The office has investigated whether or not the
operations, conducted at the boys' homes, constitute
criminal assault. The boys had to be hospitalised for
complications resulting from the operations.
Prosecutor General Päivi Hirvelä
is deferring a decision on whether charges will be
made, pending a decision by Parliament on the issue
of religiously-mandated male circumcision.
The Ministry of Social Affairs and Health is to
convene a working group to consider whether or not
legislation is necessary to regulate the
practice.
Hirvelä told Helsingin Sanomat that
an examination of international treaties suggests
that the legality of circumcisions "is very
questionable".
Hirvelä sees the Kuopio case
as a precedent for weighing the issues of the
fundamental rights of freedom of religion and the
integrity of the body.
The UN treaty requires that each signatory
eliminate practices which harm the health of the
child.
The working group
is expected to start its work in early May, and
is expected to be given six months to complete its
task, allowing the Government time to prepare
proposed legislation by the end of the year.
"We must find some kind of a solution that would
allow people equal access to treatment. It is
difficult for me to see that Finland would ban the
circumcision of Jews and Muslims", says Ritva
Halila, secretary-general of the national
consultative committee on health care
ethics.
The committee issued a statement four years ago
pointing out that male circumcision has not been
shown to have any health benefits, but that the
procedure also does not present any serious problems,
if performed correctly.
"It is important to make sure that they are
performed under proper conditions, that the children
would get good treatment for the pain, and that the
risk of complications would be minimised", Halila
says.
The Provincial Government of Eastern Finland
reprimanded the doctor over the case.
In Finland the Jewish and Muslim Tatar
communities have long dealt with their own
circumcisions. There have been no problems, as the
operations have been performed under hygienic
conditions within the relatively well-to-do
communities themselves.
In March, the Ministry of Social Affairs and
Health sent a letter to Finland's university
hospitals urging public health facilities to perform
the religiously-mandated operations as a way of
averting back-alley circumcisions.
The Oulu University Hospital has
provided circumcision services for years. The
university hospitals of Helsinki, Kuopio, Tampere, and Turku refuse to perform
circumcisions for non-medical reasons.
Citation:
Prosecutor General defers move on Kuopio botched circumcision case. Helsingin Sanomat, Helsinki, Finland, 9 April 2003.
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