{"id":1224,"date":"2015-05-27T10:38:33","date_gmt":"2015-05-27T10:38:33","guid":{"rendered":"https:\/\/www.oco.ie\/?p=1224"},"modified":"2017-11-08T10:42:22","modified_gmt":"2017-11-08T10:42:22","slug":"statement-ombudsman-children-ruling-european-committee-social-rights","status":"publish","type":"post","link":"https:\/\/www.oco.ie\/ga\/news\/statement-ombudsman-children-ruling-european-committee-social-rights\/","title":{"rendered":"Statement by the Ombudsman for Children on the ruling by European Committee of Social Rights"},"content":{"rendered":"

The European Committee of Social Rights has today ruled that Ireland and Slovenia are in violation of the European Social Charter because all corporal punishment of children is not prohibited.<\/p>\n

The decision of the European Committee of Social Rights is welcomed by the Ombudsman for Children\u2019s Office. Ireland has been found to be in violation of the European Social Charter by failing to ban all corporal punishment against children.<\/p>\n

Speaking following the ruling, the Ombudsman for Children, Dr. Niall Muldoon said that he was not surprised by the finding and referred to his recommendation in his recently published report to the UN Committee on the Rights of the Child (UNCRC)* that \u2018the State should put in place a comprehensive legal prohibition of the use of corporal punishment in all settings<\/i><\/b>\u2019.\u00a0 The Ombudsman for Children will be speaking directly to the UN Committee next month and will be highlighting this issue.<\/p>\n

In early 2016, a plenary meeting will take place between the UN Committee on the Rights of the Child and the Irish Government to examine Ireland\u2019s progress with implementing its obligations under the UNCRC since 2006. In context of its preparatory work for this meeting, the UN Committee will consider a report prepared by the Government as well as alternative reports.<\/p>\n

Dr. Muldoon also noted that the decision on Ireland repeats the Committee\u2019s 2003 finding on a complaint on the same issue. In the new decision, the Committee notes that there have been no legislative developments on the issue since the earlier finding.<\/p>\n

\u201cThe decision by Minister Reilly to explicitly prohibit corporal punishment within foster and state care is to be welcomed, but his intention to only \u2018examine the possibility\u2019 of the removal of the defence of \u201creasonable chastisement\u201d is not acceptable.<\/p>\n

\u201cThe Government has a legal responsibility to protect all of its citizens, including children.\u00a0 They must immediately move to bring to an end the violence against children which this defence condones and thereby allow all children the opportunity to enjoy, to the full, their right to live a life without violence\u201d.<\/p>\n

ENDS<\/b><\/p>\n

Notes for editor<\/b><\/h2>\n

*Recommendation 29 in the\u00a0Report of the Ombudsman for Children to the UN Committee on the Rights of the Child on the occasion of the examination of Ireland\u2019s consolidated Third and Fourth Report to the Committee<\/a>.<\/p>\n

\u2018The State should put in place a comprehensive legal prohibition of the use of corporal punishment in all settings\u2019<\/b><\/p>\n

Article 17 of the Charter, on the right of children and young persons to social, legal and economic protection, requires states to protect children and young persons against negligence, violence or exploitation.<\/p>\n

The complaints were lodged by the Association for the Protection of All Children (APPROACH) Ltd in 2013, and stated that:<\/p>\n