Steven Svoboda - Academia.edu (original) (raw)

Papers by Steven Svoboda

Journal of Prenatal Perinatal Psychology Health, Apr 1, 2003

When I think of men worthy of praise, my maternal grandfather, Floyd Stone, is the first man who ... more When I think of men worthy of praise, my maternal grandfather, Floyd Stone, is the first man who comes to mind. Floyd Stone was no saint, nor was he a great man in the traditional sense. He never wrote any books or held positions of importance in the great scheme of things. But if we can write a man's memory with a special pen capable of recording his feeling for others and theirs for him, and express the value he added to our lives, my grandfather left a legacy of love stretching around the world through his beloved Spain and back again. I saw that love all about him-in his siblings, his wife, his daughter and grandsons, in his many friends at the Lions and Toastmaster's Clubs, in his students and colleagues, in his close friends. Floyd donated his time generously to work with little girls in the Brownies. He was a grand father to my mother. When my father became sick, my grandfather, already in his late 80's, started showing up on Fridays at my mother's house unasked, with provisions for the weekend. "Go," he would say to my mother, "take the weekend off." This was one of his innumerable gifts. All we can do once a loved one is gone is to try to rekindle and perpetuate his spirit by bringing his lessons into our own lives. My grandfather taught me "how to walk like a man," not an easy lesson but an invaluable one. If we're lucky, no matter what chronological age we come to, we never stop being kids inside; I know my grandfather didn't. Maybe all that we can do that truly matters in this life is to trust and love each other. And to keep on trusting and loving even if we're hurt, even though it's hard, again and again, whether it makes sense or not. My grandfather trusted in others and loved without fear, walking like a man, and teacher that he was, taught me how to do the same. For this simple, wondrous gift, I will carry my mother's father in my heart forever. What about the other men in my life, most obviously, my own father? My father, Clement Ludvik Svoboda, like his father Clement Vladimir Svoboda (my other grandfather), was a man who had a hard time enjoying life or relaxing. Habitually grouchy and repressed, my father devoted much of his energy to obsessing over small matters that seemed unimportant to me. Matters that I think were unimportant compared to the textured levels of life that almost entirely passed him by. Are there seeds of my father in myself? I would be kidding if I tried to pretend there weren't. It's important for me to see that in moderation, my father's attention to detail and containment of his own emotions are actually positive characteristics for which he deserves praise. …

Journal of Prenatal Perinatal Psychology Health, Apr 1, 2002

Attorneys For the Rights of the Child Newsletter, 2008

Male and Female Circumcision

Certain potential hindrances to achieving United Nations acknowledgment of male genital mutilatio... more Certain potential hindrances to achieving United Nations acknowledgment of male genital mutilation as a human rights violation. Included is the misperception that ... Male and Female Circumcision, edited by Denniston et al. Kluwer Academic I Plenum Publishers, New ...

Bodily Integrity and the Politics of Circumcision, 2006

The struggles to protect male and female genital integrity may be analyzed as parts of larger str... more The struggles to protect male and female genital integrity may be analyzed as parts of larger struggles for men's and women's rights. While genital integrity still lacks binding legal safeguards, individual victories have been won. A number of important gender equity cases have been decided by the United States Supreme Court affirming men's right to equal treatment. Several illuminating parallels link genital integrity and gender equity. Like genital integrity, gender equity is fundamentally a civil rights movement. Both topics seem strange at first but ultimately derive from basic principles. Both causes are relatively unfamiliar to the broader legal community, not to mention the general public. Both can be rendered easily understandable through parallels with familiar topics. Genital integrity may temporarily be less legally robust. Both movements may be on the verge of some major breakthroughs. The interconnections between gender equity and genital integrity are growing in importance. Awareness of the gender equity movement should inform our activism regardless of our personal views. Both movements are relatively neglected at this particular historical moment. The very resistance such discussions raise may represent the barriers faced by activism in gaining support for its male-protective cause.

Global Discourse, 2013

All forms of genital cutting – female genital cutting (FGC), intersex genital cutting, male genit... more All forms of genital cutting – female genital cutting (FGC), intersex genital cutting, male genital cutting (MGC), and even cosmetic forms of FGC – are performed in a belief that they will improve the subject’s life. Genital autonomy is a unified principle that children should be protected from genital cutting that is not medically necessary. Safeguarding genital autonomy encompasses helping societies and individuals to explore wounds common across different forms of genital cutting regarding gender, power, the quest for cultural belonging, and social and sexual control. A desire to prevent alternative sexualities helps explain the origins of MGC’s medicalization starting in the nineteenth century, as well as the roots of the failed attempt to similarly medicalize FGC. The child with ‘ambiguous’ genitalia brings us face to face with the failure of the attempted alignment of sex and gender. Medical ethics, law, and human rights suggest a path forward toward genital autonomy.

Genital Cutting: Protecting Children from Medical, Cultural, and Religious Infringements, 2013

The doctrine of informed consent functions reasonably within its area of applicability of compete... more The doctrine of informed consent functions reasonably within its area of applicability of competent adults, though even in that setting it suffers from some difficulties both theoretical and practical. When applied by proxy to incompetent persons such as mentally incapacitated adults and newborn babies, the doctrine becomes a legal fiction, i.e., a legal construct created to force-fit a set of facts into an established legal analysis that is not literally applicable. The conceptual, ethical and practical difficulties are maximized with proxy permission to authorize circumcision of neonates. “Proxy consent” for neonatal circumcision is a legal fiction that cloaks a usurpation of agency allowing ostensibly hallowed principles of autonomy and self-determination to be violated with impunity. Such legal fictions conceal our violations from ourselves and others under the pretenses of legal authorization and compliance with ethics and human rights, and—in the circumcision context—the further pretense of medical authorization, masking our failure to properly safeguard human dignity and autonomy.

Sexual Mutilations, 1997

22 ROUTINE INFANT MALE CIRCUMCISION Examining the Human Rights and Constitutional Issues J. Steve... more 22 ROUTINE INFANT MALE CIRCUMCISION Examining the Human Rights and Constitutional Issues J. Steven Svoboda 1. INTRODUCTION Human rights agreementsapplicable either through ratification or through custom-ary lawforbid circumcision based on such ...

The American journal of bioethics : AJOB, 2015

The accuracy of the Content should not be relied upon and should be independently verified with p... more The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden.

Medical science monitor : international medical journal of experimental and clinical research, 2008

In their review article Clark et al. claim "Neonatal circumcision is medically necessary and... more In their review article Clark et al. claim "Neonatal circumcision is medically necessary and ethically imperative" [1]. This represents a double contradiction of among others the positions of the American Academy of Pediatrics [2] the British Medical Association [3] the Canadian Paediatric Society [4] and the Royal Australasian College of Physicians [5]. To justify such a dramatic conclusion the authors need to make a strong case. This is all the more true given the authors far-reaching intent to examine the medical evidence give an ethical analysis and develop guidelines to implement mandatory neonatal circumcision in sub-Saharan Africa. Unfortunately the authors stumble so badly on the first two steps that the third step becomes irrelevant. We will evaluate the accuracy and quality of the "medical evidence" Clark et al. use in their analysis by parsing the facts from the fantasy providing an overview of the risk-benefit analyses of circumcision evaluating the authors ethical justification of infant circumcision and providing our own modest proposal. (excerpt)

The Journal of contemporary health law and policy, 2000

a prominent Canadian medical ethicist, recently went so far as to assert that neonatal circumcisi... more a prominent Canadian medical ethicist, recently went so far as to assert that neonatal circumcision constitutes assault under the Canadian criminal code.

Circumcision and Human Rights

Barriers of many different types make successful circumcision-related lawsuits extremely difficul... more Barriers of many different types make successful circumcision-related lawsuits extremely difficult to bring. Actual cases we and others have brought show that among factors impeding progress are (1) financial risks; (2) procedural difficulties; (3) misconceptions and compassion misallocation among judges, lawyers, jury members, the media, and the general public; (4) constraints unique to circumcision lawsuits that are imposed by statutes of limitation and statutes of repose; (5) need for parental participation in lawsuits; (6) problem of damages not being atrocious enough to justify litigation; and (7) the scarcity of helpful case law. Players whose roles we will be scrutinizing include clients, lawyers, judges, juries, courts and procedures, doctors, media, and fellow activists. We will discuss the many reasons why potential plaintiffs never even make it to the filing stage. We will look at why judges and juries are starting to understand that just having a foreskin is not reason enough to have a circumcision.

Flesh and Blood, 2004

In August 2001, NOCIRC submitted an oral address and a written “intervention” to the United Natio... more In August 2001, NOCIRC submitted an oral address and a written “intervention” to the United Nations’ Sub-Commission for the Promotion and Protection of Human Rights, which became part of the official UN record. We provide the text of our written intervention. At this point in time, the Sub-Commission is the most favorable forum in which to seek UN recognition of male genital cutting (MGC) as a human rights violation. The UN and the Sub-Commission are to be congratulated for their progress in acknowledging the importance of MGC. Further work remains to expand on the UN’s and the Sub-Commission’s statements that (1) at least, under certain circumstances, MGC can constitute a human rights violation; and (2) anti-male sex discrimination violates human rights. Analysis of reports regarding MGC is provided by the Sub-Commission’s Special Rapporteur on Traditional Practices Affecting the Health of Women and the Girl Child. We review the Sub-Commission’s 1998 excision of male children from the Special Rapporteur’s mandate, in apparent violation of both its own procedures and leading human rights documents.

Understanding Circumcision, 2001

Recent research demonstrates the existence of wholesale infanticide among the Kallars of Madurai ... more Recent research demonstrates the existence of wholesale infanticide among the Kallars of Madurai district, whereby fully 75% of female

JAMA Pediatrics, 2014

To the Editor Morris and Tobian 1 note that parents are granted wide latitude in authorizing surg... more To the Editor Morris and Tobian 1 note that parents are granted wide latitude in authorizing surgical procedures for their children. But that latitude is not unlimited and is fiduciary in nature. Fundamentally, male circumcision is a religious and cultural cosmetic procedure, not a valid medical procedure. Almost 70 years ago, writing in a much less child-protective era than the present, in Prince v Massachusetts, the US Supreme Court held that " neither rights of religion nor rights of parenthood are beyond limitation…. Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children [em-phasis added]…. " 2 Morris and Tobian refer to the asserted " rarity " of " adverse outcomes " from circumcision. Yet as the American Academy of Pediatrics tells us, " The true incidence of complications after newborn circumcision is unknown. " 3 Moreover, unlike other medical procedures such as immunizations, which prevent serious childhood diseases, male circumcision provides no benefit to the vast majority of boys or men (and robs them of the most sensitive portion of the penis). Hence the serious injuries that do sometimes result from this needless procedure , up to and including death (estimated to be in the 3 digits annually in the United States), are truly unjustifiable tragedies. Morris repeatedly cites his own polemics in an attempt to back up his plea that circumcision is safer in the newborn. Yet there is no evidence that the procedure is safer or better tolerated in infancy, and evidence exists to the contrary. 4 Morris and Tobian's contentions about " medical " benefits— claimed since the late 1800s—have been repeatedly shown to be weak, most recently in a powerful 2013 statement by 38 distinguished physicians from throughout Europe and Canada. 5 Urinary tract infections strike girls much more frequently than boys, and in all such cases are treated with oral antibiotics, not surgery. But if genital surgeries on girls did reduce such infections , would Morris and Tobian favor rolling them out univer-sally? Could they even advocate research into the question without falling afoul of medical ethics? The clear and obvious answer is no. Circumcision breaks the cardinal ethical rule for physicians , " First, do no harm. " With the scarce medical resources we have available today , it is time to call a halt to this procedure, …

Social & Legal Studies, 2010

not seeking to convert anyone (pp. 2–3, 217). This is perfectly understandable, as the latter act... more not seeking to convert anyone (pp. 2–3, 217). This is perfectly understandable, as the latter action would require a far longer (if not entirely separate) book. It is still, however, somewhat disappointing – particularly given all of the work Boonin puts in to dismissing theories of punishment in the second part of his argument (Chapters 2–4). Given the points above, this book would probably be of most use to those who are not already accustomed to the various theories of punishment discussed, as these are dealt with in a particularly accessible way. For readers who are acquainted with the existing literature, this book is unlikely to do more than restate familiar problems. Nevertheless, it is still well worth reading: the arguments Boonin presents (although sometimes in insufficient detail) ought to be taken seriously, even if the occasional lack of structure referred to above makes it unlikely that they will change many minds. FINDLAY STARK University of Edinburgh, UK

Social & Legal Studies, 2009

normative arguments? And, if so, might it not be that the radical criminologist's focus on those ... more normative arguments? And, if so, might it not be that the radical criminologist's focus on those who wield power-not so much the law, as those who make and enforce it-is in fact more productive than is a conceptual analysis as a basis for critique of modern law's particular irresponsibility? While Veitch's analysis of the impact of not only individualism but also the social division of labour has much to tell us about the distinctive method of modern law's operations, and their normative consequences, my feeling is that it is pushed a little too far, at the expense of an appreciation of what are in fact larger implications of the argument. Another, related, caveat has to do with the upshot of the analysis. Veitch is at pains to emphasize that his argument is not about particular laws and their impact, but rather about law in general. In his conclusion, he declares the object of the enterprise to have been to sensitize us to the nature of law's organization of irresponsibility, in order that we should take a more stringent view of the forms of resistance or protest which would be needed to remove, or at least reduce, our own complicity in avoidable human suffering. This is persuasive. But there is nonetheless a risk here of losing the baby along with the bathwater, in that Veitch seems to imply that critique of particular laws or legal decisions is beside the point. This is to go too far, as his own discussion of the ICJ's decision on the legality of nuclear weapons suggests. Do we really want to preclude ourselves from arguing that Judge Weeramantry's dissenting position would have been a preferable decision, not least in its open recognition of the limits of legal reason and its underlining of the dangers of nuclear holocaust? The hope of less legal, political and personal irresponsibility, surely, rests in both global critique such as that offered by Veitch, and in more local and partial practices of criticism and resistance.

Journal of the Royal Society for the Promotion of Health, 2005

The objective of this study was to determine whether the justifications given for promoting mass ... more The objective of this study was to determine whether the justifications given for promoting mass circumcision as a preventive measure for HIV infection are reasonable and whether mass circumcision is a feasible preventive measure for HIV infection in developing countries. The medical literature concerning the practice of circumcision in the absence of medical indication was reviewed regarding its impact on HIV infection and related issues. The literature was analysed with careful attention to historical perspective. Our results show that the medical literature supporting mass circumcision for the prevention of HIV infection is inconsistent and based on observation studies. Even if the two ongoing randomised controlled trials in Africa show a protective benefit of circumcision, factors such as the unknown complication rate of the procedure, the permanent injury to the penis, human rights violations and the potential for veiled colonialism need to be taken into account. Based on the b...

Medical Anthropology Quarterly, 2007

In this article, we offer a critical examination of the tendency to segregate discussion of surgi... more In this article, we offer a critical examination of the tendency to segregate discussion of surgical alterations to the male and female genitals into separate compartmentsthe first known as circumcision, the second as genital mutilation. We argue that this fundamental problem of definition underlies the considerable controversy surrounding these procedures when carried out on minors, and that it hinders objective discussion of the alleged benefits, harms, and risks. We explore the variable effects of male and female genital surgeries, and we propose a scale of damage for male circumcision to complement the World Health Organization's categorization of female genital mutilation. The origins of the double standard identified are placed in historical perspective, and in a brief conclusion we make a plea for greater gender neutrality in the approach to this contentious issue.

Journal of Medical Ethics, 2002

Bioethics committees have issued guidelines that medical interventions should be permissible only... more Bioethics committees have issued guidelines that medical interventions should be permissible only in cases of clinically verifiable disease, deformity, or injury. Furthermore, once the existence of one or more of these requirements has been proven, the proposed therapeutic procedure must reasonably be expected to result in a net benefit to the patient. As an exception to this rule, some prophylactic interventions might be performed on individuals "in their best interests" or with the aim of averting an urgent and potentially calamitous public health danger. In order to invoke these exceptions, a stringent set of criteria must first be satisfied. Additionally, where the proposed prophylactic intervention is intended for children, who are unlikely to be able to provide a meaningfully informed consent, a heightened scrutiny of any such measures is required. We argue that children should not be subjected to prophylactic interventions "in their best interests" or for public health reasons when there exist effective and conservative alternative interventions, such as behavioural modification, that individuals could employ as competent adolescents or adults to avoid adverse health outcomes. Applying these criteria, we consider the specific examples of prophylactic mastectomy, immunisations, cosmetic ear surgery, and circumcision.