DEFINITION OF CIRCUMCISION: GENITAL MODIFICATION, GENITAL REDUCTION SURGERY OR GENITAL MUTILATION

Surgery Sways carries risks and potential complications

• WHAT DOES THIS MEAN TO AN ADULT? An adult has rational thought for beliefs. Adults can rationalise circumcision

• WHAT DOES THIS MEAN TO A CHILD? A child only has feeling. Rely on their body to tell them what is right and what is wrong. Children cannot rationalise why they have to endure something that feels wrong.

1. THE CHILD'S REALITY IS PARAMOUNT

• Children learn to trust through their bodies. What happens when we violate that trust?

• What is going on in the mind and body of a child when there genitals are tampered with in ANY way?

SECTION 9 of the Bill of Rights of the Constitution of South Africa provides for equality for all persons, which includes the full and equal enjoyment of all rights and freedoms. The state may not discriminate on the basis of sex. Moreover, this section obligates the state to pass legislation to prohibit such discrimination.

SECTION 12 of the Bill of Rights of the Constitution of South Africa provides for freedom and security of a person, which includes the right to bodily and psychological integrity.

GENDER BIAS IN DRAFT [B70-2003] - proposed amendment

(3) Genital mutilation or circumcision of children is prohibited Intention being to HONOUR CHILD's BODY HONOUR CHILDS RIGHTS.

THEIR BODY – THEIR RIGHTS

2a) FEMALE CHILDREN FULL PROTECTION

2b) INTERSEX CHILDREN NO PROTECTION

NOT EVEN ACKNOWLEDGED TO EXIST

NO NATIONAL GUIDELINES

1:100 exhibit some degree of sexual ambiguity, and becoming more common

1:1000 born with ambiguous genitalia that will need needed specialist intervention, including possibility of surgery. Only when immediate health is threatened.

2c) MALE CHILDREN LIMMITED PROTECTION

3. VIOLATE CHILDS RIGHTS(IN THEIR PERCEPTION) = ASSUALT = LEGAL ACTION

[B70B-2003] (6) (a) A person who contravenes subsection (3) or (4) or who permits such contravention in respect of a child whom he or she is obliged to protect against maltreatment, abuse or degradation is guilty of an offence.

(b) A person who circumcises a male child against his will or a person who is obliged to protect a male child against maltreatment, abuse or degradation and who allows that child to be circumcised against his will is guilty of an offence.

• CREATE LEGISLATION TO ENABLE CHILDREN TO EXERCISE LEGAL RECOURSE IF circumcised against their will either at the time of assault, or 3 years after age of majority, or within one year of discovery of harm or loss.

• If enacted as drafted then consider these situations where circumcision currently is practised

• Traditional Circumcisions only after 18 nationally basis with informed, signed consent ONLY ADULTS CAN GIVE THIS

• Precedent EC Province Application of Health standards in Traditional Circumcision Act (2001) requires a min age of 18

• Sets further standards for safe practice of traditional circumcision - should be updated and applied nationally.

• State to decide if right of parent to practice a potentially harmful custom supercedes child's right to bodily.

• Religions believe it is the best interests of the child. Does the State have a responsibility to challenge this?

• Doctors acting as agents of social custom and should be able to refuse to perform ritual circumcision

4c. CIRCUMCISION PERFORMED IN MEDICAL SETTING

• Majority for social custom and cosmetic in nature. No Medical justification. Anatomical considerations

• Not recommended by SAMA, or any Medical Association worldwide - Happens daily in South Africa

• REAL NEED: Very rare 1:17000 men = 49:1 Million. Education outdated. NO NATIONAL GUIDELINES.

5. FROM NATIONAL GUIDEUNES FOR CIRCUMCISIONS

• Health Department consulted for circumcision guidelines in each setting if allowed to continue

• Precedent set in Eastern Cape - Update and institute Nationally.

6.NATIONAL CIRCUMCISION REGISTER - nothing to hide

• Log details of all circumcisions performed including physical and psychological complications, and deaths!!!

• Log details of circumcisors including qualifications to ensure safe practice, accountability and policy adherence.

• Child may need these details for legal purposes - otherwise point 6(a) and (b) become meaningless

"FEAR, PAIN, CRIPPLING DISFIGUREMENT and HUMILIATION are the classic ways to break the HUMAN SPIRIT.

Circumcision includes them all." - PROTECT Rights, Nurture Spirit of Children.

NOCIRC-SA presentation notes 11/10/2005