The Government is to review laws which permit the slapping of children, following a ruling by the Council of Europe that the lack of a clear ban is a violation of young people’s rights.
Europe's top human rights body today ruled that Ireland's laws on corporal punishment are in breach of the European Social Charter, whose signatories promise "to protect children and young persons against negligence, violence or exploitation".
While legislation which allowed parents use force against their children was repealed almost 15 years ago, the defence of “reasonable chastisement” still exists in common law for parents or child carers.
In response to the ruling, Minister for Children James Reilly has pledged to explicitly ban the smacking of children in foster or residential care through new regulations.
In addition, he announced plans to review the defence of reasonable chastisement, in conjunction with the Department of Justice.
Disciplining children
Studies suggest that while smacking is becoming less socially acceptable in Ireland, it remains widely used as a way of disciplining children on occasion.
The Growing Up in Ireland study of three-year-olds found up to 45 per cent of their primary caregivers smacked them sometimes.
In countries where there has been an explicit ban, the use of smacking has tended to fall dramatically.
The ruling has been welcomed by children’s rights campaigners such as the Children’s Rights Alliance, which said Ireland was “out of kilter with Europe” in permitting corporal punishment.
“In recent days, the world has witnessed Ireland’s decision to introduce marriage equality and is now asking – how can children not yet have equal protection in the law?”said Tanya Ward, the alliance’s chief executive.
Barnardos and the ISPCC also called on the Government to introduce a total ban on corporal punishment as soon as possible.
“Our legal system doesn’t allow adults to be violent to each other so it makes no sense to allow a parent be violent to a child, especially as children are particularly vulnerable members of our society,” said June Tinsley, Barnardos head of advocacy.
The Government had argued in advance of today’s ruling that existing laws - such as the Child Care Act and Criminal Justice Act - and other regulations prohibited violence against children.
But this morning, the Council of Europe’s committee on social rights ruled that the lack of a clear ban was a violation of article 17 of the European Social Charter.
Following the ruling, a formal resolution noting the rights violation is expected to be made by the council in June.
A spokesman for the council said any member state found in violation of the charter faces an “international obligation” to address the issue.
While Ireland cannot be forced to change its laws by the council, it will face peer pressure from other member states who form part of the council.
Senator Jillian van Turnhout, a children’s rights campaigner, has proposed legislation in the Oireachtas which, she says, would provide for a total ban on corporal publishment and remove the defence of reasonable chastisement.
The case which culminated in today’s ruling was taken against Ireland by Approach. a UK-based charity which is campaigning against corporal punishment .
