JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

A foreskin too far? Religious, medical and customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS, pg 69

Volume: Volume 16 - 2012

Article type: Refereed article

Author/s: Sloth-Nielsen, Julia

This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional circumcision is detailed, followed by an explanation and analysis of the relevant provisions of the Children's Act 38 of 2005 and its accompanying Regulations.

Thereafter the recently changed context, as evidenced by the current campaign for mass male circumcision as a means of preventing HIV/AIDS, is considered. The implications for the narrow circumstances in which circumcision is legalised by the Children's Act are then explored, and further potential results - in the longer term - for traditional circumcision practices are predicted.

About the author/s

Julia Sloth-Nielsen

Julia Sloth-Nielsen is Professor of Law at the University of the Western Cape and the chair of Children’s Rights in the Developing World at the Child Law Department at the University of Leiden in the Netherlands.

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