Statement by the Ombudsman for Children on the ruling by European Committee of Social Rights

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.

The decision of the European Committee of Social Rights is welcomed by the Ombudsman for Children’s Office. Ireland has been found to be in violation of the European Social Charter by failing to ban all corporal punishment against children.

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 ‘the State should put in place a comprehensive legal prohibition of the use of corporal punishment in all settings’.  The Ombudsman for Children will be speaking directly to the UN Committee next month and will be highlighting this issue.

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’s 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.

Dr. Muldoon also noted that the decision on Ireland repeats the Committee’s 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.

“The decision by Minister Reilly to explicitly prohibit corporal punishment within foster and state care is to be welcomed, but his intention to only ‘examine the possibility’ of the removal of the defence of “reasonable chastisement” is not acceptable.

“The Government has a legal responsibility to protect all of its citizens, including children.  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”.

ENDS

Notes for editor

*Recommendation 29 in the Report of the Ombudsman for Children to the UN Committee on the Rights of the Child on the occasion of the examination of Ireland’s consolidated Third and Fourth Report to the Committee.

‘The State should put in place a comprehensive legal prohibition of the use of corporal punishment in all settings’

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.

The complaints were lodged by the Association for the Protection of All Children (APPROACH) Ltd in 2013, and stated that:

• in Ireland, the existence of the common law of “reasonable chastisement” allows parents and some other adults to assault children with impunity
• in Slovenia, there is no explicit and effective prohibition of all corporal punishment of children, in the family, schools and other settings

Twenty-eight Council of Europe member states have prohibited corporal punishment of children in all settings of their lives including the family home: Albania (prohibition achieved in 2010), Andorra (2014), Austria (1989), Bulgaria (2000), Croatia (1999), Cyprus (1994), Denmark (1997), Estonia (2014), Finland (1983), Germany (2000), Greece (2006), Hungary (2005), Iceland (2003), Latvia (1998), Liechtenstein (2008), Luxembourg (2008), Malta (2014), Netherlands (2007), Norway (1987), Poland (2010), Portugal (2007), Republic of Moldova (2008), Romania (2004), San Marino (2014), Spain (2007), Sweden (1979), TFYR Macedonia (2013) and Ukraine (2004).

Details of the legality of corporal punishment of children across the Europe and Central Asia (updated September 2017)

• 27 May 2015
• Type: Press Release
• Topic: Family Law