It is a basic tenet of human rights law that one right may well conflict with another. The classic case is the right to privacy vs. the right to free speech. Regarding the circumcision of young boys for religious reasons, children’s right to physical integrity conflicts with parents’ right to freedom of religion. As many of its resolutions show, the assembly has been a strong supporter of religious rights. But in this case, when considering the relative weight of the human rights in question, the assembly gave precedence to the rights of children.
There is not, and cannot be, a “right” to circumcise young boys. Children are not mini-beings with mini-human rights. By contrast, in an accompanying recommendation, our assembly invited European governments to consider making “children’s right to physical integrity” a continent-wide standard.
The assembly’s resolution cannot be rescinded or altered. However, as we hoped, debate is underway — though not always in the most focused or productive manner. (What does it say about the quality of opponents’ arguments if calling for a public debate is seen as a precursor to oppression and pogroms?) For our part, we will do our best to take that debate forward: On Jan. 28, my committee will hold a follow-up hearing on circumcision. We hope that Jewish and Muslim religious leaders, as well as medical experts, will come together to discuss this further.
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