Circoncision

In contrast to other controversial issues such as the inclusion of halal food in schools or the use of hijab, the issue of circumcision has not been present in the public debate in Spain. Moreover, there is ambiguity in the way this is handled, both legally and practically.

Circumcision based on cultural or religious motives is not included in the services of the Spanish public healthcare system. A study showed that many circumcisions are done in the country of origin of the parents of the child, in particular those from the Maghreb region. However, this does not mean that in practice there are no religious circumcisions performed in public facilities. A survey study of public hospitals in Spain including a pediatric surgery department indicated that there is no homogeneous application of this criterion and not all pediatric surgeons are aware of this possible motive. Around 25% of the respondents to the survey indicated that they did perform circumcisions based on religious reasons and 40% of these indicated that they did it to prevent it from being done elsewhere in poor hygiene conditions.

The 11/2003 organic law on measures regarding citizens’ safety, domestic violence and integration of foreigners modified article 149.2 of the Penal Code and establishes that genital mutilation is punished with a prison sentence of up to 12 years. However, in practice, this is applied only in the case of female genital mutilation, not in the case of male circumcision.

The few policy documents that deal with religion and health do not touch upon this issue either. The Catalan guidelines for the management of religious diversity in hospitals (2011) do not mention circumcision. Only a brief reference is made to the potential role that rabbis may play in performing circumcision.

Private clinics offer information about circumcision as they provide this service for preventing infections or in cases of phimosis. However, there is no specific information about this service when it concerns cases based on religious or cultural reasons.