Editing Circumcision and law (section)

=== Ireland ===
The legality of non-therapeutic circumcision of infants is unclear in Ireland.<ref name="Mills2003"/><ref name="rte20240801"/><ref>{{cite book |last1=Hogan |first1=Claire |editor1-last=O'Sullivan |editor1-first=Kathryn |chapter=The Accommodation of Islam in the Irish Workplace, Classroom and Hospital |title=Minority Religions under Irish Law |date=12 April 2019 |volume=31 |series=Muslim Minorities |publisher=Brill |pages=83–107 |no-pp=y |isbn=978-90-04-39825-2 |doi=10.1163/9789004398252_006}}</ref> In 2003, an expert in medical law suggested that the [[Constitution of Ireland]]'s guarantees of [[Right to family life|family autonomy]] would probably trump concern for the child's [[bodily autonomy]].<ref name="Mills2003">{{cite news |last1=Mills |first1=Simon |title=Circumcision: a question of culture or an assault? |url=https://www.irishtimes.com/opinion/circumcision-a-question-of-culture-or-an-assault-1.371697 |access-date=5 August 2024 |newspaper=The Irish Times |date=28 August 2003 |page=14 |language=en}}</ref> Until the 1990s the practice was largely confined to the [[brit milah]] of [[Jews in Ireland|the small Jewish community]], generally performed by a [[mohel]] travelling from Great Britain and certified there by the Initiation Society, with no concern from law enforcement.<ref>Advisory committee on cultural male circumcision (2006) pp. 12–13</ref><ref name="pope2024"/> The [[Immigration to Ireland|increased immigration]] beginning in the [[Celtic Tiger]] period included people with Muslim or African traditions of circumcision. 

In August 2003 in [[Waterford]], the 29-day-old son of a Nigerian father and Irish mother died from hemorrhage and shock after an attempted circumcision by a Nigerian "fourth-generation circumcisionist", who was charged with [[reckless endangerment]].<ref name="it20051005">{{cite news |title=Circumcised baby death trial gets under way |url=https://www.irishtimes.com/news/circumcised-baby-death-trial-gets-under-way-1.501245 |access-date=5 August 2024 |newspaper=The Irish Times |date=5 October 2005 |page=2 |language=en}}</ref><ref name="Kelleher2005">{{Cite news |date=8 October 2005 |title=Nigerian cleared over circumcision death |newspaper=The Irish Times |url=https://www.irishtimes.com/news/nigerian-cleared-in-circumcision-case-1.502734 |url-status=live |access-date=21 February 2020 |archive-url=https://web.archive.org/web/20210422011356/https://www.irishtimes.com/news/nigerian-cleared-in-circumcision-case-1.502734 |archive-date=22 April 2021 |first=Olivia |last=Kelleher }}</ref> The boy's parents had enquired about circumcision within [[Irish health care|the health service]],<ref name="it20051005"/> but such requests were routinely declined by the local [[health board (Ireland)|health board]]<ref>{{cite news |last1=O'Connor |first1=Niall |title=Court told about fatal operation on baby |url=https://www.irishtimes.com/news/court-told-about-fatal-operation-on-baby-1.501764 |access-date=5 August 2024 |newspaper=The Irish Times |date=6 October 2005 |page=2 |language=en}}</ref><ref name="Coulter2004">{{cite news |last1=Coulter |first1=Carol |title=When does a rite become a right? |url=https://www.irishtimes.com/news/when-does-a-rite-become-a-right-1.1147636 |access-date=5 August 2024 |newspaper=The Irish Times |date=3 July 2004 |page=4 News Features |language=en}}</ref> until a review after the death.<ref>{{multiref|
{{cite news |last1=McDonald |first1=Dearbhail |title=Hospital to offer circumcisions |url=https://www.thetimes.com/article/hospital-to-offer-circumcisions-nxkbqrs3tjx |access-date=5 August 2024 |work=The Times [Irish edition] |date=18 January 2004 |language=en}}|
{{cite news |last1=Burke-Kennedy |first1=Eoin |title=Report calls for circumcision service in hospital |url=https://www.irishtimes.com/news/report-calls-for-circumcision-service-in-hospital-1.967915 |access-date=5 August 2024 |newspaper=The Irish Times |date=20 January 2004 |language=en}}
}}</ref> At the 2005 trial, the prosecution argued that "the carrying out of a circumcision by a non-medical person was not an offence in Ireland",<ref name="it20051005"/> but that the accused had failed to provide [[Complication (medicine)|aftercare]] support and advice, so that the parents had waited too long (12 hours) before taking the infant to hospital.<ref name="it20051005"/> The judge [[Jury instructions|instructed the jury]] 'not to bring their "white Western values" to bear upon their deliberations'; the accused was found not guilty.<ref name="Kelleher2005"/>  [[Kevin Myers]] commented, 'May you ineptly circumcise an Irish boy-child and cause him to die if you are African because of your "culture", but not if you are Irish?'<ref>{{cite news |last1=Myers |first1=Kevin |title=An Irishman's Diary |url=https://www.irishtimes.com/opinion/an-irishman-s-diary-1.1000342 |access-date=5 August 2024 |newspaper=The Irish Times |date=11 January 2006 |language=en}}</ref> Jurist Máiréad Enright questioned the judge's "radical [[cultural relativism]]" and felt as a [[Circuit Court (Ireland)|Circuit Court]] case it had "limited [[precedent]]ial value".<ref>{{cite journal |last1=Enright |first1=Máiréad |title=Whither White Western Values?: Medical Treatment for Children and the Cultural Defence in Irish Law |journal=Hibernian Law Journal |date=2007 |volume=7 |pages=1–17 |language=en |issn=1393-8940}}</ref>

While the Waterford case was pending, the [[Minister for Health (Ireland)|Minister for Health]] established an advisory committee on "cultural male circumcision".<ref>{{cite news |last1=Wall |first1=Martin |title=Death of baby prompted report on circumcision |url=https://www.irishtimes.com/news/death-of-baby-prompted-report-on-circumcision-1.1005441 |access-date=5 August 2024 |newspaper=The Irish Times |page=7 |language=en}}</ref> Its 2006 report recommended that circumcision be provided within the health service as an [[outpatient]] procedure by trained surgeons and anaesthetists. Circumcisions carried out by "untrained people" should be investigated by the [[Health Service Executive]] and might be prosecuted as [[child abuse]].<ref>Advisory committee on cultural male circumcision (2006) pp. 5–7</ref><ref>{{cite news |title=Surgeons should perform circumcisions, report says |url=https://www.irishtimes.com/news/surgeons-should-perform-circumcisions-report-says-1.1005386 |access-date=5 August 2024 |newspaper=The Irish Times |date=24 January 2006 |page=1 |language=en}}</ref> In 2020 another Nigerian traditional circumcisionist was jailed for 3 years after pleading guilty to reckless endangerment of a 10-month-old, who spent two weeks in hospital after a 2015 procedure without [[anaesthetic]] or proper [[Sterilization (microbiology)|sterilisation]]. The judge called it "a barbaric act of cruelty" and said the man should abide by Irish cultural norms.<ref>{{cite news |last1=Tuite |first1=Tom |title=Man jailed for three years for 'barbaric' circumcision without anaesthetic |url=https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/man-jailed-for-three-years-for-barbaric-circumcision-without-anaesthetic-1.4261959 |access-date=6 August 2024 |newspaper=The Irish Times |date=25 May 2020 |language=en}}</ref> 

On 30 July 2024 a London-based rabbi was arrested after performing a circumcision in a Dublin house with the parents' consent. He was charged with carrying out a surgical procedure without being a [[Medical Council of Ireland|registered]] medical practitioner, contrary to the Medical Practitioners Act 2007.<ref name="rte20240801">{{cite news |last1=Reynolds |first1=Paul |title=Man in court charged with circumcising child in Dublin |url=https://www.rte.ie/news/courts/2024/0801/1462989-circumcision-court/ |access-date=1 August 2024 |work=RTÉ News |date=1 August 2024 |language=en}}</ref><ref>
{{cite web |title=Medical Practitioners Act 2007 [revised to 6 June 2023] |url=https://revisedacts.lawreform.ie/eli/2007/act/25/revised/en/html |website=Revised Acts |publisher=[[Law Reform Commission (Ireland)|Law Reform Commission]] |location=Ireland |pages=ss. [https://revisedacts.lawreform.ie/eli/2007/act/25/section/37/revised/en/html 37(1)], [https://revisedacts.lawreform.ie/eli/2007/act/25/section/41/revised/en/html 41(1)(a)] |no-pp=y |access-date=1 August 2024 |language=en |date=6 June 2023}}</ref> The accused is a mohel registered with the Initiation Society.<ref>{{cite news |last1=Tuite |first1=Tom |title=Rabbi accused of coming to Ireland to perform illegal circumcision refused bail |url=https://www.irishtimes.com/crime-law/courts/2024/08/01/rabbi-accused-of-coming-to-ireland-to-perform-illegal-circumcision-refused-bail/ |access-date=1 August 2024 |newspaper=The Irish Times |date=1 August 2024 |language=en}}</ref> The [[Chief Rabbi of Ireland]] said that the client family was not Jewish, but the Jewish community would be offering assistance to the mohel.<ref name="pope2024">{{cite news |last1=Pope |first1=Felix |title=London rabbi arrested in Ireland over 'illegal' circumcision of non-Jewish babies |url=https://www.thejc.com/news/uk/london-rabbi-arrested-in-ireland-over-illegal-circumcision-of-non-jewish-babies-dh6za0cm |access-date=5 August 2024 |work=The Jewish Chronicle |date=2 August 2024 |language=en}}</ref> ''[[The Jewish Chronicle]]'' suggested the reason the case was singled out for prosecution was because it was a "non-religious circumcision";<ref name="pope2024"/> ''[[The Times of Israel]]'' linked it to an alleged increase in Irish antisemitism due to the [[Gaza war]].<ref>{{cite news |last1=Lidor |first1=Canaan |title=London rabbi held in Ireland for alleged unlicensed circumcision |url=https://www.timesofisrael.com/london-rabbi-held-in-ireland-for-alleged-unlicensed-circumcision/ |access-date=5 August 2024 |work=Times of Israel |date=2 August 2024}}</ref> On 6 August he was [[Pre-trial detention|remand]]ed for a further two weeks in anticipation of "multiple further charges" from the [[Director of Public Prosecutions (Ireland)|Director of Public Prosecutions]].<ref>{{cite news |first=Tom |last=Tuite |date=6 August 2024 |url=https://independent.ie/irish-news/courts/rabbi-accused-of-travelling-to-ireland-to-perform-illegal-circumcision-on-child-further-remanded-in-custody/a1272032638.html |url-access=subscription |access-date=6 August 2024 |newspaper=Irish Independent |title=Rabbi accused of travelling to Ireland to perform illegal circumcision on child further remanded in custody }}</ref> On 22 August he was granted [[bail]] at a hearing which was told no mohel had previously been prosecuted in such a case.<ref>{{cite news |first=Tom |last=Tuite |date=22 August 2024 |url=https://www.irishtimes.com/crime-law/courts/2024/08/22/rabbi-charged-with-performing-illegal-circumcision-on-baby-boy-allowed-to-return-to-london-on-60000-bail/ |url-access=subscription |access-date=23 August 2024 |newspaper=The Irish Times |title=Rabbi charged with performing illegal circumcision on baby boy allowed to return to London on €60,000 bail }}</ref>