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Corporal punishment: Decision due over Irish smacking law Corporal punishment: Irish smacking law violates European charter
(about 3 hours later)
A decision is expected later on whether the Republic of Ireland violated a European charter by not banning all corporal punishment, including parents smacking their children at home. A rights watchdog has found the Republic of Ireland violated a European charter by not banning all corporal punishment, including smacking at home.
Corporal punishment was banned in Irish schools in 1982 and, by 1996, it was a criminal offence to hit schoolchildren.Corporal punishment was banned in Irish schools in 1982 and, by 1996, it was a criminal offence to hit schoolchildren.
However, the Republic of Ireland is one of the few European countries that does not ban physical punishment at home.However, the Republic of Ireland is one of the few European countries that does not ban physical punishment at home.
The European Committee of Social Rights is to publish its findings. The European Committee of Social Rights made its ruling after a formal complaint from a UK-based charity.
The committee is part of the 47-nation Council of Europe. The Association for the Protection of All Children (Approach) lodged its complaint in February 2013 to the committee, which is part of the 47-nation Council of Europe.
Its ruling, due on Wednesday morning, follows a formal complaint in February 2013 from the UK-based Association for the Protection of All Children (Approach).
'Reasonable chastisement''Reasonable chastisement'
It alleges that the Republic of Ireland has taken "no effective action" to remedy violation of Article 17 (the right of mothers and children to social and economic protection) of the European Social Charter by prohibiting all corporal punishment and other "cruel or degrading forms of punishment of children". The charity alleged that the Republic of Ireland has taken "no effective action" to remedy violation of Article 17 (the right of mothers and children to social and economic protection) of the European Social Charter by prohibiting all corporal punishment and other "cruel or degrading forms of punishment of children".
Approach said the existence, under Irish Common Law, of the defence of reasonable chastisement "allows parents and some other adults to assault children with impunity".Approach said the existence, under Irish Common Law, of the defence of reasonable chastisement "allows parents and some other adults to assault children with impunity".
"We want Ireland to remove such a defence," said Peter Newell from Approach. In its decision, published on Wednesday morning, the European Committee of Social Rights said none of the Irish legislation referred to it expressly banned "all forms of corporal punishment of children that is likely to affect their physical integrity, dignity, development or psychological well-being".
"If Ireland is found to be in violation of the social charter, it would be a serious human rights decision which we hope Ireland will take seriously. It is a very simple legal reform but it has to go through the Irish parliament." The committee concluded unanimously that Irish domestic law violates Article 17 of the European Social Charter.
Corporal punishment is banned in Irish schools and some care settings under the Children Act of 2001, but it is still not explicitly banned in the home.Corporal punishment is banned in Irish schools and some care settings under the Children Act of 2001, but it is still not explicitly banned in the home.
The United Nations and other organisations that protect children, including the Children's Rights Alliance, Barnardos and the Irish Society for the Prevention of Cruelty to Children (ISPCC) have been campaigning for some years to change the law. The United Nations and other organisations that protect children, including the Children's Rights Alliance, Barnardos and the Irish Society for the Prevention of Cruelty to Children (ISPCC) have been campaigning for some years to change the law on smacking.
Legal expertsLegal experts
The ISPCC said on its website that it believed "comprehensive, quality support and education of parents is essential in actively discouraging slapping and promoting positive, non-violent forms of discipline".The ISPCC said on its website that it believed "comprehensive, quality support and education of parents is essential in actively discouraging slapping and promoting positive, non-violent forms of discipline".
"A legal ban would serve the purpose of removing slapping as an option for parents and would steer and support parents to find alternative disciplinary methods," it said."A legal ban would serve the purpose of removing slapping as an option for parents and would steer and support parents to find alternative disciplinary methods," it said.
The European Social Charter is a legally-binding social and economic counterpart to the European Convention on Human Rights. The Republic of Ireland is a signatory to the charter.The European Social Charter is a legally-binding social and economic counterpart to the European Convention on Human Rights. The Republic of Ireland is a signatory to the charter.
The European Committee of Social Rights is made up of independent legal experts who assess whether countries are in compliance with their commitments under the charter.The European Committee of Social Rights is made up of independent legal experts who assess whether countries are in compliance with their commitments under the charter.