Holm Putzke

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Holm Putzke
Professor at the University of Passau, Germany
Personal details
Born Dohna, Germany
Alma mater Ruhr University Bochum (Germany), German University of Administrative Sciences Speyer (Germany), Jagiellonian University (Poland)

Holm Putzke (1973) [1] is a professor for criminal law at the University of Passau, Germany. [2]

Contents

Education and career

Putzke studied law at the Faculty of Law of the University of Bochum and passed the First State Examination in Law 1997, followed by the Second State Examination in Law in 2002. In 2003 he received the PhD in law and 2009 the Master of Laws (LL.M.) at the Jagiellonian University of Kraków/Poland. From 2002 until 2003 he was a graduate teaching assistant at the chair of criminal law, criminal procedure law and general legal philosophy (Professor Dr. Rolf Dietrich Herzberg) at the Faculty of Law, University of Bochum (research in and teaching of criminal law, criminal procedure law and juvenile criminal justice) and from 2003 until 2010 an associate professor at the chair of criminology, criminal policy and police science at the faculty of law, University of Bochum (researcher and lecturer for criminal law, criminal procedure law and juvenile criminal justice). Since 2010 Putzke is a professor (tenured) and works also as a criminal defence lawyer.

Putzke worked as an expert for the Organization for Security and Co-operation in Europe and the Office for Democratic Institutions and Human Rights (2005), and for the project Juveniles' Rights in Criminal Procedure and Guarantees to their Practical Implementation in Kazakhstan on behalf of the Soros Foundation—Kazakhstan (2005), and on behalf European Union in Bosnia and Herzegovina (2003) and Estonia (2003) as well. [3]

Main interests

Putzke's main fields of interest are criminal law, criminal procedural law, criminal law relating to young offenders and relating to economic offenses, and criminology.

Legality of male circumcision

In 2012, Putzke became known for his work on the legality of male circumcision. [4] [5] [6] [7] [8] [9] On May 7, 2012, a court in Cologne, Germany ruled that circumcision was "inflicting bodily harm on boys too young to consent", deciding that the practice contravenes the "interests of the child to decide later in life on his religious beliefs". [10] This worldwide discussed decision based on the article "Die strafrechtliche Relevanz der Beschneidung von Knaben" ("Criminal Relevance of Circumcising Boys"), [11] published by Holm Putzke in 2008. [12] [13] [14] This article was the first one in Germany which broach the issue; his article had a significant influence for the whole discussion about circumcision as criminal assault in Germany. [15] Putzke's 2008 article set the stage for Germany's legal view of infant circumcision. In the article, he stated, "There are no compelling arguments which can justify a religious circumcision of minors. Without effective consent, the assault is illegal. A physician should refuse to perform a circumcision if it is not medically indicated." In the wake of Germany's controversial ruling, Putzke has been in the media spotlight, receiving threats of drowning and forcible circumcision. [16] [17] [18] Putzke’s work swayed significant the current debate in Germany. [19]

Putzke argues "that medically unnecessary operations should be delayed until a patient is capable of deciding whether to have a part of his genitals cut off". [20]

Bibliography (selection)

Related Research Articles

Brit milah Jewish ceremony

The brit milah is a Jewish religious male circumcision ceremony performed by a mohel ("circumciser") on the eighth day after the infant's birth. The brit milah is followed by a celebratory meal.

Laws restricting, regulating, or banning circumcision, some dating back to ancient times, have been enacted in many countries and communities. In modern states, circumcision is generally presumed to be legal, but laws pertaining to assault or child custody have been applied in cases involving circumcision. There are currently no states that unequivocally ban infant male circumcision for non-therapeutic reasons. In the case of non-therapeutic circumcision of children, proponents of laws in favor of the procedure often point to the rights of the parents or practitioners, namely the right of freedom of religion. Those against the procedure point to the boy's right of freedom from religion. In several court cases, judges have pointed to the irreversible nature of the act, the grievous harm to the boy's body, and the right to self-determination, and bodily integrity.

Religious male circumcision generally occurs shortly after birth, during childhood or around puberty as part of a rite of passage. Circumcision is most prevalent in the religions of Judaism, Islam, the Coptic Orthodox Church, the Ethiopian Orthodox Church, and the Eritrean Orthodox Church.

A mohel is a Jew trained in the practice of brit milah, the "covenant of circumcision."

Male circumcision has often been, and remains, the subject of controversy on a number of grounds—religious, ethical, sexual, and medical.

Circumcision has ancient roots among several ethnic groups in sub-equatorial Africa, and is still performed on adolescent boys to symbolize their transition to warrior status or adulthood. Circumcision and/or subincision, often as part of an intricate coming of age ritual, was a common practice among Australian Aborigines and Pacific islanders at first contact with Western travellers. It is still practiced in the traditional way by a proportion of the population.

Urethral meatal stenosis is a narrowing (stenosis) of the opening of the urethra at the external meatus, thus constricting the opening through which urine leaves the body from the urinary bladder.

Male circumcision is the surgical removal of the foreskin (prepuce) from the human penis. The ethics of non-therapeutic circumcision being imposed on unconsenting minors has been a source of ongoing controversy.

Freedom of religion in Germany is guaranteed by article 4 of the German constitution. This states that "the freedom of religion, conscience and the freedom of confessing one's religious or philosophical beliefs are inviolable. Uninfringed religious practice is guaranteed." In addition, article 3 states that "No one may be prejudiced or favored because of his gender, his descent, his race, his language, his homeland and place of origin, his faith or his religious or political views." Any person or organization can call the Federal Constitutional Court of Germany for free help.

Brit shalom, also called alternative brit, brit ben, brit chayim or brit tikkun, is a naming ceremony for newborn Jewish boys that does not involve circumcision. It is intended to replace the traditional brit milah, and is promoted by groups such as Beyond the Bris and Jews Against Circumcision. The term is generally not used for girls, since their naming ceremony does not involve circumcision.

Circumcision Removal of the foreskin from the human penis

Circumcision is the removal of the foreskin from the human penis. In the most common procedure, the foreskin is opened, adhesions are removed, and the foreskin is separated from the glans. After that, a circumcision device may be placed, and then the foreskin is cut off. Topical or locally injected anesthesia is used to reduce pain and physiologic stress. The procedure is most often an elective surgery performed on babies and children for religious or cultural reasons. Medically, circumcision is a treatment option for problematic cases of phimosis and balanoposthitis that do not resolve with other treatments, and for chronic urinary tract infections (UTIs). It is contraindicated in cases of certain genital structure abnormalities or poor general health.

Prevalence of circumcision

The prevalence of circumcision is the percentage of males in a given population who have been circumcised. The rates vary widely by country, from virtually 0% in Honduras and Japan, to 6.6% in Spain, to 20.7% in the United Kingdom, to 45% in South Africa, to 75% in the United States, to over 90% in Israel and many Muslim-majority countries. In 2010, the World Health Organization (WHO) estimated 30% of adult males worldwide are circumcised, with about two-thirds of those being Muslims.

Khitan or Khatna is the Islamic term for circumcision, carried out as a recommended practice of Islamic culture by Muslims. Male circumcision is widespread in the Muslim world, and accepted as an established practice by all Islamic schools of jurisprudence. It is considered a sign of belonging to the wider Muslim community.

Forced circumcision refers to circumcision of males who have not given their consent to the procedure. In a biblical context, the term is used especially in relation to Paul the Apostle and his polemics against the circumcision controversy in early Christianity. The most common form of forced circumcision is performed widely in Israel and the United States, where it is known as neonatal circumcision. This form of circumcision involves the circumcision of a male newborn. Although their parents may consent to it, the males themselves do not, therefore making it forced. Among adults, forced circumcisions have occurred in a wide range of situations, most notably in the compulsory conversion of non-Muslims to Islam and the forced circumcision of Teso, Turkana and Luo men in Kenya, as well as the abduction of South African teenage boys to so-called circumcision schools. In South Africa, custom allows uncircumcised Xhosa-speaking men past the age of circumcision to be overpowered by other men and forcibly circumcised.

Bodily integrity is the inviolability of the physical body and emphasizes the importance of personal autonomy, self-ownership, and self-determination of human beings over their own bodies. In the field of human rights, violation of the bodily integrity of another is regarded as an unethical infringement, intrusive, and possibly criminal.

Reinhard Merkel German swimmer

Reinhard Merkel is a professor in criminal law and philosophy of law and a retired West German swimmer. He competed at the 1968 Summer Olympics in the 200 m and 400 m individual medley and finished in sixth place in the latter event.

Agnes Alpers is a Diplom-qualified educator, politician with the Left, and former member of the Bundestag.

"The distribution of circumcision and initiation rites throughout Africa, and the frequent resemblance between details of ceremonial procedure in areas thousands of miles apart, indicate that the circumcision ritual has an old tradition behind it and in its present form is the result of a long process of development."

Günther Jakobs is a German criminal law professor and legal philosopher.

Putzke is a surname. Notable people with the surname include:

References

  1. ↑ Website from Professor Dr. Holm Putzke at the University of Passau, Retrieved 10 July 2014.
  2. ↑ Curriculum Vitae Professor Dr. Holm Putzke, Retrieved 10 July 2014.
  3. ↑ Curriculum Vitae Professor Dr. Holm Putzke, Retrieved 27 July 2014.
  4. ↑ CBS News German court rules circumcision goes against "fundamental right of the child to bodily integrity", 13 July 2012, Retrieved 18 June 2014.
  5. ↑ Bloomberg.com Jewish Leaders Protest German Ruling Against Circumcision, 10 July 2012, Retrieved 18 June 2014.
  6. ↑ Aljazeera America German court: Child circumcision "an assault", 27 June 2012, Retrieved 18 June 2014.
  7. ↑ theguardian.com Circumcision ruling condemned by Germany's Muslim and Jewish leaders, 27 June 2012, Retrieved 18 June 2014.
  8. ↑ TheJerusalemPost.com German court declares circumcisions a crime, 26 June 2012, Retrieved 18 June 2014.
  9. ↑ Deutsche Welle Circumcision verdict causes legal headache, 28 June 2012, Retrieved 18 June 2014.
  10. ↑ Reuters German verdict aims to delay circumcision, not ban it, jurist says Archived 2015-02-22 at the Wayback Machine , Retrieved 18 June 2014.
  11. ↑ Holm Putzke: Die strafrechtliche Relevanz der Beschneidung von Knaben. Zugleich ein Beitrag über die Grenzen der Einwilligung in Fällen der Personensorge. In: Festschrift für Rolf Dietrich Herzberg, Tübingen 2008, p. 669–709 - Translation: Criminal Relevance of Circumcising Boys. A Contribution to the Limitation of Consent in Cases of Care for the Person of the Child, translated by Katharina McLarren.
  12. ↑ WSWW.org German court bans circumcision on religious grounds, 6 August 2012, Retrieved 18 June 2014.
  13. ↑ Circumcision Information Australia German court rules non-therapeutic circumcision of boys unlawful, Retrieved 16 June 2014.
  14. ↑ Intactamerica Intactivist of the month: Holm Putzke Archived 2014-08-02 at the Wayback Machine , Retrieved 18 June 2014.
  15. ↑ Der Spiegel Where Human Rights Collide: Circumcision Debate Has Berlin Searching for Answers, 25 July 2012, Retrieved 18 June 2014.
  16. ↑ Religion gegen Recht – Ist die Beschneidung unzulässig?; German TV "PHOENIX Runde", 11 July 2012.
  17. ↑ Streit ums Beschneidungs-Urteil - Religionsfreiheit ade?, ARD, German TV "Anne Will", 11 July 2012.
  18. ↑ Humanistischer Pressedienst Holm Putzke: Den Gesetzgeber hat der Teufel geritten, Interview, 7 January 2013, Nr. 14709, Retrieved 18 June 2014.
  19. ↑ ICCJ-Workshop-Paper, 13 July 2013, Retrieved 18 June 2014.
  20. ↑ Let Boys Decide at 16, 11 July 2012, Retrieved 18 June 2014.
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