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Full-Text Articles in Law

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham Jan 2017

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham

Articles

A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …


Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López Jan 2013

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

Articles

No abstract provided.


A Positive Right To Protection For Children, Tamar Ezer Jan 2004

A Positive Right To Protection For Children, Tamar Ezer

Articles

Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …


Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer Jan 2003

Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer

Articles

No abstract provided.