Max Planck Institute for Social Anthropology

Male Circumcision in Family Law Disputes Before Dutch Courts

by Fei An Kersten

Question(s) at stake

Whether the cultural and religious upbringing of a five-year-old child, whose divorced parents are in a dispute regarding his circumcision, should be considered when deciding on the permissibility of the circumcision.

Outcome of the ruling

Considering the cultural and religious aspects of the case and the irreversibility of the surgery, the circumcision of the child is not allowed.

Country:

Netherlands

Official citation

Court of Appeal of ‘s-Hertogenbosch, Judgement of 26 November 2002, R200200450 (Gerechtshof 's-Hertogenbosch, Uitspraak van 26 november 2002, R200200450)

ECLI:NL:GHSHE:2002:AF2955

Topic(s)

Keywords:

Best interests of the child Bodily integrity Children's rights Male circumcision Custody Bodily practices Genital modifications

Tag(s):

Joint parental responsibility

Bibliographic information

Kersten, Fei An (2024): Male Circumcision in Family Law Disputes Before Dutch Courts, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI076NL009, https://doi.org/10.48509/CUREDI076NL009.

About the authors

Fei An Kersten (Faculty of Law, Maastricht University, Netherlands)