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Peter W. Adler, Esquire ARC Legal Advisor hese are preliminary and unpol ished (but hopefully useful or at least provocative) thoughts as to whether nontherapeutic circum cision is quack medicine. Which is also to ask: Are physicians who circumcise healthy boys quacks? Definitions. The word “quack” derives from the Dutch word “quacksalver,” meaning a boaster or hawker who ap plies a salve. “Quacks” also loudly promote their wares like quacking ducks. “Quack medicine” is the pro motion of products for profit as having curative powers that are unproven or ineffective, or that may be harmful. According to the FDA, medicines and treatments are quack medicine if they are worthless or dangerous. Quackery can include deceit, such as falsely portraying oneself as a doctor, or fraudulent medical practices. Ordin arily, “quack medicine” refers to false medical claims regardless of the pro moter's intent. Thus, we are not asking whether those who promote circum cision are frauds, although that will be the next question. John V. Geisheker Doctors Opposing Circumcision, Executive Director ircumcision is surely the only surgery that parents may freely attempt at home. But since most parents only have a few boys, they do not get much practice. Religious circumcision provides ‘cover’ for the homespun variety by lending its holy cachet and total lack of regulation. That is, because parents can allege that they had holy Newsletter © ARC Spring 2013 Volume 10, Issue 1 (Whole Number 28) 2961 Ashby Ave., Berkeley, CA 94705 Fax/phone: 5104644530 www.arclaw.org email: [email protected] J. Steven Svoboda......... Executive Director Georganne Chapin.......... Technical Advisor David Wilton....................... Legal Strategist Peter Adler .............................. Legal Analyst Marc Angelucci..... Gender Equity Strategist David Miller ......... Director, ARC Kentucky David Llewellyn............. Litigation Advisor Anthony Levin..... Director, ARC Australia Travis Konzelman. Networking Coordinator Jonathan Friedman... Web/Newsletter Editor Jeff Borg........................... Graphic Designer Associates of Attorneys for Rights of the Child receive no compensation. All contri butions are tax deductible and go directly towards paying the expenses of protecting children’s genital integrity. Your comments regarding the ARC Newsletter and its contents are welcomed. [email protected] Karen Glennon Tue., March 26 – Mon., April 1 enital Integrity Awareness Week has come and gone and like each of the last eight years I have attended, I am left with linger ing memories of conversations and faces that I carry with me – some in spiring and some haunting. C T G
36

Is Circumcision Quackery

Apr 04, 2023

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Page 1: Is Circumcision Quackery

Is Circumcision Quackery?Peter W. Adler, Esquire

ARC Legal Advisorhese are preliminary and unpol­ished (but hopefully useful or atleast provocative) thoughts as

to whether non­therapeutic circum­cision is quack medicine. Which is alsoto ask: Are physicians who circumcisehealthy boys quacks?

Definitions. The word “quack” derivesfrom the Dutch word “quacksalver,”meaning a boaster or hawker who ap­plies a salve. “Quacks” also loudlypromote their wares like quackingducks. “Quack medicine” is the pro­motion of products for profit as havingcurative powers that are unproven orineffective, or that may be harmful.According to the FDA, medicines andtreatments are quack medicine if theyare worthless or dangerous.Quackery can include deceit, such asfalsely portraying oneself as a doctor,or fraudulent medical practices. Ordin­arily, “quack medicine” refers to falsemedical claims regardless of the pro­moter's intent. Thus, we are not askingwhether those who promote circum­cision are frauds, although that will bethe next question.

Green Light forHome Circumcisions?

John V. GeishekerDoctors Opposing Circumcision,

Executive Directorircumcision is surely the onlysurgery that parents may freelyattempt at home. But since most

parents only have a few boys, they donot get much practice.Religious circumcision provides ‘cover’for the homespun variety by lending itsholy cachet and total lack of regulation.That is, because parents can allege thatthey had holy

Attorneys for the Rights of the Child

Newsletter© ARC Spring 2013 Volume 10, Issue 1 (Whole Number 28)

Protecting Children's

Bodily Integrity

Attorneys for the

Rights of the Child

2961 Ashby Ave.,Berkeley, CA 94705

Fax/phone: 510­464­4530www.arclaw.org

email: [email protected]. Steven Svoboda......... Executive DirectorGeorganne Chapin.......... Technical AdvisorDavid Wilton....................... Legal StrategistPeter Adler.............................. Legal AnalystMarc Angelucci..... Gender Equity StrategistDavid Miller......... Director, ARC KentuckyDavid Llewellyn............. Litigation AdvisorAnthony Levin..... Director, ARC AustraliaTravis Konzelman. Networking CoordinatorJonathan Friedman... Web/Newsletter EditorJeff Borg........................... Graphic Designer

Associates of Attorneys for Rights of theChild receive no compensation. All contri­butions are tax deductible and go directlytowards paying the expenses of protecting

children’s genital integrity.Your comments regarding the ARC

Newsletter and its contents are [email protected]

2013 Genital IntegrityAwareness Week

Karen GlennonTue., March 26 – Mon., April 1

enital Integrity AwarenessWeek has come and gone andlike each of the last eight years

I have attended, I am left with linger­ing memories of conversations andfaces that I carry with me – some in­spiring and some haunting.

C T

G Peter W. Adler

. . . continued on p.5

. . . continued on p.4 John V. Geisheker

Karen Glennon

. . . continued on p.7

Page 2: Is Circumcision Quackery

page 2 Attorneys for the Rights ofthe Child Newsletter Spring 2013

Executive Director's MessageJ. Steven Svoboda............................ 2

Op-Eds

Inside this Issueell, what a remarkable rideour work to protect children’shuman rights has given us

lately. A number of surprising, mostlypositive events have taken place evensince our last newsletter that could neverhave been predicted. And among thegood news that we could have foretold, itcontinues to be the happy truth that somany folks are getting involved in in­tactivism that it is impossible for us to allknow each other.Fearless Newsletter Editor and Webmas­ter Jonathan Friedman continues to vali­antly chip away at our numerousprojects, including keeping our websiteup to date and pounding out two or threenewsletters each year, whatever far­flungportion of the globe happens to be hiscurrent location. Legal Advisor PeterAdler has kicked into even higher gear,with an upcoming publication about whycircumcision is illegal and two articles inthis newsletter issue. Our social net­working team, including Social Net­working Coordinator Travis Konzelmanand CircumcisionandHIV.com Curatorand attorney David Wilton continues toadd significant value to our efforts tokeep others updated on our efforts. An­thony Levin, formerly Director of ARC­UK, has moved and is now Director ofARC­Australia.Right now I am hard at work writing apaper on the illegality of circumcision forthe medical ethics conference at Charle­ston’s Medical University of South Car­olina in October. I am also writing apaper about developments in Germanyand worldwide regarding genitalautonomy for presentation at a confer­ence at the University of Keele in the UKin September. A team of lawyers isworking with me to analyze the earlyhistory of three core United Nationsdocuments to prove human rights back­ing for a right to genital integrity.The Journal of Medical Ethics

(JME)—one of the world’s leadingjournals on medical ethics—is poised torelease its hotly anticipated special issueon circumcision, which includes two ofmy articles—more about those in aminute—as well as an article on circum­

W

cision and the right to an open future bymy longtime collaborator Robert Darbyand an article on circumcision and par­ental rights by my regular co­author,pediatrician Robert S. Van Howe, M.D.The JME paper by Bob Van Howe andme leads off the JME special issue, ar­guing that the American Academy of Pe­diatrics’ (AAP’s) position regarding malecircumcision lacks credible support. Ourpaper has already led the JME to alsopublish a response by the AAP in whatour press release calls “an ill­fated at­tempt to justify the medically and eth­ically flawed arguments in its policystatement and technical report.”In the words of the JME’s own press re­lease describing my other JME article,“Human rights lawyer J. Steven Svobodagoes a step further and argues that cir­cumcision is a clear­cut human rightsviolation, whether it is performed onboys or girls, and whether for religiousor secular reasons. Surveying the basis ofhuman rights law in Western societies,Svoboda shows that circumcision may beconsidered inconsistent with the mostwidely accepted interpretations of keyhuman rights documents, including theUniversal Declaration of Human Rightsand the United Nations Convention onthe Rights of the Child.”

Executive Director's Message

Steven Svoboda with his

kids Eli (11) and Sarita (8)

Is Circumcision Quackery?Peter W. Adler, Esquire.................... 1Green Light for Home Circumcisions?John V. Geisheker.............................1

GIAW 2013: March 26 ­ April 12013 Genital Integrity Awareness WeekKaren Glennon................................. 12013 Genital Integrity Awareness WeekJonathan Friedman........................12“Bloodstained Men” ProvocativelyProtest their Circumcisions in D.C. asGenital Integrity Awareness WeekMarks 20th YearBloodstainedMen. . . . . . . . . . . . . . . . . . . . . . . . . . 14'Intactivists' Seek Support from Gay­Marriage SupportersBetsy Woodruff.............................. 14Anti­Circumcision Protesters Cut IntoSupreme Court SceneBenjamin R. Freed......................... 15

Grassroots Intactivism

Bay Area Intactivists

Association of American MedicalColleges DemonstrationBrother K........................................23Protest Served at Physicians' AnnualDinnerJonathon Conte.............................. 25Intaction.org Clinton Protest

Human Rights Activists DemandClinton Foundation End Exploitationof AfricansIntaction. org...................................25

Page 3: Is Circumcision Quackery

Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 3

Intactivist attorney Rebecca Wald and JSS

Gillian Longley (left) ,

Miriam Pollack, and JSS

ARC Updates

More Than $80M Paid Out forBotched CircumcisionsHugh Young....................................18Steven's Los Angeles Radio ShowsOverview IntactivismARC................................................ 18In Search of Fatherhood Issues PressRelease Regarding ARC and AgainReprints Steven's WorkARC................................................ 19Steven Debating AAP's Dr. MichaelBrady at Doctors' Ethical ConferenceARC................................................ 19Richmond Journal of Law and thePublic Interest Publishes Article byARC's Peter AdlerARC................................................ 19ARC's Legal Advisor Submits Responseto AAP News ArticleARC................................................ 19

Contents of Special Issue on Ethics ofCircumcisionARC................................................ 16New Article Finds Fault With PediatricOrganization’s Support for Circumcision,Provoking a Formal ResponseARC................................................ 17JME Article by Steven and Bob VanHowe Favorably Mentioned by theJewish PressARC................................................ 18

JME Announcements

Our press release about the AAP waspicked up by the Orthodox Jewish pub­lication The Jewish Press.Traffic to our website appears to havequadrupled in the wake of our recentlyreleased list of all known significant leg­al awards and settlements in circum­cision­related lawsuits.This issue is stuffed with great contribu­tions: 1) Legal Advisor Peter Adler pro­vocatively argues that male circumcisionis medical quackery; 2) John Geishekercontributes his usual distinctive, thought­provoking meditation on the strange leg­al status accorded home circumcisions;3) Peter Adler strikes again with atrenchant response to a horrendous piecerecently published in the AAP News; 4)Exclusive to the ARC Newsletter, a spe­cial section on the expected CanadianPaediatric Society position statement onmale circumcision, including ARC’s re­cent letter to the CPS; 5) photoreports onGenital Integrity Awareness Week inWashington, DC; 6) reviews of two su­perlative recent books by friends of themovement, Robert Darby and R. CharliCarpenter; and 7) News reports includingthe Bill Clinton protest that receivedwidespread press attention.As always, we are more grateful than canbe expressed in words for the supporteach of you offers us, be it financial,emotional, logistical, as colleagues, or acombination of these roles. I have said itbefore and will keep on saying it­­we lit­erally could not do it without you! Ashas always been the case since we star­ted, 100% of all tax­deductible donationsgo directly to defraying the costs of safe­guarding children. Donations can besent to J. Steven Svoboda, ARC, 2961Ashby Avenue, Berkeley, CA 94705, ormade through paypal at our website(www.arclaw.org/donate) or using thepaypal address [email protected] SvobodaExecutive Director

Steven and ARCWebmaster and

Newsletter Editor Jonathan Friedman

President Clinton's Event Disruptedby Anti­Circumcision ActivistsDeirdra Funcheon..........................26Intaction Protesters Disrupt ClintonFoundation Event by Calling Attentionto African Circumcision ExploitationAnthony Losquadro........................ 26Stop Exploiting AfricansGary Costanza............................... 27

Page 4: Is Circumcision Quackery

page 4 Attorneys for the Rights ofthe Child Newsletter Spring 2013

motives when the heat comes on, whatwould normally constitute child sex ab­use gets a free pass.If that were not disturbing enough, wenow see a new trend: laws in Californiaand Germany protect home circumcisionfrom oversight or challenge. In NewYork, a new consent form ‘regularizes’septic and dangerous oral­genital contactof the bleeding boy. More such laws canbe expected.Anglo­American law has always shortedchildren. They began as chattel and havebarely progressed to actual ‘person’ in800 years. The law has not yet focusedon the legality of non­therapeutic genitalcutting on male minors. But there aresome case­by­case legal precedents forguidance.Being forced to call 9­1­1 is a red flagthat sloppy circumcision techniques wereemployed. This might embarrass the lar­ger community, requiring a sanction forthe inept, if only for simply being inept.The number of ‘successful’ home cir­cumcisions—no 9­1­1 call needed—iscompletely unknown.Bathtubs as surgical venues are not ideal,suggesting a convenient drain for hemor­rhage, and thus, premeditation of therisk. Kitchen tables are problematic, withor without the dishes cleared. Kitchentables of urologists are perfectly OK.As for tools, linoleum cutters, huntingknives, swords, box cutters, etc., are notas tolerable as scalpels, due to the visual‘ick’ factor.Hemostasis is important—as the failuretherein is embarrassing to hearabout—and horse styptic powder, despitethe suggestion of maximum effective­ness, seems an inadequate agent for con­trolling bleeding.Ice is not the most convincing anesthetic,if use of anesthesia is claimed as a de­fense. No anesthesia is probably betterthan pathetic efforts—which suggest ad­mission of pain—and are easier to de­fend in the courts as being similar toclinical settings. Wine as anesthetic for a

minor is okay if the minor is an infant.Older children—probably not so much.Age only sort­of matters. Infants are al­ways fair game. Unwilling 14­yr­olds?Less so. A 14­year­old boy from Oregonresisted a forced circumcision occasionedby his Dad’s dubious religious conver­sion. His urologist testified under oaththat boy’s preferences were irrelevant,suggesting that boy would need to bedrugged or restrained. The boy won onremand after five­year struggle.Religious motivation claimed—no proofneeded—will be given HUGE accom­modation. For example, Old Testamentmotives in hands of fundamentalistChristian are frowned upon, as onemother was sentenced to home probationafter botching her son's circumcision.Any good attorney could look at Califor­nia's AB 768 and find the languageneeded to suggest that California lawgives a green­light to home­grown cir­cumcisions, providing a loophole a first­year law student could drive a semithrough. The 2012 German law legaliz­ing circumcision is similarly indulgent.Circumcision opponents have begun tocall such laws, accurately, “box­cutterlaws.”Were it not completely immoral for me, Iwould be prepared to defend a parentwho claimed in good faith to understandCalifornia law as an open invitation toobey Biblical mandates using tools athand—rocks, pot shards, sharpenedsticks—biblical style (cf: Abraham andIsaac). Or, this being the bronze age,copper knives.Yes, I’m bitter—sadly this is verifi­able—but that’s because I have been do­

Wine drips from the mouth ofan

8-day-old baby during a bris

(Jewish circumcision) ceremony

. . .Green Light for Home Circs? from p. 1

Canadian Pediatric Society

Pediatricians Set to Soften Stance onCircumcisionSharon Kirkey.................................21ARC Sends Letter to CanadianPediatric SocietyARC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Berkeley Symposium ProceedingsPublishedARC................................................ 20Steven's Paper on Genital AutonomyPublished, Praised by Anti­FGC ScholarARC................................................ 20

Book Reviews

Review: The Sorcerer's ApprenticeReview by J. Steven Svoboda......... 28Review: Forgetting Children Born ofWar: Setting the Human Rights Agendain Bosnia and BeyondReview by J. Steven Svoboda......... 29

Consent Rule May Proceed for aCircumcision RitualSharon Otterman............................31Penn Researchers Charge OrthodoxMisused Report on CircumcisionRite, Claim Findings on MetzitzahB'Peh Were DistortedSeth Berkman................................. 31Circumcision Controversy EndangersFight To Keep Rite Legal in GermanyA.J. Goldmann, Donald Snyder

and Nathan Jeffay.......................... 32

Metzitzah B'peh

News

Queens Infant Disfigured in BotchedBris, Lawsuit ChargesJames Fanelli................................. 34Parents Sue South Carolina forSurgically Making Child FemaleHolly Yan and Joe Sutton............... 35

Page 5: Is Circumcision Quackery

Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 5

Quacks are often called “snake oil sales­men.” These were men who sold worth­less remedies in North America duringthe mid­19th century.Methods. What are the methods ofquacks, and do some American physi­cians and their trade associations usethose methods?As depicted in Westerns, quacks wouldcome unannounced to a new town, gath­er large audiences, build trust by claim­ing to be doctors and by having 'plants'in the audience, make as much money aspossible selling worthless products, thenget out of town quickly before peoplelearned that what they had bought had nomedicinal value. Quacks are in it solelyfor the money.Circumcision, likewise, is a multi­bil­lion­dollar, vertically­integrated businesswhich supplements the incomes of phys­icians and hospitals. The AmericanAcademy of Pediatrics (AAP) is a tradeassociation, after all. As such, it has aninterest not only in promoting the healthof children, but also in protecting the in­come of physicians.The 2012 American Academy of Pediat­rics Task Force on Circumcision (TFOC)perhaps inadvertently concedes thatphysicians are in it at least in part for themoney. The opinion states that it is theproduct of a multidisciplinary task forceof AAP members and other stakeholders,including other medical associations (ofobstetricians, who perform most circum­cisions) and medical specialists. “Stake­holder” means “a person or group thathas an investment, share, or [financial]interest in something as a business or in­dustry.” Physicians are entitled to makemoney, but not by performing medically

unnecessary surgeries at the expense ofhealthy boys.Quacks aggressively promote theirproducts and cures. The AAP, represent­ing all American pediatricians, has ag­gressively promoted circumcision since1971, even though in none of its officialstatements has it ever recommended thesurgery. For example, in 2012, the TFOCissued a press release to the media aboutthe supposed medical benefits of circum­cision, and its claims were published inleading newspapers.An article in AAP News this April in­forms all American pediatricians that it isa good and acceptable practice to solicitconsent to circumcision from all parents.Years ago, a Harvard physician asked mywife and myself whether we wanted tocircumcise our newborn son, eventhough we had never given circumcisiona thought. American physicians and theirtrade associations certainly promote cir­cumcision aggressively, while the RoyalDutch Medical Association counsels itsphysicians to use their best efforts to de­ter parents from circumcision.Quacks may claim that their product orservice has been “Used for centuries!”,suggesting that this proves its effective­ness. In litigation in San Francisco, aprincipal argument of the proponents ofcircumcision was that it has long beenthe most common surgical procedure inAmerica. How long a procedure has beenused has nothing to do with whether ornot it has medicinal value. Cave paint­ings depict drilling holes in the brain torelease evil spirits, and it used to becommonplace to use leeches to drawblood until fairly recently. Both of thesepractices are now considered ineffectiveand harmful.

Quacks are also known as “con men,”from the word confidence. They mustgain the trust or confidence of their vic­tims. It is easy for physicians to gain thetrust of laypeople. After all, they havespent years becoming M.D.'s, while therest of us know next to nothing aboutmedicine. We have no choice but to trustand to rely upon physicians to be honestwith us about our health and the health ofour children.Quacks also may prey upon people's in­capacity, emotions, and fears, as do someAmerican physicians in the context ofcircumcision. In America, where the sur­gery is commonplace, parents are likelyto be completely ignorant about the fore­skin.For example, few Americans know thatthe foreskin is a moist mucous mem­brane, not an extraneous piece of skin,that it is fused to the glans at birth, that itprotects the glans from infection, or thatit has immunological properties. Physi­cians are unlikely to enlighten them: the2012 AAP opinion, for example, makesno mention whatsoever of the functionsof the foreskin, even though they are wellknown amongst the international com­munity. Parents may never have dis­cussed circumcision with their spousesbefore the birth of their child (my wifeand I had not), let alone with theirfriends.Physicians solicit consent from motherswhen they are recovering from givingbirth, usually with drugs, and are un­likely to be thinking clearly. In my case,my wife, a physician, told me, “you de­cide,” the only medical decision that sheever deferred to me in our thirty years ofmarriage. Thus, physicians who solicitconsent to circumcision from mothers

. . . Is Circumcision Quackery? from p. 1

ing this work full­time, for nearly 14years, during which time more than 15million U.S. boys have been subjected tomedical fraud and the whims of parentsbesotted by 200BCE superstition, or 19thcentury anti­sexual superstitions that pre­germ MDs invented and refuse to ‘unin­vent.’ And, of course, the prospect foreasy money.

It is not much more complicated thanthat, I am very sorry to relate. John D. Geisheker details the astonish-

ing lack of regulation on home circum-

cisions in an article found here:

http://newmalestudies. com/OJS/in-

dex. php/nms/article/view/60

Baby Dies in Israeli Hospital FollowingCircumcisionYori Yanover .................................. 36R2.2m for Boy's Botched Circum­cisionSharika Regchand ......................... 36

Page 6: Is Circumcision Quackery

page 6 Attorneys for the Rights ofthe Child Newsletter Spring 2013

take advantage of their vulnerable posi­tion, of which physicians must be aware.In Europe, both parents must give theirconsent to circumcision, but in America,the consent of one parent is legally valid(if fully informed). Thus, physicians cantarget whichever parent seems morelikely to consent. Men make especiallyeasy targets. In 2000, approximately79% of American men were circumcised.American physicians know that fatherswho are circumcised often want their sonto “to look like them.” Physicians arelikely to tell parents that this is a validreason for choosing circumcision, eventhough that reason has nothing to do withmedicine.In soliciting consent, physicians are alsolikely to frighten parents by mentioningpenile cancer and HIV. The only reasonto mention these diseases to parents is tofrighten them into consenting, insofar asinfants are not at risk of penile cancer orSTDs, and circumcision does not preventthose diseases.In hawking their wares, snake oil sales­men would pretend that supplies werelimited or that time was limited, pressur­ing people to buy. Likewise, Americanphysicians often ask parents shortly afterthe birth of a boy, “Have you decidedwhether or not to circumcise your son?”,pressuring them to decide, when the par­ents may never have thought of it before­hand. And if parents say “no,” Americanphysicians reportedly often badger par­ents, pressuring and intimidating them.They may then claim, for example, thatcircumcision is best performed on new­borns, who are best able to tolerate thepain. How many parents have said “no”only to be badgered until they said“yes”?Quacks are not “transparent”: they mayconceal the truth. For example, quacksdid not disclose the ingredients of theirelixirs—usually readily available flu­ids—until federal regulations required it.Similarly, the 2012 AAP circumcisionpolicy statement does not disclose con­flicts of interest to the public, eventhough this is standard medical policy inpublishing articles. A person has a con­flict of interest when his activities or in­

terests can be advanced at the expense ofanother person. The 2012 AAP circum­cision policy statement states that con­flicts, if any, have been disclosedinternally, which is of no value to thepublic. I recently submitted a response toan AAP News article, and the AAP re­quired me to publicly disclose conflictsof interest, yet it failed to do so itself inits 2012 opinion.Obviously, it is important to knowwhether the male members of the 2012AAP Task Force on Circumcision arecircumcised themselves (in which casethey are unlikely to oppose it), andwhether they are Jewish and believe thatcircumcision is commanded by their God(in which case it furthers their intereststo promote circumcision). Are they paidto circumcise? The probability is highthat many members of the TFOC haveconflicts of interest which they failed todisclose, so we should be suspiciousabout their medical claims.The TFOC's members did not includeany European physicians—who tend tobe opposed to circumcision—anyEuropean men with foreskins, any intact­ivists who are opposed to circumcision,any men seriously injured by circum­cision, or any men angry to have beencircumcised against their will. Thus, theAAP did not seek or want unbiased opin­ions. In a recent article in the AAP's Pe­diatrics journal, a large group ofEuropean physicians stated that theAAP's 2012 Policy Statement on Cir­cumcision showed an obviouscultural bi­as and was out of step with theprevailing view on the subject in Westerncountries.Even though many articles during thepast decade have questioned the legalityof circumcision, the AAP has simply re­peated its claim that parents have theright to make the circumcision decisionfor religious, cultural, and personal reas­ons, which is to say for any reason, evenon a whim, without responding to argu­ments to the contrary. The AAP does notengage in an open dialogue with physi­cians, ethicists, lawyers, and intactivistswho hold opposing points of view. TheAAP does not appear to be interested infinding out the answer to: What ethicaland legal rules apply to circumcision?

When the AAP issued its 2012 circum­cision policy statement online, it quicklystopped publishing replies. The AAP ap­pears to be lobbying legislators behindthe scenes to reinstate Medicaid coverageof circumcision in some states withoutgiving the public an opportunity to com­ment, even though it has been compel­lingly argued that it is unlawful forphysicians to use Medicaid to pay forcircumcision. In short, the AAP is elu­sive, not transparent.Quacks often claim that their remedy is“backed by scientific studies,” and “citehundreds of publication, which may bemisinterpreted, outdated, irrelevant,and/or based on poorly designed re­search.” Physicians, ethicists, and law­yers have accused the AAP ofcherry­picking studies and of ignoringconflicting studies.Some quacks added turpentine to theirbottles to give them a medicinal smelland taste, which could have poisoned andkilled people. The TFOC claims that therisk of harm from circumcision is low,but contradicts itself by stating that itdoes not know the true extent of the in­juries, though it certainly should. TheTFOC also does not refer to the oft­citedclaim in a published article that the sur­gery kills over one hundred Americanboys per year. The AAP implies that cir­cumcision can be fatal only when per­formed in unsterilized settings. AttorneysFor the Rights of the Child has compileda growing list of settlements for negli­gently performed circumcisions, yetthere is no mention of these in the 2012AAP opinion.Thus, quacks act in callous disregard forthe safety and welfare of people they de­ceive. “Nor do quacks keepcount—while they fill their bank ac­counts—of how many people they lureaway from effective medical care intodisability or death.” A large part of theTFOC report discusses the supposed be­nefits of circumcision, with no evidentregard for the feelings or bodies of help­less newborn babies and injured men.According to American medical associ­ations, infants tolerate circumcision painwell (in fact, often no anesthetics areused), and serious injuries are “untowardevents.” American medical associations

Page 7: Is Circumcision Quackery

Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 7

have never mentioned and thus do notseem to care that many men are angry atphysicians and their parents about cir­cumcision, or that many parents regrethaving made the circumcision decision.In short, it certainly appears that the AAPand many American physicians use themethods of quacks to obtain consent tocircumcision.Quackery? Still, it remains to be asked,is circumcision quackery? Do Americanphysicians and their trade associationsmake unproven and false claims aboutthe surgery, and understate the risks? In anutshell, American medical associationsclaim that circumcision is a low risk pro­cedure that improves the health of boysand men, like immunizations, but is it?1. Starting in the late 1800's, physiciansfalsely claimed that circumcision curedor prevented a long list of diseases suchas epilepsy, and even claimed that itcured all diseases, when there was noscientific evidence for the claims.2. “Parents have the right to make thecircumcision decision for religious, cul­tural, or personal reasons,” which is to

say for any reason. Parental consent tomedical procedures is invalid unless ithas a valid medical basis.3. “Physicians have a right to operate onhealthy boys” at the request of parents.Even if circumcision has benefits, physi­cians do not have the right that theyclaim to perform it.4. “Circumcision prevents penile cancerand STDs including HIV.” These claimsare highly contested. Penile cancer(which is extremely rare), and STDs in­cluding HIV all occur in the UnitedStates where a high percentage of menhave been circumcised.5. “Circumcision has potential benefits.”Even if it does, it still does not benefitthe vast majority of boys and men.6. “The benefits of circumcision outweighthe associated risks.” Given that few boysand men benefit at all from circumcision,and that it risks serious injury and death,the risks clearly outweigh the benefits,not the reverse as the AAP claims.7. “Circumcision is not harmful.” Cir­cumcision harms all boys as by invading

living tissue, causing pain, increasingsensitivity to pain, possibly for life, andpossibly causing post­traumatic stressdisorder. It also leaves an “endless lineof wounded men” by removing up tohalf of the penile covering, disfiguringthe penis, reducing penile girth andlength, and leaving a scar, itself proof ofinjury.8. “Circumcision does not impair men'ssex lives.” Circumcision destroys normalsexual function, whereby the highlyelastic foreskin moves forward over theglans and back toward the base in a vir­tually frictionless “gliding action.” TheTFOC does not address studies showingthat circumcision removes the mostsensitive part of the penis, and reducessexual satisfaction for men and their fe­male partners.Conclusion. Discharging healthy boysfrom hospitals with their genitals intactis good for their health. Cutting off theirforeskins is painful, dangerous, and badfor their health. Circumcision is quack­ery and physicians who circumcise arequacks.

This year marked the 20th anniversary ofDavid Wilson’s presence in WashingtonDC to be a voice for children, to teach ofthe harms of circumcision, the benefits ofa foreskin and advocate for the right of allchildren to have dominion over their ownbodies. We had a large crowd of intactiv­ists to mark this milestone. It was won­derful to see representatives from themajor intactivist organizations present:NOCIRC, Intact America, Saving OurSons, Peaceful Parenting, The WholeNetwork, and ERIC to name a few. It’salways great to hear Marilyn Milos andGeorganne Chapin speak. They are so

GIAW 2013

. . .GIAW2013 continued from p. 1

Intactivists pose in front ofthe Supreme Court, GIAW2013, March 28

Grassroots Intactivism

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page 8 Attorneys for the Rights ofthe Child Newsletter Spring 2013

knowledgeable and proficient with thepublic. This movement is growing andgaining momentum. I strongly believe theeducation of future parents is crucial toending medical circumcision in America.The facts support ending it. The parentsjust need to have access to and under­stand the facts. While doctors could leadin ending this procedure, I don’t thinkthey will. I believe it will take large scalerefusal by educated parents before themedical community begins to examine itcritically. We won’t see that large scalerefusal until the parents understand howvaluable the foreskin is for their baby andthe man he will grow to become.This was the first time I’ve been able tobe present at GIAW every day. Crowdsseemed down from past years. I attributethis to a few things: A large portion ofthe west lawn was fenced for turf restor­ation, a consequence of the Inaugurationin January. The spring season was un­seasonably cold with not a cherry blos­som in sight which caused thepostponement of the Cherry BlossomFestival – an event that typically bringsthousands into the city.The first two days blessed us with an op­portunity to take our message to a largegroup of demonstrators outside of theSupreme Court building where issues ofmarriage equality were being heard bythe court. Our message of genital integ­rity was generally well received amongstthis audience. We were blessed to haveJames Loewen from Vancouver with usfor the week. James is a videographerand a historian for our movement. He re­corded two conversations I had whilethere.The first was with a Jewish man who sawit as a religious choice that the parent wasentrusted to make. When asked if Christi­an parents should be allowed to tattoo across on their child, he immediately said“No.” His reasoning was that it was apermanent mark on the child. He didn’tsee that his circumcision scar was a per­manent mark of his parent’s religiouschoice upon his body. When I elaboratedon the appropriateness of this he quicklysaid “But it’s for hygiene.”I gently pulled him back to the issue ofreligious freedom. He told me that he

didn’t practice his faith. We went on todiscuss hygiene and other aspects. I amthankful for his willingness to talk withme and have a dialogue. You can see thevideo here:http://youtube.com/watch?v=ZxfgMn9lGO0James recorded another memorable con­versation with a man in the medicalfield. (http://youtu.be/­dFUzrQBQq8)The video does not catch the part wherethis man discloses that he is Afghani.Here is a man with a deep cultural bias,likely a deep religious bias (he didn’tdisclose his religion) and an Americanmedical bias. Despite this, he was will­ing to talk. He was ignorant of the sexualfunction of the foreskin. He was inter­ested in data on HIV/AIDS. I was able toprovide him with a card specifically ad­dressing the circumcision/HIV connec­tion (or lack thereof). While I was notsuccessful in changing his mind on themedical aspects, he left our conversationadmitting that the rights of the boy havemerit and suggested we should stick tothat angle. Another seed planted.Back at the Capitol lawn, I and severalother intactivists spoke with a group of13­14­year­old school kids from Christi­ansburg, VA on a tour of the city. Oneyoung man stood out starkly from thegroup of kids. His maturity level waswell beyond his age. He is originally

from Cuba. He had a full understandingof the value of the foreskin and was con­fident to share that he was intact. Heasked for an “I love my foreskin” buttonand immediately pinned it to his sweat­shirt. His classmates were speaking theusual “Yuck, it’s dirty” myths. Theiryouthful disparaging comments didn’tfaze him.When speaking with minors, I have totread carefully with sexual education andanatomy, mindful to not get into toomuch sexual detail that can be construedas inappropriate. I stick exclusively toanatomy and science and leave out anysubjective material. Many of the kidstook info cards, even though they werelaughing off the issue. Many of them toldus they were circumcised. One boy didn’teven know if he was or not, asking us“What is it if it looks like a mushroom?”When we answered, he said somberly“I’m circumcised then.” It’s a painfulreality to learn that your body waschanged. A fellow intactivist told me asthe kids were leaving that one of theirchaperones was confiscating their infocards. I missed that censorship.I had a confident little girl, approxim­ately 8­10 years old, march right up tothe wall and say “I don’t think youshould be here.” I asked her “Why?” Sheresponded assertively “I don’t think thisis appropriate.” I looked behind her and

Gillian Longley (Colorado NOCIRC) educates passerby from the

West Lawn ofthe Capitol, GIAW2013, March 28

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 9

saw a man and a younger boy who ap­peared to be with her. I projected myvoice a bit to make sure he was able tohear what I was saying to her. I respon­ded by telling her that this was actually avery appropriate thing because, historic­ally, this is THE place to voice your dis­approval of legislative matters. When ourCongress has enacted a law that is not inaccord with our Constitution, it’s theduty of the people to protest and to speakout against it.The man behind her changed his de­meanor and began to seriously listen tome at this point. I explained that in someplaces in the world, they cut part off ofthe private parts of girls but that we pro­tect girls in America from that by a fed­eral law. I told her that in America, weoften cut off part of a boy’s private partswhen he is a baby, so we don’t give thatsame protection to boys! I explained thatthe 14th amendment to our Constitutionstates that we shall not enact a lawbiased against gender. She said “Oh, ok,I didn’t know that.” They all walkedaway thinking about it. I really admiredher confidence to march right up andspeak her mind. May she continue toconfidently bring questions to those lar­ger and more powerful that she is.I had awesome conversations on separateoccasions with two different Muslimmen. One was from Syria, the other fromAzerbaijan. Both were very interested in

the sexual function and anatomicalstructure of the foreskin. Neither hadever heard any of those biological facts. Icovered every aspect of circumcision thatI know! They were willing to view aninfo card that showed close­up photosdepicting the differences between thecircumcised penis and the intact one.They both took information cards withlinks to numerous sites for further re­search. They shared their religious per­spectives with me, both clearly statingthat it was not required by their religioustext. It was a great pleasure to speak tosuch open minds and to learn about cir­cumcision from their perspectives. I haveno doubt those men have gone on to lookinto the issue in greater detail using theresources I was able to provide.This year marked the first appearance ofthe Bloodstained Men and Their Friendsat GIAW. These intactivists, wearingwhite with red “bloodstains” on theirgenital area, present a stark image – onethat makes the direct connection thatevery circumcised baby grows up to be­come a circumcised MAN. It’s provocat­ive. They were present on the Capitollawn and also walked around the mallarea of the city interfacing with the pub­lic in many areas. They were a powerfulpresence, a thought provoking image anda conversation starter.It’s a powerful personal experience topublicly protest – to speak truth to power

(l. to r. ):Rob Tsvetkov, Karen Glennon, Jonathon Conte,

and Colleen Corcoran, GIAW2013, March 28

Emily Kirsch holds a reproduction of

Van Lewis' original sign, March 28

in our nation’s Capitol – the home ofCongress and our Supreme Court. I onlyhope to live long enough to be in front ofthe Supreme Court when they hear thisissue, and I firmly believe they WILLhear and debate this issue! The event atGIAW that has the greatest “protest” feelto me is the march from the Capitol tothe White House. I deeply appreciate thefreedom to speak out. Far too many inthe world don’t have this freedom. Cer­tainly the boys strapped down, enduringforced genital cutting didn’t have theirvoices heard and honored. It is the least Ican do to give my voice to their ignoredscreams.This year, we marched on the actual an­niversary of the signing of the FGM bill(March 30th). We assembled over 100people – many of them families withchildren. It’s a powerful picture to seeentire families and the next generation ofintact and/or educated children. It wasinteresting watching the responses of

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page 10 Attorneys for the Rights ofthe Child Newsletter Spring 2013

BloodstainedMen and Their Friends demonstrate on the National Mall, GIAW2013

DavidWilson in front ofthe

National Monument, GIAW2013

Alexander Partridge, GIAW2013

BloodstainedMen

and Their Friends

in front ofthe

White House after

marching from the

Capitol, GIAW

2013, March 30

drivers and their passengers as wewalked along the roadway. I rememberturning the corner and seeing a youngmuscular man driving a truck with thewindow down and his arm resting on thedoor frame. I could see a tribal motif tat­too on his bicep ­ peeking out from theedge of his tight t­shirt sleeve. He waslaughing at our signs. I made eye contactwith him, smiled and called out “Bodymodifications are an adult decision!”. Itapped my arm, hinting at his visible tat­too and said “I love your tat!”. He smiledand I watched the reality of my firststatement click in his head. He got it!Every year I come home with the face ofat least one man that haunts me for along while. On our return to the Capitollawn from the White House, we walkedto the Washington Monument and up theMall. I walked a while with the Blood­stained Men and Friends, engaging ineducational discussion along the way asthey handed out info cards. A few ofthese discussions got lengthy and I wassoon left behind.As I was making my way back by my­self, I came upon a young man andyoung lady sitting on a bench that hadcircumcision info cards in their hands.They appeared to be boyfriend/girlfriend.I asked if they had any further questions.She quickly said “No”. His body lan­guage said yes, although he remained si­lent. Something told me to ignore herand not to talk with them so I begantelling them the history of the medicaliz­ation of circumcision in America. Weended up having a long detailed conver­sation and the weight of what hadhappened to this young man fell uponhim right before my eyes. It was devast­ating to watch.

I assured him that parents who circum­cise their sons do so because they lovethem. Parents who leave their sons intactdo so because they love them. The dif­ference between these two parents iseducation. His face will be in my mind’seye and his sadness will weigh on myheart for a long time. As I hand out infocards to young men, I feel like I could besaying to them “Here’s your bomb,” be­cause I know that these young men, justbeginning their sexual exploration, areeager to learn any and all informationabout sexual anatomy and activity. Iknow they will go home and do furtherresearch. I know they will be devastatedand angry at what they learn. We havedone a wonderful job of putting the ana­tomical and functional facts together. Wehave done an excellent job of delving in­to ethics, law and bodily rights. What wedo not have is emotional support re­sources, mental health resources, griefcounseling resources. I see this as a gap­ing hole in our work to help victims/sur­vivors. I hope the mental health fieldcatches up quickly on this issue so thatmen can know that there are support re­sources for them and they are not alone.

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 11

Intactivists in front ofthe White House after marching from the Capitol, GIAW2013

Intactivists pose in front ofthe Capitol, GIAW2013

ARC needs your support.

Visit http://arclaw.org/donateto support ARC throughdonation or membership.

You can also donate a portion of yourAmazon. com purchases. Visit

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In the years that I have been doing faceto face education I have found that thekey to effectively getting people to thinkcritically on this issue is to find whatthey know, find what they think, andstart there. Most people have the willing­ness to talk as long as they feel heard. AsPeggy O’Mara once told me “Before youcan take a mother anywhere, you have tomeet her where she is.” The facts are onour side. The truth has its own longevity.What we have to have is the willingaudience to hear us. We have to presentour message in a way that shows that it issafe to speak with us, that we will notyell and attack. What inspires me so

much about GIAW is that we have somany willing to listen and ask questionsand sincerely engage with us. Hundredsof them are youth – future parents – whowill know the facts and who will say“HELL NO” and protect their baby boys.Bringing a painful truth to an ignorantpublic is emotionally draining. Making itto GIAW can have its difficulties for usall (financial, time constraints, familyand work commitments, etc). Gettingthere is so rewarding. One of the mostrecharging aspects of it is spending timewith other intativists: learning from eachof our styles, sharing stories, learning

about each other, seeing our smiles andthe sparkle in our eyes, knowing thatthere are other loving and compassionatesouls doing this work is so inspiring.Genital integrity advocacy can be alonely and isolating endeavor. I am al­ways so renewed by my time amongstfellow intactivists. May the energy ofGIAW 2013 keep us going through outthe year and may we meet up again nextyear. I look forward to the time when wecan celebrate the bodily integrity of allchildren in America and ultimately theworld.

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page 12 Attorneys for the Rights ofthe Child Newsletter Spring 2013

Genital IntegrityAwareness Week 2013

Jonathan FriedmanARC Webmaster and Newsletter Editor

March 26 ­ April 1, 2013he 2013 edition of Genital Integ­rity Awareness Week (GIAW)marked a milestone in intactivist

history. GIAW 2013 represented the 20thanniversary of the event, and had thelargest group of marchers yet. 120people marched from the Capitol to theWhite House. GIAW 2013 also turnedout the largest showing of BloodstainedMen to date. The Bloodstained Menconcept – started by Richard Duncker inthe UK – has been catching on world­wide. I participated in my first Blood­stained Men & Women demonstration inBerlin last December, and I was now ex­cited to be a part of it in DC.This was my second year at GIAW. I ar­rived by car on the first day, Tuesday,March 26th, together with Rob Tsvetkovand Keith Mitchell. It was great to beable to catch up with my fellow NewYork City intactivists on the ride toWashington, DC.As we arrived on the west lawn of theCapitol in the early afternoon, we sawGIAW organizer David Wilson holdingup his gigantic “Whose Penis? WhoseBody? Whose Rights?” sign. I waspleased to have the opportunity to inter­

view David about the history of GIAW.After starting the Stop Infant Circum­cision (SIC) Society, David held a soloprotest on April 1, 1993 in front of theWhite House and Supreme Court. Davidoriginally chose the April 1st (AprilFool's Day) date to put a humorous spinon a touchy subject. April is also ChildAbuse Prevention Month, so it madesense to start demonstrating at the begin­ning of April. Also, March 30th marksthe date in 1997 that the US law forbid­ding female genital mutilation (FGM)went into effect. After three years ofholding an annual protest, David movedthe event to the east steps of the Capitol.Van Lewis and Benjamin Lewis joinedthe protest in 1999. [Editor’s Note—VanLewis sadly passed away in 2011 aftermany years of groundbreaking activism.Steven was honored to speak at his me­morial service in Tallahassee in 2011.]

Afterwards GIAW became a week­longevent.NOCIRC joined the GIAW organizers in2001—the same year Steven and ARCfirst attended. That year marked GIAW’sfirst march of about one hundred intactiv­ists up the Capitol’s east­center steps in2001. The video is available on YouTube:www.youtube.com/watch?v=uR5ijiaTTC4On March 26, the first day of GIAW2013, the weather was really nice andsunny and there were lots of groups ofyoung students on school trips. Many ofthe students were extremely receptive towhat we had to say, but their teachersand principals sometimes weren't soopen­minded. It wasn't uncommon forprincipals to threaten disciplinary actionif students took our informational cards,but we always managed to find a studentthat would take a stack to dole out laterout of sight from their chaperones. Itwas always great when the intact youngmen would come over and take photoswith us.I donned my Bloodstained Men whitebody suit, spray­painted a red splotch on,and joined the others in making an eye­catching demonstration. Many parentswere offended, saying “How could youshow this to children?” I answered with,“How could you do this to children?”

Jonathan Friedman demonstrates on the

west lawn ofthe Capitol, GIAW2013

Intactivists on the east-center steps

ofthe Capitol, GIAW2001

T

DavidWilson, GIAW2013

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 13

Several of the Bloodstained intactiviststeamed up and went to the NationalMall, where many groups of studentswere entering and exiting the museums.I joined in on March 27, the second dayof GIAW 2013, and found it to be a verypowerful experience. We distributedhundreds of cards and had hundreds ofphotos taken of us, some with groups ofstudents that rushed over to pose with us.As always, many foreigners wereshocked to learn that in the US, boys arecommonly circumcised. I explained thatcircumcision can affect non­US residentsbecause, for example, the World HealthOrganization and UNAIDS are spendingmoney on mass circumcision campaignsin Africa, and that a lot of the money iscoming from European countries. Theyoften responded, “that's so crazy!” In­deed.Raised as an Orthodox Jew myself, I alsohad the opportunity to speak to a lot ofOrthodox Jewish men. I have noticed thatmany intactivists approach Jewish peopleand start talking about religion, whichmay backfire by inadvertently seeming toconstitute an attack on their religion. It'sbetter to just educate them on the func­tions of the foreskin, the harms of cir­

cumcision, and Jewish intactivism. I alsotalked to them about Metzitzah B'peh,quoting Moses Maimonides' view thatcircumcision is intended to harm physic­ally and sexually. Finally, I delved intocomparisons of ancient circumcision andthe modern­day practice, and referredthem to the Brit Shalom movement in theStates and Israel. Most folks accepted thecard I offered them. Hopefully the mes­sage is spreading.I was pleased to meet intactivist docu­mentarian James Loewen for the firsttime. Once in a while I meet a great in­dividual with a big heart, a deep concernfor issues and the people affected, andpowerful skills and motivation to effect­ively work for change. James is one ofthose people. We spoke at length aboutour backgrounds and our beliefs. Jamesworks so hard and always produces out­standing photos and videos of events thatrepresent us very well as individuals andas a movement.I also met Brother K for the first time.[Editor’s Note: Brother K’s article aboutGIAW appears on p.22.] Brother K is afeisty born­again intactivist who putaway the neon­colored balaclava andprotest sign in the 80s only to recently

BloodstainedMen and Their Friends protest in front ofthe Capitol, March 30, GIAW2013

Kathryn Glines with a full-size

bloodstained Obama in front of

the White House, GIAW2013

pick it up again, reincarnated as a blood­stained man. Brother K enjoyed being inthe spotlight at the nation's capital, butmore importantly, he was really movedat how the students would flock to us topick up informational cards and to snapphotos.The march to the White House wasreally inspiring. We gathered on the West

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page 14 Attorneys for the Rights ofthe Child Newsletter Spring 2013

'Intactivists' Seek Support fromGay-Marriage Supporters

Betsy WoodruffMarch 27, 2013National Review

www.nationalreview.comt today’s colorful pro­gay­mar­riage protest outside of the Sup­reme Court, two people were

the undoubted standouts: Brother K andFranny Max, anti­circumcision activists— or “intactivists,” as they call them­selves — sporting white jumpsuits withbight red circles around their crotches.They told me that it’s National GenitalIntegrity Week, so intactivists fromaround the country are holding their 20thannual protest in Washington. The in­tactivists argue that, because the U.S. haslaws against female genital mutilation,baby boys don’t receive the same equalprotection under the law as baby girls,and they hope people who support gaymarriage on equal­protection groundswill also end up supporting an infant cir­cumcision ban.Brother K, who says that he made that hislegal name in 1986 as part of a “personaljourney” to shake off what he felt “was aspiritual mark of an angry, ancient god,”hoisted a large white sign with a red circleon it that said “DON’T CUT HISPENIS!” He spent much of the rally

A“Bloodstained Men”

Provocatively Protest theirCircumcisions in D.C. as

Genital Integrity AwarenessWeek Marks 20th Year

Bloodstained Men Press ReleaseMarch 28, 2013www.prweb.com

A growing international movementasserts that all children have a humanright to protection from unnecessary

genital surgeryBloodstained Men will perform

on the Capitol West LawnSaturday March 30 at 1pm

Genital autonomy activists demonstrateon the Capitol West Lawn March 26 ­April 1, will march from the Capitol

West Lawn to the White HouseSaturday March 30 at 2pm

Lawn of the Capitol for a group photo­graph of Bloodstained Men [which ap­pears on the bottom of this page]. Ourmarch through the streets gained greatattention from vehicular and pedestriantraffic. I felt so proud of everyone parti­cipating, even the kids in strollers. Pos­itive reactions were numerous, as werethe extremely negative ones. One maneven flashed us; luckily, I missed thatone. Another man yelled at us whilejumping up and down.When we reached the White House, therewere lots of people passing by who sawour huge banners and stopped to talkwith us. While I don't think the WhiteHouse paid much attention to us, and thecardboard cutout of Obama wearing abloodstained suit [which appears on thispage] seemingly went unacknowledgedby the President, our real target audience,the people of the United States, listenedto our message to protect all childrenfrom forced genital cutting.It was great catching up with friends andmeeting new folks. It was fantastic hav­ing had the opportunity to demonstrateand educate, as well as to share ideaswith everyone. I will definitely be backfor GIAW 2014.

hen passers­by see a crowd ofmen in bloodstained whitecoveralls posing on the West

Lawn of the U.S. Capitol this week, theywill be witnessing a provocative newtactic in the growing movement to abol­ish the circumcision of children.The “Bloodstained Men” protest theircircumcisions by performing politicaltheater in white coveralls with bloodycrotches symbolizing the genital woundsthat were forced upon them in childhood.“Circumcision permanently amputatesthe most sensitive parts of the penis anddiminishes sexual experience for life,”states Bloodstained Man Jonathon Conte.“Our bloodstained coveralls force peopleto face the reality that infant circum­cision inflicts permanent physical, psy­chological and sexual damage upon boysand the men they become. Our mission isto make people understand that infantcircumcision is sexual violence, and aserious human­rights violation.”The Bloodstained Men concept has beenembraced by activists on both sides ofthe Atlantic and performers come from awide range of cultural backgrounds, in­cluding Jews such as Brooklyn residentJonathan Friedman. “When I was eightdays old, a mohel (Jewish traditional cir­cumciser) botched my circumcision andthen sucked my bleeding penis after­wards,” Friedman states. “I was sexuallyassaulted and mutilated by my familyand religious community, and that is whyI will be joining the Bloodstained Men inWashington D.C. on Saturday [March30].The March 30 Bloodstained Men per­formance is a highlight of a week ofdemonstrations to mark the 20th GenitalIntegrity Awareness Week, an annualevent where activists from across theUSA and around the world converge onthe West Lawn of the Capitol to demon­strate for a ban on child circumcision.This year’s event also marks the 16thanniversary of the passage of the 1997Female Genital Mutilation Law (FGMLaw), which protects females under theage of 18 from all forms of unnecessarygenital surgery. As event organizer DavidWilson of the Stop Infant CircumcisionSociety (SIC Society) notes, “the FGM

Law currently discriminates against boysby leaving them unprotected. Boys de­serve equal protection according to theEqual Protection Clause of the Four­teenth Amendment.” On Saturday March30 at 2 p.m., activists will march fromthe Capitol West Lawn to the WhiteHouse to demand that the FGM Law beextended to ban the medically­unneces­sary genital cutting of all children.In the 20 years since the debut of GenitalIntegrity Awareness Week, child circum­cision has become more controversialthan ever. “Each year our demonstrationswill be bigger and bolder,” Wilsonpromises. “Our momentum is building,and we will not stop until all children areprotected from the sexual abuse knownas ‘circumcision’.”

W

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 15

Anti-Circumcision ProtestersCut Into Supreme Court Scene

Benjamin R. FreedMarch 27, 2013

DCist

www.dcist.comhile most of the thousands ofdemonstrators lined up out­side the U.S. Supreme Court

today were there to show their opposi­tion to the Defense of Marriage Act, ahandful of people were getting snippyabout a completely different issue. Cir­cumcision.This week marks the 20th annualDemonstration Against Infant Circum­cision, a yearly protest in which hun­dreds of “intactivists” descend uponWashington to clamor for an end to the

practice of doctors removing newborninfant boys' foreskin, whether for reli­gious purposes or because it's a standardpractice in American medicine.“Forcing children to participate in bloodrituals is wrong,” says Jonathan Conte, aSan Francisco resident holding a largesign reading “Equal Justice” above alarge, graphic photo of a newborn beingcircumcised. “Religion of one's parentsis not a reason to abuse.”Noting that the federal government ad­opted legislation in 1996 banning vaginalcircumcision, Conte wants to see a simi­lar measure adopted that protects pen­ises. While the removal of the foreskin isan ages­old custom in Judaism, Contesays that accounts for only a fraction ofcircumcisions performed in the United

States, where it was adopted as a stand­ard medical procedure for newborns inthe mid­19th century.“That started 150 years ago as a way tocurb masturbation,” he says. Conte alsoargues that the reasons for circumcisioncontinuing as a customary operationkeep changing, such as AIDS prevention,despite what he says is a lack of evid­ence. It's also a practice he says is uniqueto American medicine.“Most of the world's men have theirwhole penises, and they're not droppingdead,” he says.To his very open frustration, Conte doesnot have his whole penis either. He wassnipped at birth, and he says he resentshis parents for electing to have the oper­

W

standing with his legs apart and both armsabove his head, yelling about the crimethat is circumcision. Max, who protestedalongside him, held a red stop sign thatsaid “STOP CIRCUMCISING BABIES.”“I would say, on balance, we’re getting alot more support here than not,” he tellsme. “It is equal rights, and that’s whatthis rally’s all about. It’s equal rights forbaby boys.”He says he and his fellow protesters hadreceived mostly positive feedback fromthe anti­DOMA protesters.“I would say that, by and large, a lot ofmembers of the LGBT community havebeen founders and major participants inour movement,” he adds.When asked if he thought the argumentsused to defend same­sex marriage couldalso be used to oppose circumcision, hesaid, “Absolutely, absolutely. And it’sgoing to come to that someday. It willhappen. It will happen.”Max said that between the protesters onthe West Lawn of the Capitol and infront of the Supreme Court, their causedrew about 25 people today. She addsthat they’re expecting around 100 togather on Saturday for a march meant todraw attention to the issue. They’ll meetat 2 p.m. on the Capitol’s West Lawn and

proceed to the White House, where theywill stay until about 10 or 11 p.m.“If I support everybody’s right to getmarried, then it’s only logical,” she says.“If you wouldn’t cut a baby girl, whywould you cut a baby boy?” “Genital in­tegrity for all!” she adds. “If I woke uptoday and I found out that I’d been cir­cumcised at birth, I’d be hoppin’ mad.”Karen Glennon, another intactivist, saysshe found signs of agreement from the anti­DOMA protesters. “I’ve actually had a greatdeal of positive reception,” she says. “Thosepeople who are in support of marriageequality see it as a choice issue and as anequality issue. We came here to bring ourmessage to this crowd because it’s very re­ceptive,” she adds.Jeremy Kung, who carried a sign thatsaid “OCCUPY FORESKIN,” tells methat part of the reason he’s an intactivistis that he wasn’t circumcised.“I’ve got a foreskin, I know what it feelslike, I know how good it feels,” he says.He also believes there’s a connectionbetween supporting same­sex marriageand opposing infant circumcision.“It’s all about equality for everybody,” hesays. “They’re both human­rights issues.Everyone should have the right to lovewho they want to love, marry who they

want to marry, just like everybody who’sborn should have the right to decide ifthey want to keep their healthy bodyparts.”But not everyone at the rally was thrilledto share the Supreme Court’s front patiowith the intactivists. “They should not betrying to co­opt our messaging here,”says Alan Eckert, who was protestingagainst DOMA.“I think that they are trying to equateequality with what their vision of a hu­man right is, and those are two com­pletely different messages, and we needto stay on focus here,” he adds.Another protester, who only wanted tobe identified as Kurt, also told me that hethought the intactivists were detrimentalto the cause. But a third pro­gay­mar­riage protester, Jorge Gardner, says theintactivists didn’t seem like much of adistraction.“They seem to be pretty accepted aroundhere, yeah,” he tells me. “I haven’t seenmany people, like, argue with them oranything, so they seem pretty accepted.”I asked him if he thought it was fair tocount the intactivists as part of the pro­gressive movement, and he responded,“Part of the progressive movement? Idon’t know what that is. I’m only 17years old.”

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page 16 Attorneys for the Rights ofthe Child Newsletter Spring 2013

Contents of Special Issue onEthics of Circumcision

xford University's Practical Eth­ics Blog has issued an an­nouncement

(http://blog.practicalethics.ox.ac.uk/2013/03/announcement­journal­of­medical­ethics­special­issue­on­circumcision/) bythe Journal of Medical Ethics (JME)providing further information on thecontents of the upcoming special issueon male circumcision.The announcement states that the JMESpecial Issue titled, “The Ethics of MaleCircumcision” will include (in additionto the article by me and Robert VanHowe criticizing the American Academyof Pediatrics' policy statement and tech­nical report that was published earliertoday) the following:– A defense of circumcision by politicaltheorist Joseph Mazor based on thechild's best interests. (!)– A suggestion by Dena Davis that itmay be time to re­open the conversationon the most mild forms of female genitalcutting. (!)– An article by political scientist Mat­thew Johnson arguing that religious cir­

cumcision should be permitted in secular,multi­cultural societies but that individu­als should be able to seek damagesagainst the community for any harm theythereby suffered.– Medical historian Robert Darby as­sesses the narrow question of whether theprinciple of the child’s right to an openfuture applies to non­therapeutic, infantmale circumcision. By drawing analogieswith the case of “designer deafness” (inwhich deaf parents deliberately seek tohave children with diminished sensorycapacity), Darby argues that circumcisionis indeed in violation of this principle,and hence is objectionable from an eth­ical and human rights perspective.– An article by Israeli philosopherHanoch Ben Yami arguing that religiouscircumcision is a barbaric custom butthat an outright ban would be harmful, soproposing instead a series of gradual re­forms.– Pediatrician Robert Van Howe con­siders the normative basis of the doctrineof parental rights—sometimes used tojustify circumcisions in both the secularand religious case—and argues that par­ental rights are a “dead dogma” that haveoutlived their usefulness for conceptual­izing the relationship between parentsand their children. Instead of rights, VanHowe suggests that parents have an ob­ligation to preserve and protect their

ARC Updates

JME

O

ation conducted, as well as the doctorwho performed it.“Every one of my sexual partners hashad sex with a mutilated man,” he says.Conte says that a circumcised man of ismissing roughly 15 square inches of pro­tective issues around the glans, or head,of his penis, an effect he displays byrolling up a small handbill preaching theills of foreskin removal. “It permanentlyalters the form and function of thepenis,” he says. “The glans is mucosaltissue. It's meant to be covered.”Then there are the effects on the most

important functions of the penis. Contewants to assure people he speaks withthat circumcised men—like himself—arestill capable of sex and procreation,though in his opinion it can be a bitdodgy.“I'm not saying cut men can't have sex,”he says. “Or that they can't feel pleasureor get erections. Sex without a foreskinis much more abrasive and dry. It's themechanics of it.”Moreover, the circumcision opponentssay the practice is one more example ofthe U.S. medical system's fee­for­servicesetup, in which doctors have a natural in­

centive to perform as many procedures aspossible. Only, in the case of circum­cision, Conte says doctors are being paidto lop a body part that “years of evolu­tion” haven't discarded.“Can you imagine if doctors were mak­ing money cutting off other parts ofhealthy baby boys?” he asks.Conte and his fellow “intactivists” willbe in town through the weekend, cul­minating with a march from the U.S.Capitol to the White House on Saturday.The demonstration will be “extremelydiverse” he says. “We have both victimsand intact people.”

children’s rights, including those of bod­ily integrity and the preservation of anopen future.– Human rights lawyer J. StevenSvoboda goes a step further and arguesthat circumcision is a clear­cut humanrights violation, whether it is performedon boys or girls, and whether for reli­gious or secular reasons. Surveying thebasis of human rights law in Western so­cieties, Svoboda shows that circumcisionmay be considered inconsistent with themost widely accepted interpretations ofkey human rights documents, includingthe Universal Declaration of HumanRights and the United Nations Conven­tion on the Rights of the Child.– An analysis by German law professorsReinhold Merkel and Holm Putzke of thenew German law protecting the right tocircumcise and the Cologne court de­cision that preceded it.The announcement says that the issuealso includes editorials by JulianSavulescu and by Brian Earp. Earppresented an outstanding talk at the Oc­tober 2012 Helsinki symposium that wasfeatured in the last ARC Newsletter. Theannouncement also says that additionalcommentaries have been invited from(pro­circumcision) philosopher DavidBenatar and from philosopher David P.Lang.

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 17

ARC Issues Press ReleaseAnnouncing New Article

Criticizing AAPand AAP's Response

e issued a press release onMarch 16, 2013 announcinga new article appearing on

March 18, 2013 by Steven and RobertVan Howe that criticizes the AmericanAcademy of Pediatrics' (AAP's) positionon male circumcision. Our article, lead­ing off the latest issue of the Journal ofMedical Ethics, provoked the AAP intotaking the unusual step of filing an ill­fated response in the pages of the samejournal. Steven has a second article inthe same issue analyzing male circum­cision as a violation of human rights. Theentire issue is devoted to the subject ofmale circumcision and also includes asolo contribution from Bob Van Howeand another from Robert Darby.Here is the text of the press release:New Article Finds Fault WithPediatric Organization’sSupport for Circumcision,

Provoking a Formal Response

Berkeley, CA – Human rights attorney J.Steven Svoboda and pediatrician RobertS. Van Howe, M.D. have published anew article in one of the world’s leadingjournals on medical ethics arguing thatthe American Academy of Pediatrics’(AAP’s) position regarding male circum­cision lacks credible support. The article,titled, “Out of step: fatal flaws in thelatest AAP policy report on neonatal cir­cumcision,” is being published onlinetoday, leading off the latest issue of theJournal of Medical Ethics (JME). TheUS’ premier organization of pediatricianshas already arranged for the JME to pub­lish its response in what Svoboda andVan Howe view as an ill­fated attempt tojustify the medically and ethically flawedarguments in its policy statement andtechnical report.Svoboda and Van Howe criticize theAAP’s apparent cultural bias in favor ofcircumcision, which they note puts theAAP firmly out of step with world med­ical opinion on this issue. They argue thatthe AAP documents suffer from troublingdeficiencies, ultimately undermining

their credibility. According to the authors,these deficiencies include the omission ofcritical issues, biased use of the medicalliterature, and conclusions that are notsupported by the evidence given.Svoboda commented, “The AAP ignoresso many important topics that it is hard toknow where to begin. For example, theanatomy and function of the foreskin arenot mentioned in their documents, eventhough they propose to cut it off withoutfirst considering the harm and pain thatresult from its removal. The AAP’s cir­cumcision recommendations contradictits own bioethics policy statement, whichrequires pediatric care to be based onlyon the needs of the patient. Non­thera­peutic circumcision is incompatible withwidely accepted ground rules for surgicalintervention in minors.”Dr. Van Howe, a Clinical Professor atMichigan State University College of Hu­man Medicine, said, “When physiciansdecide whether to do a procedure, theymust, and normally do, exclude from theirmedical decisions non­medical factors re­garding the parents’ culture. Contrary towhat the AAP suggests, doctors are notcultural brokers. Their duty is promotingand protecting the health of their patients,not following practices lacking a solidethical and medical foundation.”Svoboda and Van Howe write that theAAP report suffers from being two­and­a­half years out of date at the time of itspublication. They note that the last liter­ature search was performed in April 2010for a report published in August 2012.Svoboda and Van Howe write that studiesthat suggest benefits for circumcision ap­pear in the technical report while at leastone hundred studies that fail to support abenefit or that find detrimental effects ofcircumcision are left out. The authors addthat the AAP also cherry­picks informa­tion from within the articles it cites, se­lecting bits of language out of contextthat lend support to its position while of­ten ignoring contradictory data.Svoboda commented, “The response toour article by the AAP Task Force callsfor avoiding an ideological agenda.When European authorities agree thatcultural bias rather than scientific fact isdriving the AAP’s position, I would sug­

gest that our only agenda is ethical andmedically sound care for infants andyoung children. The AAP fails to raiseany substantive argument pointing toeither evidence or reasoning about whichwe are mistaken.”The AAP itself concedes, Svoboda andVan Howe write, that the there are vastdifferences between HIV transmission toadults in Africa and to children in theUS. In Africa, the authors observe, oneof the most likely places to contract HIVis in a health clinic. Svoboda observed,“The US has the highest rates of circum­cision, of HIV, and of other sexuallytransmitted infections in the industrial­ized world, so the chance that the firstcan prevent the other two seems ex­tremely remote.”Svoboda asked, “Why is the AAP pro­moting public funding for an unneces­sary and harmful surgery when we findourselves struggling even to provide ba­sic care for all our children? In thesedays of rising medical costs and scarceresources, we simply cannot afford tocontinue to carry out such a harmful andoutmoded practice.”While the AAP attempts to paint itself inits reply in the JME as being in line withworld medical opinion, in fact, as notedby Svoboda and Van Howe, the AAP hasput itself in a shrinking minority in at­tempting to justify an outmoded culturalpractice that results in the death of morethan one hundred boys each year. Cir­cumcision also leads to frequent legaljudgments and settlements in favor ofplaintiffs, as documented by a list re­leased today of more than fifty suchcases totaling over $80 million(www.arclaw.org/resources/settlements).Even the American Medical Associationagrees that there is insufficient justifica­tion for performing the procedure onnewborns absent specific medical indic­ations. Unlike the AAP, its peer organiz­ations in Europe and also in Australia,the United Kingdom, and Canada recog­nize that medical considerations must beconsidered in conjunction with ethicaland legal considerations and therefore,male circumcision should be neither re­commended to parents nor funded bygovernment insurance systems.

W

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page 18 Attorneys for the Rights ofthe Child Newsletter Spring 2013

More Than $80M Paid Out forBotched Circumcisions

Hugh YoungCircumstitions

www.circumstitions.comver $80 million has been paidout in settlements for botchedand wrongful circumcisions

since 1985, according to Attorneys forthe Rights of the Child.ARC has been compiling a list of casessince 1997 and first published it onMarch 16, 2013 on their website:http://arclaw.org/resources/settlementsThe cases range from a $22.8 millionsettlement for a boy in Atlanta, Georgiawho had his penis severely burnt, to a$30,000 settlement for a Palm Beach,California, boy who lost more than hisforeskin to a mohel.Two of the cases, totaling $18.3 million,were won against Mogen CircumcisionInstruments Ltd, makers of the Mogenclamp. The company has effectively beensued out of business, yet the Mogenclamp is still one of the most commoncircumcision devices still being used.It's unclear how much of ARC's settle­ments list covers the total number ofcases out there. This is because the num­ber of botched circumcision cases thatwere settled out of court is unknown. Inaddition, cases that were successfullyblamed on something else, such as anunderlying pre­condition or poor after­

OSteven's Los Angeles

Radio Show AppearancesOverview Intactivism

n Friday, April 26, 2013, Stevenappeared on Maria Sanchez'hour­long show, “The Maria

Sanchez Show,” on Los Angeles­basedInternet radio station LATalkRadio.com.Maria is a longtime friend of ARC and ofintactivism and we are glad to see that shehas returned to active media work. Thewide­ranging discussion was designed toupdate Maria's listeners on events in re­cent years and also provided a historicaloverview of medicalized and religiouslybased circumcision and of intactivism.Steven mentioned the wealth of recentpositive developments in intactivism,such as greater visibility in general massmedia and among non­intactivist schol­ars, as well as advances in Internet avail­ability of information and in socialnetworking that have generally assistedthe growing success of safeguarding

O

JME Article by Steven and BobVan Howe Favorably Mentioned

by the Jewish Press

uoting from our recent press re­lease, the Jewish Press favorablymentioned the article by StevenSvoboda and pediatrician Robert

S. Van Howe that was recently publishedby the Journal of Medical Ethics. Appar­ently the Jewish Press is the only weeklynewspaper read by most Orthodox Jews.You can read the article on the JewishPress website: www.jewishpress.com.

Q

care, are also, of course, unknown.In its 2012 circumcision policy, theAmerican Academy of Pediatrics stated,“The majority of severe or even cata­strophic injuries are so infrequent as tobe reported as case reports (and weretherefore excluded from this literaturereview)” before concluding (without ac­tually weighing them) that “the benefitsoutweigh the risks.”

bodily integrity. Steven also discussed(1) the American Academy of Pediatrics'(AAP's) August 2012 policy statementand technical report and recent responsesto it in the Journal of Medical Ethics (bySteven and Bob Van Howe) and in Pedi­atrics (by a large group headed byMorten Frisch), as well as the AAP'scounter­responses to both articles; (2)developments in Germany including thelandmark June 2012 court case upholdinga right to bodily integrity and the sub­sequent legislation (about which Stevenis currently writing a paper for presenta­tion in the UK in September); (3) the up­coming October 2013 ethical debate inSouth Carolina between Steven and theAAP's Dr. Susan Blank regarding thelegality of male circumcision.On Wednesday, June 12, 2013, Stevenmade his second appearance of 2013 onMaria Sanchez' show. He discussed (1)several important legal developmentsincluding the recent $1.3 million awardin an infant circumcision case in theChicago area as well as circumcision­related lawsuits in Queens and in SouthAfrica and a lawsuit filed by theSouthern Poverty Law Center over thegenital mutilation of an intersex child;(2) recent news of and some of the largerissues raised by the development of anew circumcision device (the PrePex)that is endorsed by the World HealthOrganization and is intended to helppromote the practice in third worldcountries as an asserted preventive ofHIV and AIDS; and (3) an overview ofthe continually increasing success of

A few months ago, the German PediatricAssociation (BVKJ) favorably cited anearlier version of Svoboda’s and VanHowe’s article, noting that even if bene­fits do exist the procedure can safely bedelayed until the boy himself can makethe decision.The JME considers the issue of male cir­cumcision important enough to have de­voted an entire special issue to the topic,including a second article by Mr.Svoboda on male circumcision and hu­

man rights, and a second article by Dr.Van Howe about male circumcision andparental rights.Svoboda and Van Howe’s article appearsat a similar publication date with a com­mentary to appear in the AAP’s own Pe­diatrics by thirty­eight leading Europeanmedical authorities, who have independ­ently reached a conclusion consistentwith Svoboda and Van Howe’s in criti­cizing the cultural bias in the AAP’s twodocuments.

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 19

In Search of Fatherhood IssuesPress Release Regarding ARC andAgain Reprints Steven's Work

e are pleased to report that InSearch of Fatherhood mag­azine has issued a press re­

lease on March 20, 2013 regarding ARCand regarding Steven's work. WhileSteven was interviewed by themagazine for a 2009 cover article, morerecently they have published reprints of adifferent article of Steven's in each of thelast four issues.While Steven was interviewed by themagazine for a 2009 cover article, morerecently they have issued a press releaseregarding ARC's work and have pub­lished reprints of Steven's articles in eachof their last five issues.Their recently published Spring 2013 is­sue contains a reprint of part two ofSteven's article, “The Limits of the Law:Comparative Analysis of Legal and Ex­tralegal Methods to Control Child BodyMutilation Practices.”We are grateful to the magazine(http://globalfatherhooddialogue.blogspot.com) and to its editor Diane A. Sears fortheir long­standing commitment to cre­ating a better world and to promotingwork in a number of different fields re­lating to the well­being of children andfamilies.

WRichmond Journal of Law andthe Public Interest PublishesArticle by ARC's Peter Adler

e are pleased to announce thatan article by ARC's Legal Ad­visor, Peter W. Adler, “Is Cir­

cumcision Legal?”, has been published inthe Spring 2013 issue of the RichmondJournal of Law and the Public Interest.One chapter of the issue will be devotedto children and the law.In his article, Peter Adler shows that inthe 21st century, the material facts aboutcircumcision are known and the law isclear. Circumcision is dangerous, harmsall boys and men, benefits few, if any,and any benefits can be achieved moreeasily and effectively without it. Boys,like girls and adults, have an absoluteright to genital integrity under the com­mon law, constitutional law, criminal law,tort law, and human rights law. Physi­cians cannot ethically or lawfully operateon healthy children, and parents' reli­gious or other beliefs are of no account.In fact, physicians and parents have aduty to protect their children from non­therapeutic genital cutting. Circumcisionis illegal: let us count the ways.

ARC's Legal Advisor SubmitsResponse to AAP News Article

Attorney Peter Adler, ARC's Legal Ad­visor, submitted to the American Academyof Pediatrics' AAP News a response toJeffrey L. Brown's recent article publishedin the April 2013 issue, “Medical­legalrisks associated with circumcision ofnewborn males: need for revised consent.”Brown's article somewhat remarkablysuggests that physicians should inform allparents of the “benefits” of circumcisionin order to avoid potential legal liability.The text of Peter's article appears below.

Peter W. Adler, EsquireLegal Advisor

Attorneys for the Rights of the ChildReply to Jeffrey L. Brown, "Medical-leg-

al risks associated with circumcision of

newborn males: need for revised con-

sent", AAP News, April 2013

r. Brown argues that in order toavoid legal liability, physiciansshould inform all parents of the

2012 opinion of the AAP's Task Force onCircumcision that circumcision preventsUTIs, penile cancer, and some STDs in­cluding HIV, and that these benefits out­weigh the associated risks.In fact, physicians risk civil and criminalliability for every circumcision, whethernegligently or properly performed. Fol­lowing Dr. Brown's advice would alsoinvite suits for misrepresentation.First, telling parents that they have theright to make the circumcision decisionfor religious, cultural, or personal reasonsmisleads them. Parents cannot riskharming or harm their children for relig­ious reasons.[1] In any event, licensedhealth care professionals cannot ethicallyor legally operate on children for reasonshaving nothing to do with medicine.[2]Second, telling parents that circumcisionprevents diseases and that the benefitsoutweigh the risks, like immunizations,further misleads them. Sexually activemen must still practice safe sex. Physi­cians therefore must inform parents thatcircumcision is very unlikely to benefittheir son at all.

W

intactivism and the work of Attorneys forthe Rights of the Child including theexcellent achievement by Legal AdvisorPeter Adler and by webmaster JonathanFriedman. You can listen to the podast on the ARC

website: www.arclaw.org.

Steven Debating AAP's Dr.Michael Brady at Doctors'

Ethical Conference

teven recently accepted an invita­tion to speak in October at theTwentieth Annual Thomas A. Pitts

Lectureship in Medical Ethics, to be held

D

S

at the Medical University of South Caro­lina pursuant to a conference titled,“Ethical and Legal Issues in Pediatrics.”Steven is the only non­physician invitedto speak, and will be debating Dr.Michael Brady, a member of the AAP'sTask Force on Circumcision, in a talkentitled, “Newborn Male Circumcision isUnethical and Should be Illegal.”The title was not Steven's choice butafter some consideration, he decided toaccept it. At the same event, Steven willalso appear in a “Seminar on PediatricControversies” opposite several notedsupporters of circumcision.We hope for the event to be videotaped sowe can post the video to our website.

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page 20 Attorneys for the Rights ofthe Child Newsletter Spring 2013

Berkeley SymposiumProceedings Published

pringer has published the proceed­ings of the 2010 Berkeley sym­posium. This is the eighth and last

such book. It is titled Genital Cutting:Protecting Children from Medical, Cul­tural, and Religious Infringements and isedited by George C. Denniston, FrederickM. Hodges, and Marilyn F. Milos. Steven

is honored to have been able to contributeto all eight books and to be able to leadoff the final volume with the paper hepresented in Berkeley titled, "TorturedBodies, Tortured Doctrines: InformedConsent as a Legal Fiction Inapplicable toMale Circumcision." This paper revisitsthe topic of informed consent that BobVan Howe, James Dwyer andSteven wrote about in 2000, but this timefocuses on several problems with even

applying the informed consent frameworkto infant male circumcision. The Springere­book sells for $149 and the hardcoverbook sells for $189. The first chapter of our latest symposiumbook is available on the ARC website.The full version is available on theSpringer site at:http://www.springer.com/medicine/pediatrics/book/978­94­007­6406­4.

SSteven's Paper on Genital

Autonomy Published, Praisedby Anti-FGC Scholar

lobal Discourse has published onJune 20, 2013 Steven's article ongenital autonomy, that is, on the

importance of protecting all children fromgenital cutting regardless of whether theyare male, female or intersex. The articlealso looks at the practice of cosmetic fe­male genital cutting by consenting adults.The article is titled, "Promoting GenitalAutonomy by Exploring Commonalitiesbetween Male, Female, Intersex, andCosmetic Female Genital Cutting," and isadapted from the paper Steven presentedon September 1, 2011 at the conferenceheld at the University of Keele, "Law,Human Rights, and Non­Therapeutic In­terventions on Children."

A comment on Steven's article, publishedin Global Discourse as a reply to his art­icle and authored by female genital cut­ting (FGC) scholar Sara Johnsdotter,finds itself largely in agreement withSteven's article and has no serious cri­tiques of it. Steven had praised Johns­dotter's articles in his reviews of the twovolumes on FGC edited by Bettina Shell­Duncan and Ylva Hernlund and pub­lished in 2000 and 2007. We are pleasedat the growing convergence between thedifferent branches of work on genitalautonomy. Both Steven's article and Johnsdotter's

comment are available on the ARC

website: www.arclaw.org

G ARC needs your support.

Visit http://arclaw.org/donateto support ARC throughdonation or membership.

You can also donate a portion of yourAmazon. com purchases. Visit

http://arclaw.org/donate to learn how.

Third, physicians must inform parentsthat circumcision is painful, risks manyinjuries, and that the extent of the injuriesis unknown. Not disclosed by the TFOC,circumcision can be fatal and is alwaysharmful. For example, it is invasive, dis­figuring, prevents normal sexual func­tion, and removes the most sensitive partsof the penis.[4] Fully informed parentsare unlikely to consent to the operation.Finally, American courts could rule atany time that non­therapeutic circum­cision is illegal. Children have the abso­lute right under many provisions ofAmerican and international human rightslaw to personal security, autonomy, andequal protection of the law. Circumcision

also violates the best interests rule,which prohibits physicians from per­forming surgery on boys that they wouldnot choose for themselves, and the ruleof proportionality, because any benefitsthat circumcision may have can beachieved without it. In fact, physiciansand parents have a legal duty to protecthelpless children from harm and thusfrom circumcision.[5]Physicians should not underestimate howangry many circumcised men are thattheir foreskins were removed againsttheir will. The only way to avoid liabilityfor non­therapeutic circumcision is not toperform the operation.

[1] Prince v. Massachusetts, 321 U.S.158, 159–162 (1944).[2] “Informed Consent, Parental Permis­sion, and Assent in Pediatric Practice”,AAP Committee on Bioethics, Pediatrics,Vol. 95, No. 2, at 314­17 (Feb. 1995).[3] M. Frisch, MD, PhD, et al., “CulturalBias in the AAP's 2012 Technical Reportand Policy Statement on Male Circum­cision”, Pediatrics; originally publishedonline March 18, 2013; DOI:10.1542/peds.2012­2896.[4] Sorrels ML, et al., “Fine­touch pres­sure thresholds in the adult penis”, BJUInt. 2007 Apr.99(4):864­9.[5] See generally Peter W. Adler, “IsCircumcision Legal?”, Richmond J. L. &Pub. Int. (publication pending).

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 21

Canadian PediatriciansPoised to Follow AAP inCondoning Circumcision

As reported in the article reprintedbelow, Canada's leading association ofpediatricians, the Canadian PaediatricSociety, is apparently preparing to issuea position statement that will soften itsprevious opposition to the practice andwill move it more in the direction of thecurrent policy statement recently issuedby the American Academy of Pediatrics.

Pediatricians Set to SoftenStance on Circumcision

Sharon KirkeyMarch 4, 2013Ottawa Citizen

www.ottawacitizen.comanada's pediatricians are about toupdate their advice on whetherbaby boys should be

circumcised, revising and softening theirstand for the first time in 17 years.Their review comes as new Canadianresearch suggests half of expectantparents would consider circumcision ifthey had a son ­ and that the single mostimportant factor is the circumcision"status ”of the father. The CanadianPaediatric Society's old policy, issued in1996, opposed routine circumcision ofnewborns. The new statement isexpected to be more neutral.“There isn't going to be a 'prescription'for Canadian males in terms ofcircumcision,” said society president Dr.Richard Stanwick, chief medical healthofficer for the Vancouver Island HealthAuthority.The organization has been struggling toput forward a balanced position “thatcaptures the risks, and the benefits, but isalso respectful of personal preferences,religious issues and many other thingsthat dictate this decision,” Stanwick said.The issue is so loaded with emotion andcontroversy that the new statement hasbeen three years in the making.

“There are very strong opinions on bothsides of this issue,” Stanwick said. “Weknow that we're wading into somethingthat, no matter what we write, will not bestrong enough for probably either side.”Last year, the American Academy ofPediatrics announced that the healthbenefits of newborn male circumcisionoutweigh the risks, a move that provokeddemonstrations by anti­circumcisionactivists who view the procedure asgenital mutilation of newborns.The old policy deemed circumcisionmedically unnecessary for the “well­being of the child.”But after a special task force reviewedmore than 1,000 studies published overthe past 15 years, the American doctors'group now says that circumcisionprovides protection against urinary tractinfections, penile cancer and thetransmission of some sexuallytransmitted infections, including HIV.The organization isn't recommendinguniversal circumcision. Instead, it saysthe final decision should be left toparents.Circumcision involves the surgicalremove of some, or all, of the foreskinfrom the penis. It is one of the mostcommon surgical procedures performedworldwide. In hospitals, the procedure isusually performed by obstetricians soonafter birth.“Clearly there has been a lot of literaturearound the potential role of theavoidance of infection,” Stanwick said.“But this also has to be balanced offagainst the fact that this is still a surgicalprocedure, and it is not without risk.”Those risks can include bleeding andhemorrhage, infection, inflammation andtightening at the end of the penis.Any shift in policy would have to ensure,“are there enough skilled professionalsaround to do this, so that we don't have acomplication rate that is unacceptableand so that we're not seeing males beingsignificantly harmed by not having theproperly trained people to do it,”Stanwick said.

The new policy statement is expected tobe released before the pediatric group'sannual meeting in June.“It would be great if we had absoluteanswers, but on this one, I don't think wewill,” Stanwick said.“At the end of the day ... it will verymuch be influenced by dad's status, aswell as the cultural and religious issues.”A new study found that the circumcisionrates are heavily influenced by whetheror not the father is circumcised.University of Saskatchewan researchers,in a study published in the journalCanadian Family Physician, surveyed230 parents attending prenatal classes inSaskatoon.Overall, half ­ 56 per cent ­ said theywould consider pursuing circumcision ifthey had a son. In cases where the fatherof the expected baby was circumcised,82 per cent were in favour ofcircumcision, versus 15 per cent whenthe father wasn't circumcised.According to the researchers, Canada'scurrent circumcision rate is 32 per cent.In the U.S., rates are increasing, to 61 percent of men, they said.

Canadian Pediatric Society

CARC Sends Letter to

Canadian Paediatric Society

On April 2, 2013, Attorneys for theRights of the Child wrote to the CanadianPaedatric Society, urging the CPS to up­hold children's rights to bodily integrityand genital autonomy in its policy state­ment on male circumcision, which is ex­pected to appear within the next fewmonths. We also enclosed our recent art­icle in the Journal of Medical Ethics(JME) regarding the American Academyof Pediatrics' 2012 position statementand technical report, our upcoming JMEarticle on circumcision and human rights,ARC's table of human rights violated bymale circumcision, and an article writtenwith Robert Darby, “A Rose By AnyOther Name: Rethinking the Similaritiesand Differences between Male and Fe­male Genital Cutting,” in Fearful Sym-metries: Essays and Testimonies Around

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page 22 Attorneys for the Rights ofthe Child Newsletter Spring 2013

Excision and Circumcision, edited byChantal Zabus (Rodopi, 2009).The text of the letter is as follows:Attorneys for the Rights of the Child2961 Ashby AvenueBerkeley, CA 94705USA510­464­4530April 2, 2013Canadian Paediatric Society2305 St. Laurent Blvd.Ottawa, ON K1G 4J8CANADA

stablished in 1997, Attorneys forthe Rights of the Child (ARC)addresses the legal and human

rights implications of genital cutting per­formed on non­consenting male, femaleand intersex children. We are aware thatthe Canadian Paediatric Society (CPS) isin the process of reviewing its 1996policy statement regarding infant malecircumcision.With chapters­in­formation in Canada,ARC believes that the CPS has an oblig­ation to expand its review of circum­cision beyond highly contested and oftencontradictory medical studies and to con­sider growing international recognitionsof the boy child's human right to bodilyintegrity. As discussed in my enclosedarticle, soon to be published by theJournal of Medical Ethics (JME), “Cir­cumcision of Male Infants as a HumanRights Violation,” circumcision violatesrights to privacy, to life, to liberty, to se­curity of person, and to physical integrityunder the Universal Declaration of Hu­man Rights, the International Covenanton Civil and Political Rights, and theConvention on the Rights of the Child.Such recognition is especially importantin the wake of the disastrous policystatement on infant male circumcisionthat was issued in August 2012 by theAmerican Academy of Pediatrics (AAP).The revised policy was rejected by mem­bers of the international pediatric com­munity in a recent statement by theGermany’s official Paediatric Associ­ation, the Berufsverband der Kinder­ undJugendärtze (BVKJ).

As discussed in my article, “Out of step:Fatal flaws in the latest AAP policy re­port on neonatal circumcision,” recentlypublished by the JME, the AAP’s policyreport and the associated technical reportsuffer from troubling deficiencies re­garding important topics and discussionsthat are omitted:

• an incomplete and seeminglybiased review of the medical literature;

• available information that is im­properly analyzed;

• poorly documented and often inac­curate presentation of relevant findings;and

• unsupported conclusions.The AAP documents ignored vital issuesthat would be helpful to both parents andphysicians:

• discussion of the important func­tions and benefits of the male prepuce

• explaining simple hygienic care ofthe intact penis

• enumerating less radical, non­in­vasive (non­surgical) methods to preventdisease

• acknowledging the growing claimsand documentation by circumcised menof adverse long­term consequences ofinfant circumcision

• acknowledging the ethical conflictin imposing non­therapeutic surgical al­teration on a non­consenting minor (see:JME article on ARC website)

• discussing the double standard ofopposing parental wishes for any genitalcutting of daughters (even a symbolicnicking or the removal of the femaleforeskin) while supporting parents' re­quest for the surgical removal of half theskin system of their sons' penises. (see:"A Rose By Any Other Name" on ARC

Website)

• growing international recognitionthat every child, regardless of gender,race, religion or cultural background, hasa basic human right to bodily integrityand eventual autonomy over their sexualorgans. (see: JME article on ARC web-site)

The AAP policy, while not officially en­dorsing routine circumcision of all malenewborns, erroneously concludes thatmedical benefits may outweigh the risksand then 'passes the buck' to parents todecide. However, the AAP not only failsto acknowledge the absence of any stud­

ies of long­term adverse outcomes, butdoes nothing to inform parents of theforeskin’s functions and benefits nor ofnon­invasive alternatives that can ac­complish the same alleged benefits as thesurgery.As explained more fully in the enclosedarticle, “Out of step: Fatal flaws in thelatest AAP policy report on neonatalcircumcision,” the AAP fails to demon­strate a single true benefit to male cir­cumcision. On the other hand, the risksand harms of this surgery include thepermanent loss of the protective, sexualand immunological functions of theforeskin. The primary motivations forthis practice are not medical, but cos­metic and social. Parental rights cannotethically be used to override the rights ofthe child, who is the true patient.Sections of other international humanrights treaties, to which Canada is a sig­natory, are applicable to forced circum­cision of minors (see enclosed table).Numerous European nations are underthe same legal obligation as Canada tohonor those treaty commitments. In­creasingly, national medical organiza­tions in countries such as Sweden,Finland, and the Netherlands are callingfor an outright ban on infant circum­cision, whether performed for religiousor cultural reasons.In Germany, for example, the BVKJvehemently opposed the German bill thatlater legalized circumcision, instead fa­voring an alternative bill that preservedboys’ right to bodily integrity. That al­ternative would have made non­thera­peutic circumcision of males legal onlyafter the age of 14 and with the boy'sfully informed consent. In Austria inNovember 2012, criminal charges of in­flicting grievous bodily harm werebrought against two circumcisers. Thecharges mention the child's right tophysical integrity, the absence of in­formed consent, and that religious mo­tivation does not excuse the wrongfulact.Any nation professing to care about thehealth and human rights of children mustnow join respected medical, legal andpolitical authorities in Europe by recog­nizing that these two issues are not mu­

E

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 23

tually exclusive and that infant circum­cision of males contravenes both.As a further document for the CPS toconsider in formulating an updated policyon circumcision of male infants, we referyou to ARC’s recently published sum­mary of court cases involving circum­cision(www.arclaw.org/resources/settlements).

As you can see, the trend is not favorablefor any policy that even mildly endorsesthe continuation of this practice.ARC hopes that the Committee finds thisinformation helpful and that the forth­coming CPS statement will take a for­ward­looking approach to the boy­child's

human rights that is consistent with thegrowing worldwide opinion that parentalproxy consent for non­therapeutic genitalcutting of non­consenting minor maleslacks justification in human rights, med­ical ethics, and the law.We look forward to your response to ourinput and statement of concerns.

Grassroots Intactivism

Association ofAmericanMedical CollegesDemonstrationNovember 2, 2012

Brother Kriends, I wrestled with how tomake a maximum impact on themedical community with this

demonstration. I carefully prepared my“Sunday Best” costume after consultingwith Jonathon Conte on how to apply thepaint. I had a few mishaps during the ap­plication process and got a few splotchesof red paint on the front of the pants, ne­cessitating several hurried applicationsof bleach to remove it, lest I appear to bebleeding all over at the demonstration. AtJonathon's suggestion I used arts andcraft red acrylic paint, poured from thebottle and spread with a tiny spongebrush. I was astonished how much it re­sembled blood. It dried after a day, but Igave it another day to be sure, and kept itin a separate bag from my sign, notwanting any bloodstains on the poster­board.As it became clear to me that I wouldmost likely be holding down the fortalone on Friday and Saturday, I beganconsidering in my mind how to achievemaximum shock value with the blood­stained crotch uniform. I woke up in themiddle of the night, several days beforethe demonstration, with a dramaticthought, “Bring back the mask!” And soI thought of different ideas, it wouldhave to be white of course, a pillow slip

just looked amateurish I found, finally awhite mesh laundry bag over a rainbowmesh bag worked for me. I thought thecharacter should have a designation,went through several ideas, and decided“Eternal Man” would allow me to rep­resent all victims ­­ past, present, future­­ and I posted it on Facebook in ad­vance, hoping the community would vetit with feedback. Saving our Sons wasvery helpful in that regard with a sugges­tion that, while the mask was very dra­matic, my own face and name wouldwork better for the demonstration, and Iagreed with their reasoningI carefully prepared my “travel pack” forAmtrak and BART transit to the demon­stration site. The sign fit in a large lawnand leaf bag, along with a detachablestick, and my bloodstained paints went inthe bag also. I used the same large clipsto hold the bag shut as held the stick inplace on the sign, and it worked well.

I was a little apprehensive about appear­ing on the street alone in my blood­stained suit, and the “change of clothing”presented a challenge. I don't know whythe transition from “normal” to “dramat­ic” should be a potential moment ofawkwardness but I've found it to be true.When we wore the masks in 1980, wealways found a private place to trans­ition, even though many people knew usboth masked and unmasked. It just seemslike a private moment. Fortunately, I haddemonstrated with BAI the week beforeand noticed that Jonathon Conte hadfound a bus shelter where he prepared hisdemonstration materials. That same busshelter worked fine for me in that regard,at the corner of 4th and Howard. I couldturn my back on the traffic to put on andtake off my bloodstained pants, and theshelter concealed me from pedestrians aswell.The moment when I had to leave thesafety of the shelter and face the worldalone with bloody pants was a momentof high tension for me. I walked out tothe stoplight with my sign held high inthe air... and the tension instantly left mybody. I felt in command of the street, andthat feeling never left me during my ninehours of duty over the weekend.Everyone who demonstrated in New Or­leans will understand the experience ofconfronting medical professionals withan angry protest, and I would say thisexperience paralleled the AAP demon­strations in that regard. Most conferenceattendees would not look me in the eye,or would give a slight glance and thinkbetter of it. Often I could not read a per­

F

San Francisco

Brother K protesting outside the

Association ofMedical Colleges

Meeting, November 2, 2012

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page 24 Attorneys for the Rights ofthe Child Newsletter Spring 2013

son's reaction but they'd give a slight nodjust as they passed me on the sidewalk.On balance, I would estimate that theAAMC attendees are largely pro­circ,possibly as much as 80%, just a guess­timate on my part from the hundreds andhundreds who walked by me on the side­walk.I already reported on Friday's experiencein another comment. It went well andnumerous attendees and passersby incars and on the street responded favor­ably. I saw many cameras capturing thedemonstration, an admittedly non­sci­entific way of measuring its success. OnSaturday, I heard a voice call out overthe roar of traffic, “Turn around please!”On the other side of 4th street were twowomen with a camera, so I held my signhigh for them, they took the photo,smiled and waved, and went on theirway. A number of people took photos onboth Friday and Saturday.I was particularly pleased to meet Mattand Julie Orlando yesterday – theyhappened by the demonstration site onan afternoon stroll through their new ho­metown. Matt is the grandson of MarilynMilos, and I can't tell you how proud Iwas to meet him and Julie, and to seeMarilyn's spirit in him. We had a nicechat and took photos of each other,which I will share on Facebook, andMatt will also I believe.There were hundreds and hundreds morepeople in attendance on Saturday thanFriday. I couldn't believe the foot trafficcoming from the hotels, all converging atthe stoplight at Minna and 4th Streets, aready audience for our message. Theycrossed the street in droves, a dozen ortwenty at a time, right from the moment Iset up camp there, about 9:50 a.m., and Irealized such an audience would notcome again. You can imagine the voicepower it took to address such largecrowds with traffic buzzing, even roaringin the background, and people talkingwith each other... and my voice is hoarsetoday as proof.So I took over that intersection, and ad­dressed the crowds as follows, “America,would you cut your daughters and grand­daughters? Why not? Because it's bar­baric! Well, it's just as barbaric to cut

your sons and grandsons! How dare you!How dare you! What kind of people arewe? No more second class citizenshipfor baby boys! Don't cut boys! Don't cutgirls! You can leave your conscience onthe sidewalk like bubblegum under myshoe, or you can think about it!”Obviously I couldn't say all that at anyone time, but it's a pretty good version ofmy overall speech to the crowds at thecorner. The “conscience on the sidewalk”comment evolved because of noses heldhigh in the air and people affecting “notto hear a thing.” You all know THATdrill.Early on, about 15 minutes into themorning, a doctor walked by and snarleda vulgarity at me. I called out, “Comeback and say it to my face!” He walkedon and repeated it over his shoulder. Ianswered, “Hey, chicken, say it to myface!” He hesitated, slowed down, turnedaround, glared at me, and reluctantlymade his way back to stand eyeball toeyeball with me. He repeated it again.“Why do you say that?” I answeredcalmly. You can imagine the look of furyin his eyes. He shouted again directly infront of my face, turned around, andmarched away. “Chicken!” I called out tohim. “Come back and say it again!Chicken!” At no point did I threaten anyphysical violence, but I am going to an­swer psychological violence with greaterfury than they've ever seen, and I did infact.Several minutes later a Moscone Secur­ity guard approached me, saying, “Wehad a complaint. This is a warning. If ithappens again, we'll have to call in SanFrancisco Police to deal with you.” Hewas the same Security guard who'd seenme the day before. I said, “Did they tellyou I was responding to an “F U?” “No,”he said, realizing that my verbal assaulthad not come out of nowhere. “You can'tdo that again,” he warned me. “I under­stand,” I said.About an hour later, a street tough ap­proached me, saying, “I'm _______ ...what's gonna happen to me?” I had nointention of engaging in an argumentabout religious beliefs, and his mannerwas so bullying that I just nodded at himand returned to my audience at the

stoplight. He kept at me for a while, be­hind my back, and several minutes later,when I turned around to finish my speechto a group of people, he said,"You wanna see my circumcised penis?”and he started to open his trousers. Iturned away and ignored him. This wenton for about 10 or 15 minutes, him re­peating, “I'm ________ ! What's gonnahappen to me?”I kept on addressing the hordes of peoplecrossing the street there. The “agent pro­vocateur,” as I concluded he was, tookoff his large, thick black belt and beganstriking the sidewalk and trashcan withit, as though he were lashing a slave withhis belt. Something about the guy didn'tring true with me... he didn't seem tohave any religious convictions beyond aone­line statement, and he appeared to bea guy someone had slipped a twenty,with instructions to scare me off thecorner. He became so aggressive inslamming his belt wildly that he almosthit a group of three woman with it.I crossed the street to get away from him.He cried out, “Hey, you in the white suit,get back here and face me!” It was clearthat he was not going to go away until heintimidated me off the corner, and I real­ized it was a situation I could not control.I walked in the street to avoid him andwent in search of Moscone Security.They were nowhere in sight at my locale,although earlier they had remained on thesidewalk, monitoring me for about halfan hour after the complaint. I finallyfound a woman in Moscone uniform atthe far end of the block, reported the in­cident to her, much to her alarm I shouldadd, and she promptly walked back withme to look for the guy. He was nowherein sight, having decamped obviouslywhen I went in search of help. He nevershowed his face again. I cannot provethat he was a hired thug but it's my be­lief, based upon the totality of his beha­vior and mannerismsSo there you have it, my best summaryof two days on the front lines of the cir­cumcision war. I don't intend to play po­lite with the medical community on thisissue. People hardened their opinions along time ago.

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 25

Protest Served at Physicians'Annual Dinner

Jonathon ConteBay Area Intactivists

www.bayareaintactivists.org

uman rights activists with signsand faux blood­stained clothesflanked the entrance of the Con­

cordia­Argonaut Club on the eve of theSan Francisco Medical Society's 2013annual dinner to protest the physicians'opposition to the San Francisco MaleGenital Mutilation Bill. The ballot initi­ative, which garnered the support of over12,000 San Francisco voters, sought torestrict non­therapeutic circumcision toconsenting adults. Despite one of itsstated goals being the advocacy of pa­tient rights and the responsibility of itsmembers to adhere to medical ethics, theSan Francisco Medical Society endorsesthe genital cutting of healthy maleminors without the consent of the patientor any medical diagnosis. During theprotest, members of Bay Area Intactivistspointed out that the medical organiza­tion's position on routine infant circum­cision lies in awkward contrast to that ofnational medical organizations aroundthe world, none of which recommendroutine infant circumcision.

Members ofBay Area Intactivists protest

outside the San Francisco Medical

Society's Annual Dinner to condemn the

organization's opposition to the San

Francisco MGMbill

Human Rights ActivistsDemand Clinton FoundationEnd Exploitation OfAfricans

Anthony LosquadroExecutive Director, Intaction.org

March 4, 2013uring tonight's Clinton Founda­tion Millennium Network eventfeaturing a dialogue with Pres­

ident Bill Clinton , Chelsea Clinton , andHollywood actor Ed Norton , protestersfrom the human rights organizationIntaction.org disrupted the show wearingbloodstained white suits to protest theexploitative and racist health policies in­volving the circumcision of African men.The concept of HIV prevention throughcircumcision began with biased medicalresearchers searching for a solution tothe AIDS pandemic that could be mar­keted to government agencies and phil­anthropic organizations. The researchteams that could develop a marketablesolution, regardless of efficacy, would berichly rewarded with grants, researchmoney, and tenure at their institution.The U.S. President's Emergency Plan forAIDS Relief (PEPFAR), the ClintonFoundation, and the Gates Foundationjumped on the circumcision bandwagonto demonstrate their effectiveness to theirstakeholders and their donors. However,

these organizations were either mis­guided or blinded by their quest to in­crease goodwill and donations by hypingcircumcision.Male circumcision is a dangerous mis­take in the fight against HIV, and it en­dangers both men and women. Recentstudies examining circumcision rates andHIV prevalence found that circumcisiondid not significantly reduce the rate ofinfection in Africa, Europe, the Carib­bean, and America.U.S government medical authorities andU.S. academic researchers have acheckered history over human rights,ethics, and outright racism with STD ex­periments. From the Tuskegee experi­ments done to American black men to thedisastrous STD experiments conducted inGuatemala, American researchers arenow inflicting the same racist theoriesand pseudo­scientific experiments onAfricans.African men and women are being dupedinto the belief that circumcision offerseffective protection from HIV. These or­ganizations can tout their achievementsto keep their revenue streams flowing,while poor Africans suffer from the con­tinued spread of HIV and the traumafrom the loss of their foreskins.

(l. to r. ) David Grant , Anthony Losquadro, CHand Rob Tsvetkov

disrupt an interview with Chelsea and Bill Clinton (inset)

Intactivists vs. the Clintons

DH

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page 26 Attorneys for the Rights ofthe Child Newsletter Spring 2013

President Clinton'sEvent Disrupted by

Anti-Circumcision ActivistsDeirdra Funcheon

March 5, 2013New Times Broward Palm Beach

www.browardpalmbeach.comurely, President Clinton was alittle freaked out last night whenin the middle of his event—a

Clinton Foundation Millennium Networktalk in New York featuring the formerpresident, Chelsea Clinton, and actor EdNorton—a whistle blew and a group ofmen stood up, held hands, and chanted,“Stop exploiting Africans; circumcisiondoes not stop AIDS!”The protesters were self­described “in­tactivists"—those who believe that cir­cumcision is actually a mutilation of thegenitals.Although circumcision is routinely per­formed on infants in the United States, itis not in other developed countries. Ger­mans even moved to outlaw the practicelast year (though Jews stopped the lawon religious grounds), and it is banned insome Australian hospitals. Circumcisionbecame widely popular as a means toprevent males from masturbating.Today's medical establishment generallysupports circumcision, arguing that it haspreventive effects for penile cancer andother diseases, though some studies sayit leads to erectile dysfunction and otherproblems.Last night's protest was led by a groupcalled Intaction.org and promoted by“The Barefoot Intactivist” ­­ a Universityof Florida graduate who gives his nameas Kevin and who runs barefoot to pro­mote awareness of the anti­circumcisioncause.Protesters targeted Clinton because hehas been a huge supporter of programsthat seek to circumcise hundreds of thou­sands of African men in an attempt toslow the spread of AIDS.Protesters say this is misguided ­­ thatthe research is flawed ­­ and that Afric­ans are being used as pawns in scienceexperiments.Anthony Losquadro, executive director

of Intaction, said that he and seven otheractivists had been planning the protestfor a month. They each bought $100tickets to the event, and had actually in­tended to put on white suits with blood­stains on the crotches before standing up,but the rows were packed too closely to­gether to maneuver without sending theaudience into a panic.Losquadro said it was about midwaythrough the program, when Norton wasinterviewing the Clintons about theirfoundation's initiatives, that his group in­terrupted. Clinton coolly said, “OK, youguys had your chance to speak, now it'smy turn” and “attempted to engage us ina little bit of a dialogue. He mentionedthe three studies in African countries thatshow circumcision results in a 60 percentreduction in the transmission of AIDS.”These three studies are the basis uponwhich millions of dollars are funneledinto circumcision campaigns, thoughanti­circumcision activists say the re­search is flawed. “But it's kind of diffi­cult to do a dialogue [about such acomplicated subject] in the middle of theevent,” Losquadro said, “so we changedour chant to 'Condoms, no cutting' be­cause we believe that condoms, educa­tion, and antiretrovirals are much moreeffective [in stopping the transmission ofAIDS/HIV]. Then Chelsea Clinton inter­jected and said, 'The two are not mutu­ally exclusive,' and we were escorted outof the building and the Secret Servicequestioned us.”Losquadro says he became an activistbecause “I see circumcision as the wrongthing to do to babies because they can'tconsent,” he said. “It's just a matter ofright and wrong, and we believe we're onthe right side of this issue.”A statement by Intaction called Africancircumcision campaigns “exploitativeand racist health policies,” explaining:The U.S. President's Emergency Plan forAIDS Relief (PEPFAR), the ClintonFoundation, and the Gates Foundationjumped on the circumcision bandwagonto demonstrate their effectiveness to theirstakeholders and their donors. However,these organizations were either mis­guided or blinded by their quest to in­crease goodwill and donations by hyping

circumcision. Male circumcision is adangerous mistake in the fight againstHIV, and it endangers both men and wo­men. Recent studies examining circum­cision rates and HIV prevalence foundthat circumcision did not significantlyreduce the rate of infection in Africa,Europe, the Caribbean, and America.

Intaction Protesters DisruptClinton Foundation Event byCalling Attention to AfricanCircumcision Exploitation

Anthony Losquadro, Executive DirectorIntaction.org

March 5, 2013uring the Clinton FoundationMillennium Network eventwhich featured a dialogue

between President Bill Clinton, ChelseaClinton, and Hollywood Actor EdNorton, protesters from Intaction.orgdisrupted the show to protest theexploitative and racist health policiesinvolving the circumcision of Africanmen.Protests and demonstrations are aneffective and low­cost means formovements to raise awareness and getattention. Some famous protests includethose lead by Rev. Martin Luther King,Chinese Tiananmen Square protesters,1960's draft card burning & Vietnam warprotests, and the gay rights NYCStonewall protesters.Earlier this year we discovered BillClinton would be speaking at an eventwhere we could gain access. Clinton hasbeen an outspoken supporter of AfricanHIV/circumcision projects. He has givennumerous speeches on the issue,including one at AIDS 2012. You canwatch some of his talks on c­span.The Clinton Foundation is usingcircumcision and HIV issues to furtherits fund­raising goals by exploitinggullible Africans.Our protest was a coordinated andplanned effort by several people. Keyelements for a protest include thefollowing:

S

D

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 27

–We had sufficient time to plan. Wemade the final decision to protest 30days in advance.

–Our message was on­point, and themessage was framed for a newperspective on the issue. We did notmake circumcision the direct subject ofour message. Instead we focused on theexploitation of Africans, a more sensitiveissue for donors.

–We had a sufficient number ofpeople that were willing to be involvedto show solidarity. Should a protest havetoo few participants, it starts to appear asa fringe element.

–The subject person of the protestwas relevant to our issues, and theprotest had a clear meaning.

–We had a large and significantcaptive audience consisting of an ex­president and his rich donors.

–To help obtain media attention wescheduled a press release timed forpublication during the middle of theevent.We organized our team which consistedof Rob, Adam, David, Gary, Nick,George, Barefoot­Intactivist, and myself.We decided that four of us would standup and chant. We positioned twointactivists to flank the protesters and actas “defensive ends.” Additionally, wehad two intactivists with cameras, one torecord the protesters and one to recordthe President.I obtained a coach's whistle which Iwould use to stop the show and focus allattention on the protest.We “smuggled” our bloodstained whitesuits through the front door by hidingthem folded under our shirts. Whilepracticing at home, I didn't have anydifficulty suiting up from a seatedposition. However, the tight theaterseating gave us insufficient room to donour suits without arousing the suspicionof security. The theater house lights wereturned down making the darkness furtheradd to our difficulty. We pressed onfumbling with our suits, however thenoise was drawing too much attention.With no foreseeable opportunity to donour suits, I disappointedly signaled to theteam to abandon the bloodstained suits.The time had finally come when we had

to make our move. Clinton wasdiscussing Haitian relief efforts. As soonas he finished up, I was determined tomake African circumcision the next topicon the agenda of the evening. I texted ourwaiting cameramen “HERE WE GO” toprepare them.Still seated, I put the whistle in mymouth, and locked hands with David andGary. I knew in the next few seconds theentire crowd would turn around from theblast of my whistle. The audience wouldbe stunned by our audacity to interruptthe President. I was wondering if SecretService or security would tackle us.Could there be plainclothes policelurking in the audience? It felt like we onthe top of a roller coaster ride ready totake the plunge, and by my next breaththere would be no turning back.Once our protest began I can't give anaccurate recount of events because theadrenaline rush interfered with allsensory input. I do remember Clintonsaying, “OK, you had your chance tospeak, now it's my turn.” He then told theaudience about the oft­quoted threeAfrican trials that “proved” circumcisionprevented HIV transmission by 60%. Ithen borrowed a phrase from IntactAmerica and started chanting, "Condomsnot cutting." Chelsea glibly responded bysaying, “I didn't know the two weremutually exclusive.” Feeling that ourmessage had been sufficiently delivered,I ended this surreal dialogue between theex­president, his daughter and us, andsignaled our group to exit.Even though we disrupted the President'sevent, once our message was deliveredwe exited the theater in a dignifiedmanner. Our aim was to give thePresident and the audience a newperspective while not raising their ire tothe point where we closed their minds.What could be more powerful than acoordinated group of people with thecourage and patience to deliver such amessage and then walk out in protest?The whole experience, from the initialplanning, to the execution, to sharing afew beers and laughs afterwards thatnight, created a terrific bond between ourgroup. The experience left us with newconfidence and strength to take on future

challenges in life. We hope we inspireothers to take up the fight for humanrights and genital integrity, and to bringthe genital integrity movement to a newlevel of intensity. You can read more about why

circumcision is a dangerous mistake for

HIVprevention on Intaction. org.

Stop Exploiting AfricansGary CostanzaMarch 4, 2013

he ushers at the BrooklynAcademy of Music were asstunned as Bill and Chelsea Clin­

ton – patrons usually don’t stand mid­performance and shout slogans at thestage ­ so no oneshould blamethem for notrestoring order.That night, March4th, some cool in­tactivists and Ipulled off anamazing protest:we interrupted aClinton Founda­tion MillenniumNetwork talk atthe Brooklyn Academy of Music, stand­ing and chanting “Stop Exploiting Afric­ans” and “Circumcision Does Not StopAIDS” to protest the misguided efforts tocircumcise millions of African men tostop AIDS, stunning the audience, Bill,Chelsea, and actor Ed Norton. Alreadythere’s been good press on the internetabout our “action” and a lot of intelligentcomments. See Intaction.org orIntactamerica.org or their Facebookpages to see some photos and videos.I’m an MRA from way back, and I justhappened to run across AnthonyLosquadro’s group and website, intac­tion.org, and realized that he was local,so I wrote him and asked him to keep mein mind for any acts of protest, as I’d al­ways wanted to do things like picket andhand out leaflets at a hospital or facilitythat performs circumcisions. So, abouttwo weeks before the event Anthony asksif I’d like to be a “Bloodstained Man” toprotest the drive to circumcise Africans,

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Gary Costanza

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and I told him I’d think about it. Well, Iknew I had to do it, for when duty callsand it falls in your lap like this, espe­cially with talents like Anthony and theothers who put themselves out there – itmay sound corny – for the children, andnow, for the Africans, I had to help theseguys and maybe put some doubt in theminds of potential Clinton Foundationsupporters about the drive to circumcise.It might even have the effect of putting asmall grain of doubt in the ClintonFoundation’s support of mass Africancircumcision.The plan was to attend the ClintonFoundation talk by buying tickets andsitting together in the orchestra and thendonning the “Bloodstained Men” jump­suits (white w/bloodstained crotch) whileseated, then standing while zipping upthe jumpsuits. Anthony on my right, thehead Bloodstained Man, would nudge usto put on our suits and stand, holdinghands in a spread­eagle position – to sig­nify the strapping down of a baby boy –while he blew a whistle to get everyone’s

attention, and then we’d start our chants.But midway through the talk, Anthonytexted the guys – there were eight of us –that we were ditching the jumpsuit ideaas the close quarters and darkness madethat near impossible, but everything elsewas go at the next mention of “HIV” on­stage. Then, we got the nudge and stoodup, four of us, holding hands and chant­ing “Stop Exploiting Africans” and “Cir­cumcision Does Not Stop AIDS,” whichwe changed to “Condoms Not Cutting.”It was great because the whistle and ourappearance stunned and silenced every­one while we did our chants, until BillClinton finally responded with “OK, youguys had your chance to speak, now it’smy turn” and then cited the discredited60% HIV reduction rate argument. Wewere still chanting but ready to exit so Itook a parting shot, telling the Clintonsthat circumcising Africans would onlyencourage them NOT to use condomsand ultimately cause more AIDS deaths.We figured we’d made our point so westarted our exit and to my amazement no

one really was pushing us out, but theydid make sure that we all left thepremises. We were elated how it all went,slapping each other on the back on theway out, glad to have made our point andnot gotten arrested.We were, however, approached by twoSecret Service agents who asked if wewere anti­Clinton and if we had a leaderor organization, to which I wasn’t volun­teering any information. They were ac­tually friendly and said they appreciatedthat we were well behaved and didn’t tryto stay and cause trouble and mainly thatwe were simply a group of passionateactivists.I’d like to thank my fellow intactivistsAnthony, David, Rob, Nick, Kevin,Adam, and George for a well­organizedand effective protest and allowing me tojoin them in this “lesson” we gave Clin­ton and any circumcision sympathizers. You can watch a video on the protest on

the JerryTheOther YouTube channel

Book Reviews

Review: The Sorcerer'sApprentice

Review by J. Steven Svoboda

“The Sorcerer’s Apprentice: Why Can’tthe United States Stop CircumcisingBoys?” by Robert Darby. Canberra, Aus­tralia: SJF Publishing. 61 pages. Pub­lished only as e­book and available fromAmazon.com. $4.77.

edical historian Robert Darby(author of the 2005 Universityof Chicago Press book A Sur-

gical Temptation: The Demonization of

the Foreskin and the Rise of Circum-

cision in Britain, which upon its appear­ance I reviewed, describing it as“spectacular”) has recently published ashort electronic book (e­book) about cir­cumcision, The Sorcerer’s Apprentice:

Why Can’t the United States Stop Cir-

cumcising Boys?, expanded from a 2005article he published in the journal Con­texts. Full disclosure: I have collabor­ated with Rob Darby on somepeer­reviewed articles, met him person­ally in Canberra in 2000, and considerhim a friend as well as a colleague.Darby’s work uniformly evidences awell­honed sensibility, erudite know­ledge of his topic, and a smooth writingstyle, and Sorcerer’s Apprentice is no ex­ception. The author offers a felicitous,even pleasant read about what for many

of our readers will be the unpleasanttopic of neonatal circumcision, whichDarby shows us is a wasteful and harm­ful procedure.The Sorcerer’s Apprentice is not primar­ily intended for the same audience that islikely to be reading this review, butrather for people who have never reallyquestioned or thought much about theUS’s most common surgical procedure.Nevertheless, it is undeniably useful tohave a short, accessible, reliable sourceto which to refer intelligent yet unin­formed friends and acquaintances whomay wish to learn more about this pecu­liar American practice.Darby underscores the inapplicability toa non–therapeutic procedure of a risk­benefit analysis, given that the latter is aframework devised to determine the ap­propriateness of therapeutic medicalprocedures treating pathological condi­tions. The author trenchantly points out

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the egregiousness of seeking reasons tojustify foreskin removal, arguing, “Med­ical authorities should start at the otherend, as they do with any other body part:the foreskin is normal male anatomy…let us see what we can do to protect itfrom the mechanical faults and diseaseprocesses to which it may be at risk.”As an Australian author, Darby may havebeen particularly well­positioned to ana­lyze this practice with objectivity. Theauthor briefly yet effectively surveyssuch topics as the significant differencesin the incidence of circumcision in dif­ferent regions of the US, the invalidity of“medical” arguments that attempt to jus­tify the practice, the HIV shibboleth, andfinancial incentives for the perpetuationof the practice. Darby does not refrainfrom contextually noting the US’ re­markably poor performance relative tocomparable countries on various healthindicators.Any defects in this fine work are vanish­ingly minor, such as the author’s failureto elaborate on his reference to the lam­entable suicide of Bruce Reimer. The

readers for whom this book is designedare surely a disjoint set from the readerslikely to know that Bruce Reimer wasthe intact brother of David Reimer, thelatter being the “John/Joan” who was thesubject of John Colapinto’s book abouthow he lost his penis from a circum­cision and then was further traumatizedby Dr. John Money’s egregious “treat­ments” of him and his brother as well asby Money’s attempts to convince theworld of his ostensibly smooth conver­sion to a “girl.”The author goes into some detail in dis­cussing the historical context in the US andthe development of what Darby terms themedical establishment’s “demonization ofthe foreskin.” He usefully summarizes anarticle by Geoffrey Miller about the normentrepreneurs who successfully introducedinto society the meme that the foreskin is“polluted, chaotic, and bad.” Darby thengoes on to review Sarah Waldeck’s in­triguing work extending Miller to considerhow the current American frame might bechanged to support the right to an intactpenis. The concept of doctors as culturalbrokers is discussed at some length, with

the author providing some useful analysesto deepen and refine our understanding.Historical discussions and issues relatingto HIV are analyzed at a deeper level,followed by a reflection on the remark­able coup pulled off by which the burdenof proof regarding circumcision now ap­pears to lie with those who would protectthe child’s right to bodily integrity.Darby concludes with a lengthy ap­pendix prepared by Doctors OpposingCircumcision (DOC) commenting on theAAP’s 2012 circumcision policy state­ment. As this appendix was not authoredby Darby, and as it is available online,and as more complete and authoritativerefutations of the AAP’s 2012 statementhave appeared since the DOC comment­ary was published, it might have beenpreferable not to have included it as partof the e­book.Robert Darby’s electronic book is an in­valuable tool in any intactivist’s toolkityet costs under five bucks, and receivesmy highest possible recommendation.Don’t miss it!

Review: Forgetting ChildrenBorn ofWar: Setting theHuman Rights Agenda in

Bosnia and BeyondReview by J. Steven Svoboda

Forgetting Children Born of War: Settingthe Human Rights Agenda in Bosnia andBeyond. By R. Charli Carpenter. NewYork: Columbia University Press, 2010.273 pages. www.cup.columbia.edu. Noprice listed on book but website givesprice as $37.

Charli Carpenter, assistantprofessor of political scienceat the University of Mas­

sachusetts­Amherst, has done that rarestof things. She has written a book, For-getting Children Born ofWar: Setting the

Human Rights Agenda in Bosnia and

Beyond that is so outstanding that ulti­mately it comes to shed light far beyondits focused topic. Full disclosure: Car­penter has extensively interviewed me inpreparation for her next book, whichanalyzes several political movements in­cluding intactivism.First of all, it has to be said that Car­penter is nothing less than an astound­ingly lucid and fluid writer, a purepleasure to read. Words fairly flow fromher pen (or more likely, computer) in away that for me almost recalls a bygoneera when greater attention was paid tocraft and to the perfection of every detailof a creative effort. Truly, her facilitywith the written word is nothing short ofbreathtaking.

Even the book’s preface is exceptional.Carpenter weaves a web combining nu­merous acknowledgements, fascinatingglimpses into segments of her researchpath, and surprisingly personal revela­tions about her own career path and in­tegration of motherhood with research.Carpenter’s book addresses the failure ofthe human rights community to effect­ively address the needs of children bornof war, i.e., offspring of wartime rapes.At first, this lack of attention might seemsurprising, even odd, but as the authorteases apart the issue, patiently filling usin on the various relevant human rightsand government mechanisms, it comes toalmost seem inevitable.Certainly—as Carpenter would be thefirst to agree­­the human rights of theseparticular children have not been neg­lected due to any sort of conspiracy toexclude them from protection. Even fora longtime toiler in the human rightsfield like myself, I had never reallybrought the conscious attention that the

R.

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author lavishes on detailing the highlypolitical processes by which humanrights resources get allocated.Carpenter points out that not only is theassistance these children need not forth­coming, but until she started work on herbook, no one outside Bosnia was evenasking the questions about these chil­dren’s outcomes, and about how to bestprotect their human rights.The relevance of Carpenter’s book to is­sues far beyond its literal scope becomesevident even in the opening pages, whenshe notes that:the construction of specific categories ofrights claims in international societydoes not follow a rational, linear processin which the most vulnerable populationsreceive attention on the basis of need andmerit. Rather, attention to issues by hu­man rights advocates is conditioned bymyriad political, organizational, cultural,structural, coalitional, and economicfactors; and some combination of thesefactors may draw attention away fromcertain individuals regardless of the mer­its of their case.A bit later, the author notes, “[H]umanrights discourse and practice are con­structed according to racist, sexist, andageist assumptions.”The relevance of this analysis to intactiv­ism is clear: The right to genitalautonomy or genital integrity is currentlya neglected right, parallel in that sense tothe plight of children of war rapes andneglected for presumably similar reasonsthat probably also combine aspects of the“political, organizational, cultural, struc­tural, coalitional, and economic…” Cer­tainly various opponents of femalegenital cutting (FGC) have forthrightlyadmitted that they have not made com­mon cause with intactivists for consciouscoalitional and political reasons. Clearly,then, sexism can cut in both directions,as Carpenter has herself previously ac­knowledged in different contexts.Another passage with relevance to in­tactivism comes a bit later, when Car­penter laments that “rarely were childrenborn as a result of rape imagined as sub­jects of human rights concern within

these narratives. Instead, they func­tioned as symbols. Their identities anddescriptions of their fate were manipu­lated and constructed so as to serve theinterests of actors with very differentagendas.” Intactivists sometimes findtheir issue so completely neglected thatthe infant boys are not even manipulatedand constructed to serve other agendas,but in any event, the failure she describesto see these children as people ratherthan as symbols is compelling.Carpenter is right that one explanation ofdifferential treatment of different classesof victims is that “some issues can beframed more easily than others so as toresonate with policymakers and publics,”or phrased somewhat differently, “thereis tension between protecting somegroups and protecting others.”And surely she is equally correct that,“By the same token, some issues reson­ate more easily with potential politicalentrepreneurs within advocacy organiza­tions.” In yet another piece of trenchantanalysis with high relevance to intactiv­ism, she shows how complex issues thatdon’t cozily fit into existing boxes andanalytical frames may not even be con­sidered as attention is focused on moreeasily solved problems.Another principle that is also applicableto intactivism is that problems that canbe assigned to intentional actions byidentifiable persons are easier to get ac­tion on than “problems whose causes areirredeemably structural.” Still another isCarpenter’s signal conclusion that “whatdistinguishes successful from unsuccess­ful international issues is not the actualnature of an issue but rather advocates’perceptions of the political and normat­ive costs of advocacy. This in turn is afunction of the way in which an issue isperceived to fit within an existing set ofnarratives about human rights.”The author shows how the pervasive as­sumption that the child’s interests arealigned with the mother’s is repeatedlydisproven yet without much institutionalwillingness to consider the child’s in­terests for their own worth. Along simil­ar lines, all too often the children—whenthey are discussed at all—are primarilyor exclusively discussed as symbols

rather than as living human beings withtheir own needs and rights.Later, in a truly enthralling section thatreads like a primer in political analysisof human rights protections, she showsthat progress in providing justice to wo­men suffering wartime rape was accom­panied by a lack of attention tosecondary harms of such rape, includingthe plight of children born as offspring ofsuch rapes. A brilliant piece of analysisshows a bit later that the apparent puzzleof a number of feminist scholars accept­ing the rejection of children born as aresult of genocidal rape becomes moreunderstandable “given the genderedstructure of international law itself.” Shedemonstrates that surprisingly, all toooften “feminist articulations of war rapedovetail… conspicuously with theframes of religious conservatives…”Carpenter shows that it is hard to get trac­tion for culturally sensitive issues andmoreover that advocates’ concern withtheir own “personal career trajectories”may reduce their likelihood to “publiclysupport emergent issues,” particularlythose that may be controversial. Incred­ibly, some practitioners have gone so far asto argue for the acceptability—at least un­der certain circumstances—of infanticide.Near the end of her remarkable book, theauthor launches into a discussion of thedifficulties and pitfalls that may arise in at­tempting to raise a new issue with theUnited Nations’ human rights apparatus.Children, she shows, are disadvantaged bythe relative ease of dismissing claimsbrought by “champions” rather than therights claimants themselves. Also, “exist­ing narratives about who is the victim”color the reception that may be received.Moreover, “the way in which a particularproblem is constructed early on and linkedto other human rights problems can exerta powerful effect on the decisions of lead­ing advocacy organizations as to whetherto publicly discuss the issue.” Thus UN at­tention to male circumcision may be lim­ited by the history already created byanti­FGC organizations.Carpenter’s tone is admirably judiciousand free of blame, focusing on the facts.Her success at almost uniformly resistingthe impulse to privilege one’s own issue

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News

Consent Rule May Proceed fora Circumcision Ritual

Sharon OttermanJanuary 10, 2013New York Times

www.nytimes.comew York City health officialsmay proceed temporarily with aplan to require parental consent

before an infant may undergo a particularJewish circumcision ritual, a federaljudge ruled Thursday.City officials say 12 cases of herpes sim­plex virus have likely resulted from theprocedure, known as metzitzah b’peh,since 2000, including one Brooklyn casereported this week. Two infants died, andtwo suffered permanent brain damage.

Most Jews no longer practice metzitzahb’peh, in which the circumciser uses hismouth to suck blood from the wound,but it remains common among some ul­tra­Orthodox communities.Citing the risk of infection, health offi­cials in September introduced a regula­tion that would require parents toprovide written consent stating that theywere aware of the health risks.But the Central Rabbinical Congress ofthe United States and Canada, AgudathIsrael of America, and the InternationalBris Association sued in October to stopthe rule from taking effect, calling it aninfringement of their constitutionalrights. They also denied the procedureposed a risk and asked a federal court toput the rule on hold while the litigationproceeded.

In denying the request for a preliminaryinjunction, Judge Naomi Reice Buch­wald of the United States District Courtfor the Southern District wrote that therisks were clear.“In light of the quality of the evidencepresented in support of the regulation,we conclude that a continued injunctionagainst enforcement of the regulationwould not serve the public interest,” shewrote.City lawyers said they were gratified bythe ruling, but Andrew Moesel, aspokesman for the plaintiffs, said thegroups would appeal. “We continue tobelieve that this case is a wrongful andunnecessary intrusion into the rights offreedom of religion and speech,” hesaid.

Metzitzah B'peh

Penn Researchers ChargeOrthodox Misused Report on

Circumcision Rite,Claim Findings on Metzitzah

B'Peh Were DistortedSeth BerkmanApril 18, 2013The Forward

www.forward.comniversity of Pennsylvania offi­cials are crying foul over whatthey view as the illicit procure­

ment and misuse by several ultra­Ortho­dox groups of an internal study by Pennresearchers of a controversial circum­cision rite.

Penn’s Center for Evidence­based Prac­tice never published or released an as­sessment it conducted earlier this year ofevidence from prior studies showing therisk that the religious rite known as met­zitzah b’peh poses to infants, the offi­cials say. Yet somehow, ultra­Orthodoxgroups recently acquired the Penn studyfor use in a lawsuit opposing regulationof the practice by New York City’s De­partment of Health and Mental Hygiene.“The unpublished report was usedwithout our knowledge or consent, andimportantly, without proper context,” theUniversity of Pennsylvania Health Sys­tem charged in a statement released April

15. The school termed it “regrettable thatour evidence review was manipulated forpurposes other than advising physiciansof important clinical risk factors fornewborns.”In an April 10 email to the Forward, JoelBetesh, project director of the study, alsostated bluntly, “I do not agree with theway they are portraying our report.”The ultra­Orthodox groups claim that thestudy debunks the medical consensus thatinfants exposed to metzitzah b’peh, alsoknown as MBP, face a much higher risk ofcontracting neonatal herpes, a potentiallylife­threatening disease for newborns.

N

U

is yet another aspect of this book worthyof admiration. She writes incisively, lo­gically, without being visibly swayed bythe impulse toward political correctnessor alignment with reigning paradigms.There are almost no nits to pick in thisvirtually perfect book. I did find it a bit

curious that she mentions in her prefacethe enshrinement of children’s rights ininternational law with the 1976 entry in­to force of the Convention on the Rightsof the Child (CRC), without noting thatas an American, she hails from one of thethree countries in the world (the othersbeing Southern Sudan and Somalia) that

has not yet ratified the CRC.Don’t miss this true gem of a book. Des­pite being published by one of the topacademic presses, it is both priced andwritten so as to richly deserve general at­tention and acclaim. Three cheers!

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Circumcision ControversyEndangers Fight To KeepRite Legal in Germany

A.J. Goldmann, Donald Snyderand Nathan Jeffay

May 6, 2013The Forward

www.forward.comLawsuits Cite Rabbi's Videotape

of Metzitzah B'Pehhe practice of metzitzah b’peh, acontroversial part of some Jewishcircumcisions, is reigniting con­

cern about religious circumcision inGermany, where the government onlyrecently fended off an effort to outlawthe ritual altogether.The chief representative of Chabad inBerlin, Rabbi Yehuda Teichtal, has beenaccused of making MBP, as metzitzahb’peh is often called, part of the religiouscircumcision of his own infant son dur­ing a ceremony in front of 400 guests,including journalists. The ensuing uproarover the practice, which health authorit­ies say endangers infants, has split Ger­many’s Jewish leadership.The dispute has also led Israel’s ChiefRabbinate to rush to Teichtal’s defensewith a letter that critics say backtracks onits own recent directive to Israeli mohelsupholding a safe and sterile alternative toMBP.The German controversy comes on top ofan ongoing conflict between New York

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The three ultra­Orthodox groups —Agudath Israel of America, the CentralRabbinical Congress of the United States& Canada, and the International Bris As­sociation — submitted the Penn paper asevidence in their most recent court brief,filed in the U.S. Second Circuit Court ofAppeals on April 8. Their suit challengesa New York City regulation requiring amohel to obtain a signed consent formfrom the parents of a newborn beforeperforming direct MBP on the infant aspart of a ritual circumcision.MBP, a procedure practiced by some ul­tra­Orthodox mohels, involves orallysucking away the blood from the infant’sgenital area after cutting off his foreskinduring the bris, or ritual circumcision.The practice can infect newborns withherpes simplex virus type 1, according tomedical authorities. While not serious foradults, neonatal herpes can be fatal forinfants, or cause permanent cognitive orphysical damage.A study published in a journal sponsoredby the federal Centers for Disease Con­trol found that infants definitely or likelyto have been exposed to MBP during cir­cumcision face a risk of neonatal herpes3.4 times greater than that of newbornsoutside this group.Most mohels in this country use a sterilepipette for suctioning the blood. Butmany ultra­Orthodox mohels considerdirect suction of the genital area bymouth to be mandated by the Talmud aspart of the religious rite.Andrew Moesel, a public relationsspokesman at Sheinkopf LTD, whichrepresents the ultra­Orthodox groups, re­jected sharply Penn’s assertions that hisclients had misused the school’s study, orthat they had obtained it improperly foruse in their court suit.“We believe that we accurately charac­terized the intent of the review,” Moeselsaid, “in particular, underscoring signi­ficant limitations of the New York CityDepartment of Health’s non­peer re­viewed study on MBP and other literat­ure on the subject. The reviewdemonstrates that any causal link onMBP and type 1 herpes is far from con­clusive.”

Moesel added that he received the re­search paper “from a member of thePenn community” and that there was nosubterfuge involved. The study was pub­licly available on Penn’s website, he said.Asked to email the link to the paper,Moesel said he would send it to the For­ward “right away,” but then failed to doso. He did not respond to several follow­up emails reiterating this request.In an email to the Forward, Susan Phil­lips, senior vice president of public affairsat the University of Pennsylvania HealthSystem, wrote that the study “was neveravailable online from us and still isn’t.”Referring to an April 9 press release onthe study, also sent out by the ultra­Or­thodox groups, Phillips said, “I spoke tothe PR contact… and commented stronglyon the errors in the release, etc., but wehave never sent them anything.”The press release was sent out bySheinkopf LTD one day after the ultra­Orthodox groups submitted the Pennstudy as part of their court brief. It trum­peted the study under the headline, “IvyLeague Study Casts Doubt on ClaimsThat Jewish Tradition Leads to Herpes inInfants.” The press announcementclaimed that the study conducted atPenn’s Center for Evidence­based Prac­tice “found little evidence to support theclaim” that MBP “leads to an increasedlikelihood of herpes in infants.”“We have been saying for years that theevidence attacking this religious practiceis highly dubious, and now we haveworld­class doctors agreeing with us,”enthused Rabbi Gedaliah Weinberger,chairman emeritus of the Aguda’s boardof trustees, in the press release.According to Phillips, the press release“mischaracterized our review by imply­ing that there is no causal relationshipbetween circumcision performed withoral suction and the transmission ofneonatal herpes simplex virus (HSV)when the full report on the existing evid­ence concluded this link does exist.”The review’s conclusions are unambigu­ous. It says that existing studies on MBP“suggest that direct oral suction per­formed by a mohel during circumcision

may be a source for transmitting HSV­1infection to an infant,” which can causedeath. But the review also indicates that“this evidence base is small and signific­antly limited.” The researchers call formore studies to amass additional evid­ence.Just who initiated the study remains un­clear. Phillips said that the Center forEvidence­based Practice conducted it atthe request of “another physician in thesystem,” but she would not identify thatperson. “I can assure you, he has nothingto do with any of the groups involved inthis litigation,” she said.

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City public health authorities and ultra­Orthodox groups over the use of MBP inthat city. In Europe, where religious cir­cumcision itself stands on shakier groundin public opinion, some fear that theMBP controversy could imperil thebroader right to practice brit milah, asthe circumcision rite is known inHebrew.Christian Bahls, a 34­year­old mathem­atician, has filed a criminal lawsuitagainst Teichtal for allegedly employingMBP during his son’s March 3 brit milahat the Chabad synagogue in Berlin.Bahls, who was joined by several othersin his complaint, claims that a video ofthe event on the website of the Berlinnewspaper Tagesspiegel shows MBP be­ing performed. In fact, the video, whichbriefly shows the mohel taking a sip ofwine and bending down toward the 8­day­old infant, leaves the viewer unclearas to whether the procedure took place.Bahls told the Forward that after seeingthe video, he contacted the Tagesspiegeljournalist, who confirmed to him thatMBP had occurred.In an interview with the Forward,Teichtal, who heads Berlin’s ChabadJewish Education Center, would neitherconfirm nor deny that MBP was used.The Hebrew term metzitzah b’peh refersto a procedure in which a mohel orallysucks away the blood from an infant’sgenital area after cutting away the in­fant’s foreskin. The practice can infectnewborns with herpes simplex virus type1, according to medical authorities.While not serious for adults, the viruscan be fatal for infants, or cause perman­ent cognitive or physical harm.Since 2004, the New York City Depart­ment of Health has reported 13 cases thatit attributes to MBP, with two deaths.While rare, the incidence of this virusamong New York City male newbornswith confirmed or probable exposure toMBP — one in 4,098 — is 3.4 timesgreater than among newborns outsidethis group, according to a study pub­lished in June 2012 in the federal Centersfor Disease Control and Prevention’sMorbidity and Mortality Weekly Report.

Most mohels in the United States use asterile pipette for suctioning the blood.But many ultra­Orthodox mohels con­sider direct suction of the genital area bymouth to be mandated by the Talmud aspart of the religious rite. In January, NewYork City’s health department began re­quiring mohels who use MBP to obtain asigned consent form from the parents ofthe infant. But it remains unclear to whatextent mohels using MBP are complyingwith the new rule.In Germany last September, the coun­try’s Ministry of Justice drafted a law toprotect religious circumcision for Jewsand Muslims after a Cologne districtcourt ruled that this ritual deprives achild of his right to self­determinationand inflicts “bodily harm” and “assault.”The proposal passed Germany’sBundestag by an overwhelming majorityin December after heated public debate,and was seen as a victory for Germanyas a tolerant multiethnic society. Thenew law affirms the legality of religiouscircumcision but requires that circum­cision be carried out with the highestmedical standards.Bahls, who heads an organization forvictims of sexual abuse, says he filed hiscriminal complaint against Teichtal pre­cisely because these standards had beenviolated.In Germany, citizens may file publicsuits against individuals whom they be­lieve committed crimes. The Berlin stateprosecutor is still evaluating Bahls’scriminal suit.Meanwhile, Bahls has posted an explan­ation of his suit on his website, in Eng­lish, German, French, Hebrew andRussian.“I’d like to make one thing very clearright up front: This lawsuit is not drivenby any anti­Jewish resentments, but bythe strong belief that all children bear thesame inalienable rights,” Bahls’s websiteannounces.The anti­abuse activist also stresses thathis complaint is not aimed at religiouscircumcision in general. “That is an issuefor an internal debate among the Jewishpeople,” he writes. “I also disapprove of

any misuse of my efforts… by peoplethat use the issue of circumcision to fueltheir discriminating thoughts againstminorities.”Instead, Bahls writes: “My aim is to shedsome light on the circumstances of thisparticular circumcision. It clearly showsthat some people are unwilling to abide[by] at least the minimum standards setforth by law, for example just obeyingthe rules for proper medical treatment.”Teichtal counters that his son’s brit milah“was done according to the top medicallevel.”“The mohel has over 30 years of experi­ence and is a supervisor of mohels in Is­rael,” Teichtal told the Forward. Whileavoiding a direct answer to the questionof whether MBP was performed, Teichtalsaid: “We spoke to [the mohel] beforethe bris about the medical requirementsaccording to German law, and he assuredus that the bris would meet those re­quirements, and he did it that way. Therewere even several doctors in attend­ance.”Dr. Ulrich Fegeler, a spokesman for theGerman Pediatric Association, neverthe­less warned: “What this rabbi is accusedof doing is neither hygienic nor in ac­cordance with acceptable medical prac­tice. If this controversial procedurecontinues, it will be taken to the courtsfor legal action.”With the charges now filed against him,Teichtal said that “the important thingfor us as a community is to stand togeth­er.”That, however, is precisely the oppositeof what has happened since the contro­versy broke out. While Gideon Joffe,president of Berlin’s Jewish community,has voiced support for Teichtal and forthe Jewish community’s “right to prac­tice the traditions they’ve inherited fromtheir ancestors,” Dieter Graumann, pres­ident of the Central Council of Jews inGermany, stressed his organization’s op­position to MBP.The Central Council is currently in theprocess of drawing up guidelines for thecertification of mohels in Germany,

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Queens Infant Disfigured inBotched Bris, Lawsuit Charges

James FanelliMarch 5, 2013

www.dnainfo.comQueens [New York] rabbibotched the bris of an 8­day­oldboy, then told the dad that he

did an acceptable job, even though theinfant needed corrective surgery, a newlawsuit charges.Gavriel Barukh, the father of the boy, issuing Rabbi Mordechai Rachminov,claiming he sliced off part of his son'scorona glandis [i.e., part of the corona ofthe glans of the boy's penis] during the re­ligious ceremony on Oct. 16, 2011, at theBukharian Jewish Community Center in

Forest Hills, according to the lawsuit filedlast week in Queens Civil Supreme Court.After the ritual, Rachminov, 69, misledBarukh by claiming the circumcisionwas “performed appropriately and thathis conduct was within the standard ofcare and skill required of Jewish mohe­lim and circumcisers,” the lawsuit says.He also allegedly told Barukh that aphysician wasn't necessary. Even after itbecame apparent that the bris went awry,Rachminov and the community centerfailed to call a doctor, the suit says.Barukh claims that the delay in medicaltreatment resulted in greater permanentdamage to his son. The boy had to un­dergo corrective surgery with general an­esthesia and may need even more

procedures, the lawsuit says. A womanwho answered the phone at Rachminov'shome said the allegations weren't true. “Ididn't hear any of this,” she said.The Bukharian Jewish Community Centerwas also named in the lawsuit. A womanwho answered the phone at the center saidRachminov no longer works there. Shedeclined to comment about the lawsuit.Barukh's lawyer did not return a call forcomment.The practice of performing a bris becamea hotly debated topic in September afteran infant died from contracting herpesduring the ritual. The city Health De­partment said at the time that since theyear 2000, 12 babies have contracted thevirus during the religious ceremonies.

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Graumann told the Jüdische Allgemeine,Germany’s main Jewish newspaper. Andin compliance with Germany’s circum­cision law, mohels who perform MBPwill be denied a certificate, he vowed.The split paralleled the discord among Or­thodox rabbinical groups weighing in onthe controversy in Germany and elsewhere.Rabbi Pinchas Goldschmidt, the Mo­scow­based president of the Conferenceof European Rabbis, which is the primaryOrthodox rabbinical assembly in Europesince World War II, told the newspaperBerliner Zeitung in early April, that, forhygienic reasons, he recommended use ofa glass pipette for suctioning blood dur­ing circumcision. He criticized “closedultra­Orthodox communities” that “floutcommunity rules.”“While we respect Rabbi Teichtal’s rightto practice his tradition,” Goldschmidt said,referring to MBP, “we doubt it was wise todo so as a public community rabbi.”In a separate interview with the newsagency JTA, Goldschmidt hinted at his un­derlying concern. He said that he wantedto be “supportive of [Teichtal] without en­dangering the whole issue of brit milah.”Meanwhile, the Rabbinical Center ofEurope, a Brussels­based organization

founded by Chabad to rival the Confer­ence of European Rabbis, has stronglybacked Teichtal. In an April 18 editorialin the newspaper Frankfurter Rundschau,the center’s general director, MenachemMargolin, criticized Goldschmidt andothers for “aligning themselves withthose who are working against Jewishinterests.” He said that such misguidedefforts could lead to governments onceagain “accusing Europe’s Jews of inhu­man and uncultured practices.”In an interview with the Forward, Mar­golin cited a long list of commentary andrabbinical debates regarding MBP.“There are many things in each genera­tion that Jewish leaders are trying tochange and improve,” he said, butwarned, “this is not an issue that shouldbe discussed in a non­Jewish paper. It’ssomething to be discussed by rabbis.”The Israel Chief Rabbinate’s decision toenter the dispute on Teichtal’s side has,meanwhile, complicated perceptions ofits position on the issue in Israel itself.Earlier this year, the rabbinate issued aletter to Israeli mohels that was seen as aneffort to support the use of sterile pipettes.The letter followed an Israeli study whichfound that 30% of neonatal herpes in thecountry was attributable to MBP.

But in an April 22 letter to Teichtal fromMorsiano, the rabbinate’s director of thedivision for circumcisions, the Israelirabbi stressed that MBP was integral tothe circumcision ritual. There is no justi­fication for canceling MBP, he wrote,“unless the mohel has a sore in hismouth, or some infectious disease.” Atthe same time, Morsiano said that themohel is required to get the family’s per­mission to perform the oral suction.Medical authorities say that adult herpescarriers often have no sores and are un­aware they are infectious. Yona Amitai,one of Israel’s most prominent pediatricsexperts, said that in his view, the rabbin­ate had, through its letter, “highly dis­couraged” the alternative method ofperforming the rite with a sterile pipette.“I highly criticize this approach from thestandpoint of public health despite thefact that I am religious,” Amitai said.But Morsiano, in an interview with theForward, insisted that he has not comeout against the tube method, nor has hebacktracked on the recent letter to Israelimohels, which presented the sterilepipette method as equally valid. The in­tended meaning of the letter, according tohim, was that “there is no justification toabolish [MBP] as an option for thosewho want it.”

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Spring 2013 Attorneys for the Rights ofthe Child Newsletter page 35

Lawsuit Filed RegardingGenital Mutilationof Intersex Child

The Southern Poverty Law Center, oneof the country's most well­known legalactivist organizations, is representing theadoptive parents of an intersex childwhose genitals were mutilated prior tothe adoption.The article below describes the lawsuit.Parents Sue South Carolinafor Surgically Making

Child FemaleHolly Yan and Joe Sutton

May 15, 2013CNN

cnn.comhe adoptive parents of a childborn with male and female organssay South Carolina mutilated their

son by choosing a gender and having hismale genitalia surgically removed.The surgery took place when the childwas 16 months old and a ward of thestate, according to a lawsuit filed by theparents against three doctors and severalmembers of the South Carolina Depart­ment of Social Services.The child's biological mother wasdeemed unfit, and the biological fatherhad apparently abandoned him, accord­ing to the suit. So others made the de­cision.The child, now 8 years old, feels morelike a boy and “wants to be a normalboy,” said Pamela Crawford, the boy'sadoptive mother.“It's become more and more difficult,just as his identity has become moreclearly male, the idea that mutilation wasdone to him had become more and morereal,” she said in a video released by theSouthern Poverty Law Center, which isassisting in the case.

TBaby Dies in Israeli HospitalFollowing Circumcision

Yori YanoverJune 7th, 2013The Jewish Press

www.jewishpress.comThe circumcision had actually been per­formed flawlessly, and apparently babychoked during feeding.

newborn baby who was hospit­alized in serious condition atWolfson Medical Center in

Holon, Israel, from complications fol­lowing a rite of circumcision, passedaway on Friday. Both Chief Rabbis andthe Chief Rabbinate of Israel expressedtheir sorrow to the mourning family.The Chief Rabbinate of Israel stated that“immediately after the initial report ofthe incident, the director of the dept. ofcircumcisions in the Chief Rabbinate wasin constant contact with the mohel (ritualcircumciser) who conducted the rite, withthe doctors who treated the baby at the

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Last fall, city officials enacted a rule re­quiring parents to sign off on a bris beforeit can occur. Jewish groups are currentlychallenging the rule in federal court.

The rituals are mainly practiced by Or­thodox Jewish communities. They in­volve a rabbi or mohel excising thebaby's foreskin, then sucking out blood

from the cut with his mouth. The contactis how herpes can spread to the child.

“There was no medical reason that thisdecision had to be made at this time.”Marilyn Matheus, a spokeswoman for theSouth Carolina Department of SocialServices, said the agency does not haveany comment on the pending litigation.The defendants named in the suit alsoinclude doctors from Medical Universityof South Carolina and Greenville Me­morial Hospital.Sandy Dees, a spokeswoman for theGreenville Health System, said she couldnot comment because of the litigation.Assigned to be a girl, but identifying as

a boy

The child, identified in the lawsuit as“M.C.,” refuses to be called a girl andlives as a boy. His family, friends, school,religious leaders and pediatrician supporthis identity.“We just let him follow his instincts asmuch as we can,” his adoptive father,John Mark Crawford, said in the video.Pamela Crawford said performing genderassignment surgery on a baby robbed herchild of the ability to make the decisionfor himself.“I would have never made the decision tochoose the gender either way,” she said.“What I would have been working withis how do we preserve as much function­ing in either direction because we can'tknow what this child's gender identity isgoing to be.”The lawsuit claims doctors at a statehospital and Department of Social Ser­vices workers “decided to remove M.C.'shealthy genital tissue and radically re­structure his reproductive organs in orderto make his body appear to be female.”The suit says the surgery violated the14th Amendment, which says that no

state shall “deprive any person of life,liberty, or property without due processof law.”The suit also asks for “compensatorydamages in an amount to be determinedat trial.”But the adoptive father said the real in­tent of the lawsuit “is just to upholdthese constitutional principles ­­ integrityof a person's body, and some kind of dueprocess for infants where people aroundthem in power are considering doingsurgeries like this.”Pamela Crawford agreed.“I would give anything for this to nothave been done to our child," she said. "Idon't want it to happen to any morekids.”

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page 36 Attorneys for the Rights ofthe Child Newsletter Spring 2013

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South African CircumcisionResults in $215,000 Award

The South African lawsuit resulting fromthe botched circumcision of a five­year­old boy has been decided in favor of theplaintiffs for R2.2 million or approxim­ately US $215,000.

R2.2m for Boy'sBotched Circumcision

Sharika RegchandThe Mercury (South Africa)

June 20, 2013he parents of a boy whose cir­cumcision was botched at a Vry­heid hospital were awarded R2.2

million to be paid within 14 days by theprovincial Health Department, DeputyJudge President Achmat Jappie ordered inthe Pietermaritzburg High Court on Wed­nesday.Judge Jappie also ordered that the de­partment pay all the family’s legal costs.The mother of the child, now nine, suedthe department on behalf of her son fol­lowing his circumcision in October 2009.

He suffered severe burning, infectionsand a loss of his normal penile tissueafter the procedure.Plastic and reconstructive surgeon PaulMcGarr said in a report before the courtthat he was “completely amazed by theinertia, lack of a sense of urgency andlack of sensitivity shown by the doctors”who initially managed the child.McGarr went into detail as to how thechild’s injury had occurred and com­mented that the standard of practice andaftercare at the hospital constituted grossnegligence by staff who had failed to

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Wolfson Medical Center, and with thesenior physicians who are members ofthe joint circumcisions committee of theMinistry of Health and the Rabbinate.”It was reported by the rabbinate that“since the initial diagnosis, the doctorswho treated the baby were convinced thatthe complication in the baby’s conditionwas not the result of the circumcision butresulted from a previously existing med­ical condition. Later treatments admin­istered to the baby confirmed thisdetermination.”“An investigation revealed that the mohelwho performed the circumcision is aveteran, certified mohel,” said the Rab­binate’s statement. “The mohel followedprocedure and performed a test on thebaby after the rite. Only about half anhour after circumcision did signs of themedical complication in the child beganto appear, not related to the circumcisionitself. The mohel accompanied the familyto the hospital.”A week ago, at about 11 AM, MDAparamedics were called to a synagogue inHolon, after an infant who had under­gone a rite of circumcision there hadstopped breathing and lost consciousness,shortly after the ceremony. The rescuecrew took him to Wolfson Medical Cen­ter. After resuscitation in the hospitalshock room, the baby’s condition stabil­ized.Hatzolah volunteer Yehuda Mizrachi,who was among the first on the scene,told Channel 2 News: “We received acall about an unconscious baby. When Iarrived I found a completely blue baby,not breathing and without a pulse. Westarted resuscitation and massaging, untilthe ambulance arrived and took him tothe hospital.”After investigating the circumstances ofthe case, it was discovered that the cir­cumcision had actually been performedflawlessly, and apparently baby chokedduring feeding.“The bris had concluded safely and theneveryone sat down to eat,” Abraham, afriend of the family, related. “He wasnursing from his mother and then she puthim in his cart. At some point we noticed

follow the most basic principles of sur­gery.“The words lazy, incompetent and disin­terested accurately describe the treatingdoctor’s actions,” he said.“In essence, nine minutes of a rushed,incompetent circumcision has signific­antly and severely impacted on the childfor the rest of his life.”Attorney Sonette Boning said the boy’sparents were happy that the matter hadbeen finalised after four years.She said they were not on medical aidand had found it difficult to get him thebest medical and psychological treat­ment.He would also need to have further sur­gery.The mother previously told The Mercurythat it was difficult for her son and therehad been a big change in his life.“He went through a lot of anxiety, fearand psychological trauma. He also losthis self­confidence,” she said, recallingdays when her son had panic attacks andtimes when she could do nothing to helphim feel better.

that the child was not responding and hadturned blue.”“One of the guests called the MDA, andwith their guidelines performed a cardiacmassage,” added Abraham, described theevent. “Then the rescue team continuedthe efforts, along with the MDA.”