The legal framework of circumcision in turkish law

• Author: Pinar Memis Kartal
• Position: Assoc. Prof. Dr. Galatasaray University, Faculty of Law, Lecturer in the Department of Criminal Law and Criminal Procedural Law; (e-mail: pinarmem@gmail.com).
• Pages: 145-155

LESIJ NO. XXII, VOL. 1/2015

THE LEGAL FRAMEWORK OF CIRCUMCISION IN

TURKISH LAW

Pınar MEMIŞ KARTAL

Abstract

The circumcision of a male child has not been a concept discussed in Turkish law before today.

However, recently, particularly based upon the decision rendered by the German criminal court, the

jurists have started to focus on the evaluation of circumcision from a legal point of view and the

criminal law dimension of the topic has been discussed

1 in particular. On the other hand, female

circumcision is a practice which is not accepted either in the traditional or legal sense.

Keywords: circumcision, corporal integrity, religious rule, law provisions.

Introduction

1

Circumcision is a practice which is

characterized as a religious rule particularly

in Muslim and Jewish societies. Therefore,

even if it is accep ted as a reflection of

freedom of religion and conscience, the

scope of the topic is extensive. Particularly n

cases where such a practice, which indeed

interferes with corporeal integrity, is

performed on a male child whose permission

is not bound with legal results due to his age,

the discussion concentrates on the rights of

the person upon his corporeal and spiritual

presence. Considering also that the limit of

this is specified as medical necessity, it is

seen that there is a legal dilemma. Within

this respect in order for the topic to be

clarified and for the purposes of

determination of the legal nature of

 Assoc. Prof. Dr. Galatasaray University, Faculty of Law, Lecturer in the Department of Criminal Law and

Criminal Procedural Law; (e-mail: pinarmem@gmail.com).

1

NUHOĞLU Ayşe, Sünnet ve C eza Hukuku, in: Prof.Dr. Nur Centel’e Armağan, T.C. Marmara Üniversitesi

Hukuk Fakültesi Hukuk Araştırmaları Dergisi, Özel Sayı, Yıl:2013, Cilt: 19, Sayı:2, sh. 211-219; YERDELEN

Erdal, Sünneti Kasten Yaralama Suçu Olarak Kabul Eden Köln Eyalet Mahkemesi Kararı ve Alman Kanun

Koyucunun Karara Tepkisi, in: Kamu Hukuku Arşivi Dergisi, Y: 16, S:1-32, 2013-1, sh. 1-8.

2

BAYRAKTAR Köksal, Hekimin Tedavi Nedeniyle Cezai Sorumluluğu, Sermet Matbaası, İstanbul, 1972, sh. 23.

3

ÖZBEK Veli Özer/KANBUR Mehmet Nihat/ DOĞAN Koray/ BACAKSIZ Pınar/ TEPE İlker, Türk Ceza

Hukuku Genel Hükümler, 5.Baskı, Seçkin, Ankara 2014, sh.90-91.

circumcision, it is of importance to firstly

explain a person’s right to protect his/her

corporeal integrity and li mits thereof in

Turkish law.

It is clearly established under T urkish

law that the corporeal integrity of a person

cannot be violated and that a person has right

to life and is entitled to pro tect and improve

his/her co rporeal and spiritual e xistence.

Likewise, it is also provided for that the

interference to corporeal integrity of a

person can only be possible under medical

necessity

2

and in cases prescribed by law and

that a perso n can onl y b e subjected to

scientific or medical experiments with

his/her consent. In our study, first of all the

state in Turkish law will be set out, and the

practice will be reflected afterwards

3

.