To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.
Anyone who reads the text of the New York City Department of Health’s proposed rule regarding metzitzah b’peh will immediately notice that two fundamental concerns have been virtually ignored in all of the public debate over the measure.
Certainly there have been very public arguments over the propriety or impropriety of governmental regulation of a religious practice and over the evidence or lack of same linking the procedure to herpes. And there are many who have raised the “slippery slope” concern that regulating an adjunct of bris milah will inevitably lead to further restrictions on the core practice itself, even though the DOH proposal would only require that parents be made aware of the risks associated with the practice in order to be able to make an informed consent. But therein lies the rub.
In pertinent part, the proposed new rule provides as follows:
Consent for direct oral suction as part of a circumcision.(a) Direct oral suction means contact between the mouth of a person performing circumcision and the infant’s circumcised penis.
(b) Written informed consent required. A person may not perform a circumcision that involves direct oral suction on a child under one year of age without obtaining, prior to the circumcision, the written informed consent of a parent or legal guardian of the child who is being circumcised in a form approved or provided by the Department. The written informed consent must include notice that direct oral suction exposes the infant to the risk of transmission of herpes simplex virus infection and other infectious diseases.
(C) Retention of consent forms. The person performing the circumcision must give the parent or legal guardian a copy of the signed consent form and retain the original for one year from the date of the circumcision, making it available for inspection if requested by the Department.
For one thing, we do not know the language the actual consent form will contain. Indeed, after the adoption of the general rule, it would seem the DOH will have open-ended authority to come up with descriptions of the alleged risks and its choices will not be subjected to standard limitations on rule-making authority. The possibilities are enormous if not endless. This is especially problematic since the rule is not limited to the risk of transmission of the herpes virus but to “other infectious diseases” as well.
Also of great concern is the possibility of child-abuse charges being leveled against the mohel or parents should metzitzah b’peh be performed and, God forbid, one of the diseases described in the consent form is thought to have resulted. Indeed, there have been reports that the Brooklyn district attorney is looking into bringing criminal charges in a case where a child who underwent metzitzah b’peh died.
And it just seems incongruous that parents will be required to sign a form acknowledging that they are knowingly placing their child in harm’s way.
Moreover, what we have here is a government regulation that will declare – with unknown particulars – that a time-honored Jewish religious practice, albeit one not universally accepted and employed by all observant Jews, risks the health and well-being of newborns. This is never a good thing for Jews, particularly so today, as witness the outbreak of challenges to circumcision and schechita in a number of countries.
It is crucial that our community stand up in defense of our traditions. In this connection we are still uncomfortable with the election to the New York City Council three years ago of a Jewish candidate who never fully apologized for publicly describing bris milah as “the ritual violence of circumcision.” The Jewish Press at the time forcefully condemned the comments of that candidate, who ran in a majority Jewish district with the fulsome support of an elected official well known for his advocacy of Jewish causes.
Effective free passes like that are not helpful no matter who bestows them.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
“We don’t just care for the children; we make sure they have the best quality of life.”
“Why do people get complacent with the things they’re told?”
Arab opposition to a Jewish State of any size was made known by word and deed in the form of terror
As Arabs murder and maim Jews, Jordan’s leaders bark the blood libel of “Israeli aggression.”
Perhaps attacking a terrorist’s legacy broadly and publicly would dissuade others from terrorism?
R’ Aryeh yelled “Run, I’ll fight!” Using a chair against terrorists to buy time so others could flee
Riot started when Muslim students wore the Pal. kaffiyeh and Druze students demanded them removed
The “Media” didn’t want us to know what a kind, giving, loving young woman Dalia was.
A “Palestine” could become another Lebanon, with many different factions battling for control.
Maimonides himself walked and prayed in the permissible areas when he visited Eretz Yisrael in 1165
Having a strong community presence at the polls shows our elected officials we care about the issues
Israel’s Temple Mount policy prefers to blames the Jews-not the attackers-for the crisis.
When Islam conquered the Holy Land, it made its capital in Ramle of all places, not in Jerusalem.
I joined the large crowd but this time it was more personal; my cousin Aryeh was one of the victims.
Last year the Obama administration sought to minimize civilian deaths from drone strikes by generally requiring that missile attacks be limited to instances where Americans were directly threatened and there was a “near certainty” that no civilians would be killed.
Toward the end of Operation Protective Edge this past summer, the president was unusually vocal about Israel’s so-called disproportionate use of force and alleged lack of compliance with international humanitarian law.
There was no accompanying caption, but the cartoon could not help but feed the anti-Semitic canard that Israel was responsible for 9/11.
An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor
The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]
Printed from: http://www.jewishpress.com/indepth/editorial/the-metzitzah-bpeh-controversy/2012/09/12/
Scan this QR code to visit this page online: