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Correspondent:

COLLEGES OF PHYSICIANS & SURGEONS

An identical letter was sent to the College in each province by a local resident.
 
[Year: 1999] [FRANÇAIS]

Dr. ________, Registrar
College of Physicians & Surgeons of (name of province)

Dear Dr. ________:

I am writing to express my concerns about the College's policy on male circumcision, or more precisely, the lack of such a policy. New medical evidence suggests that circumcision of healthy male infants is both unnecessary and harmful. I feel that in keeping with its role as guardian of the public interest in matters related to the practice of medicine, the College of Physicians & Surgeons of (province) has a duty to formulate a policy on male circumcision based on recent medical evidence.

No national medical organization in the world today has the opinion that infant male circumcision is medically indicated. The Canadian Paediatric Society concluded in 1996, after an exhaustive review of the literature, that the benefits of neonatal circumcision do not outweigh the harms. The American Academy of Pediatrics arrived at a similar conclusion earlier this year. If infant male circumcision does not confer a clear medical benefit, then what justification exists for performing this surgery?

I am troubled by the medical profession's past record on circumcision. In postulating that erotic sensation was the cause of disease, physicians not only got the science wrong—their misguided attempts to impair normal sexual function also made them a party to what today would be viewed as serious human rights violations. As recently as 1935, a physician wrote:

I suggest that all male children should be circumcised. This is 'against nature', but that is exactly the reason why it should be done. Nature intends that the adolescent male shall copulate as often and as promiscuously as possible, and to that end covers the sensitive glans so that it shall be ever ready to receive stimuli. Civilization, on the contrary, requires chastity, and the glans of the circumcised rapidly assumes a leathery texture less sensitive than skin. Thus the adolescent has his attention drawn to his penis much less often. I am convinced that masturbation is much less common in the circumcised. With these considerations in view it does not seem apt to argue that 'God knows best how to make little boys'.    —R.W. Cockshut. Circumcision. British Medical Journal, vol. 2 (19 October 1935), p. 764.

The anti-sexual overtones in the above passage are obvious, as are the parallels with female genital mutilation. Can the College provide assurance that when performed today, circumcision of newborn boys is not a human rights violation?

Under Canadian law, the onus is on physicians and parents to show that a child will derive a clear benefit from a proposed surgical intervention. A landmark court case, Re "Eve," illustrates this principle. (Please refer to Appendix 1.) Given the current state of medical knowledge, I believe it would be impossible for anybody to show that a child would derive a clear benefit from circumcision, except in rare cases where the child suffered from a disease or disorder that did not respond to less invasive forms of treatment. Further, there seems little doubt that amputating portions of a child's genitals without medical need infringes on the child's most basic human rights, including the right to physical integrity guaranteed under Section 7 of the Charter of Rights and Freedoms.

To assist me in understanding the College's position on circumcision, I would appreciate answers to the following questions:

  1. Does the College have an official policy on male circumcision? If not, please explain why.
     
  2. Does the College plan to introduce a policy on male circumcision? If so, what is the target date for instituting this policy?
     
  3. Does the College agree with the Canadian Paediatric Society's recommendation that neonatal circumcision should not be routinely performed?
     
  4. Can the College provide assurance that it is ethical for physicians to excise normal tissue from non-consenting persons for non-therapeutic purposes?
     
  5. Can the College provide assurance that a physician who circumcises a child without clear medical indication is respecting that child's right to physical integrity as guaranteed under the Charter of Rights and Freedoms?
     
  6. Does the College believe that parents have the legal authority to consent to invasive, non-therapeutic surgical interventions being performed on their children? If so, please explain.
     
  7. Does the College consider male and female circumcision to be comparable practices? If not, please explain.
     
  8. Is the College concerned that interference with children's genitals for non-medical reasons might constitute child abuse? If not, please explain.
     
  9. Does the College consider that physicians who circumcise non-consenting persons for non-medical reasons are engaging in professional misconduct?
     
  10. Is the College prepared to institute a policy prohibiting its members from engaging in non-therapeutic circumcision of children? If not, please explain.

Given the College's statutory obligation to protect the general public, I believe the College must take steps to address the issue of infant male circumcision. As a member of the general public, I would appreciate a specific response to each of the questions I have raised.

Yours sincerely,

[signed]

_______________________
 


  Replies

 
[ B.C.| Alta.| Sask.| Man.| Ont.| Que.| N.B.| P.E.I.| N.S.| Nfld.]
 
 
 

 
  APPENDIX 1
 
 
E. (MRS.) v. EVE, [1986] 2 S.C.R. 388
 
Supreme Court of Canada
Dickson C.J.C., Beetz, Estey, McIntyre, Chouinard,
Lamer, Wilson, Le Dain and La Forest JJ.
 
October 23, 1986

 

APPEAL by the guardian ad litem of a mentally retarded woman from a judgment of the Prince Edward Island Supreme Court, in [page 3] banco, 115 D.L.R. (3d) 283, 27 Nfld. & P.E.I.R. 97 and 28 Nfld. & P.E.I.R. 359 (addendum), allowing an appeal by the mother of the incompetent from a judgment of C.R. McQuaid J., dismissing her application for authorization to consent to a sterilization operation being performed on her daughter.


Justice LaForest commented at p. 295:
Though the scope or sphere of operation of the parens patriae jurisdiction may be unlimited, it by no means follows that the discretion to exercise it is unlimited. It must be exercised in accordance with its underlying principle. Simply put, the discretion is to do what is necessary for the protection of the person for whose benefit it is exercised ... The discretion is to be exercised for the benefit of that person, not for that of others. It is a discretion, too, that must at all times be exercised with great caution, a caution that must be redoubled as the seriousness of the matter increases.

Again at p. 301 he emphasized that because of the importance of maintaining the physical integrity of a human being, the person advocating that the court should authorize a consent to medical treatment would have to justify that approach:
Since, barring emergency situations, a surgical procedure without consent ordinarily constitutes battery, it would be obvious that the onus of proving the need for the procedure is on those who seek to have it performed. And that burden, though a civil one, must be commensurate with the seriousness of the measure proposed. In conducting these procedures, it is obvious that a court must proceed with extreme caution....

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