Substituted Decision-
Making.
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Cite as:
- Circumcision of Male Infants Research Paper. Queensland Law Reform Commission. Brisbane 1993.
(File prepared 15 May 1998, Revised 13 January 1999, 5 May 2000)