fresco wrote:Joe,
Given the evidence that "the hygiene argument" is false, I think the only difference between the "circumcision case" and the "swastika case" are the sizes of their support groups (real or hypothetical).
I'm not convinced that the "hygiene argument" is false. It appears that the medical studies are, at this point, inconclusive or contradictory. For the sake of argument, however, I'll accept that the health benefits of circumcision are insignificant.
As for the support groups, I am also unaware of any group loudly advocating swastika tattoos for infants. But then I don't know of any state that allows tattoo artists to inscribe their works on minors, regardless of political content. Now, I don't know if these laws apply only to licensed professionals, or if they would also apply to an amateur inking a swastika on his child (perhaps he could be convicted of practicing tattooistry without a license). Fortunately, for the purposes of this discussion, I don't think we need to pursue this subject.
fresco wrote:Both are an infringement of "the child's rights" based on arguments of "group identity" and "parental rights". But since the concept of "rights" is nebulous and based on political expediency and social pressure, the circumcision=mutilation lobby (with which I sympathize) has little chance at present.
I have absolutely no clue what is meant by denying someone's rights based on an argument of "group identity." Perhaps you would care to explain?
With regard to the child's rights, I think we have to take into consideration the parents' rights as well (something that you touch upon, albeit briefly). After all, if the only consideration here was the child's rights, then there would be no reason to favor the parents' decisions over those of the state, or even those of some benevolent stranger. Indeed, given its enormous resources, it is difficult to imagine a situation where the state
couldn't make better decisions than parents when it comes to raising children.
Most societies, however, give a great deal of deference to parents' decisions regarding the upbringing of their children. That deference, furthermore, is routinely extended to the area of medical decisions. Thus a parent typically has a "right" to determine what is medically in the best interests of the child, and the child has very little say in the matter.
When it is suggested, therefore, that parents, through the act of circumcision, infringe on a child's rights, we also need to consider whether forbidding the parents from making this kind of decision infringes on
their rights. And if there is, in fact, a conflict of rights here, then we need to determine whose rights prevail.
Now, if we already have determined that circumcision is
not a medical procedure but more of an "esthetic" act akin to tattooing, we may have resolved that conflict. But then again, maybe not. Parents, after all, typically have as much freedom to make esthetic choices for their kids as they have to make medical choices for them. A parent, for instance, can force a child to get braces,* even though the esthetic benefits of straight teeth often outweigh the purely medical benefits of the procedure (if that were not the case, the British people would have perished long ago).
Consequently, identifying circumcision as a purely "esthetic" procedure does not necessarily end the debate. So,
fresco, if you are proposing a standard by which children have a "right" not to be circumcised, you'll have to do more than simply say the operation has no medical benefits. Instead, you'll have to explain why the decision to perform this particular procedure should not be left to the discretion of the parents.
*I know that "braces" in the UK are "suspenders" in the US: I have no idea what the orthodontic devices are called in the UK, but then perhaps they are completely unknown there. Here's a
website where you can learn more.