MALE CIRCUMCISION FOR NON-THERAPEUTIC OR MEDICAL PURPOSES

• Autor(a) principal: de Carvalho e Campanella, Sancha
• Data de Publicação: 2023
• Outros Autores: Campanella, Constança
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: https://doi.org/10.29073/j2.v6i1.703
• topic: Circuncisão Masculina; Religião; Ética; Direitos Fundamentais; Male Circumcision; Religion; Ethics; Fundamental Rights

Male circumcision is one of the oldest medical interventions. Male circumcision for non-therapeutic or medical purposes is a controversial topic, especially when practiced in minors. Internationally, the debate on male circumcision in children has been neglected due to its strong religious connections (Judaism and Islam) and cultural practices, as well as its acceptance in many societies. We will discuss the legality of circumcision for non-therapeutic or medical purposes of a male child within the regulatory framework Portuguese. Sustained as violating the rights of the child to his physical integrity and self-determination, it will seek to verify legally whether the parents, under their parental prerogatives, are sovereign in the decision to carry it out or whether the best interests of the children interfere with this decision. The debate will be brought to the debate whether a possible religious right of parents can overtake children's right to physical integrity, their self-determination. The research has a qualitative, exploratory and descriptive character. The questions presented, in addition to legal problems in the face of a normative framework that does not give an immediate answer, pose moral, religious and ethical problems. Throughout the text are addressed the doctrinal positions before this practice (admissibility or not in minors), starting from the world in general to Portugal. After the examination, it is possible to conclude that a right of the parent himself must never overlap with that of the child, in particular where it is not clearly exercised in the best interests of the child or where there is no benefit.