Call to change law on smacking in wake of council findings

The Government is under pressure to introduce a ban on smacking children following a finding by the Council of Europe that “reasonable chastisement” is a violation of young people’s rights.

While legislation which allowed parents use force against their children was repealed almost 15 years ago, the defence of reasonable chastisement still exists in common law for parents or childminders.

The council’s committee on social rights is understood to have ruled that Ireland’s failure to repeal this defence is a violation of the European Social Charter, which states that children have a right to be protected against violence.

Sources say the finding was communicated to the Government on January 27th last.

Charter

Ministers have a four-month period to inform the council of plans to bring our laws into conformity with the charter, to which

Ireland

is a signatory.

A spokesman for Minister for Children James Reilly declined to comment on the committee's finding, which is likely to be made public at a Council of Europe meeting in May. He confirmed that the department has received a communication in relation to the case.

Studies suggest that while smacking is becoming less socially acceptable, it remains widely used as a way of disciplining children. The Growing Up in Ireland study of three-year- olds found 45 per cent of their primary caregivers smacked them sometimes.

Senator Jillian van Turnhout said on Monday it was time to remove the defence of reasonable chastisement for once and for all.

“It is shameful we have not yet dealt with this issue. Just 100 years ago people could beat their wives, their dogs and their children. We still allow the beating of children. This says a lot about our society,” she said.

The Children’s Rights Alliance – an umbrella group of more than 100 organisations – has also urged the Government to introduce legislation to outlaw what it describes as “violence against children” and to strengthen positive parenting support programmes.