Dan Boyle (Cork South Central, Green Party)
Link to this: Individually | In context

Question 58: To ask the Minister for Justice, Equality and Law Reform his views on the European Committee on Social Rights' judgment regarding corporal punishment of children here; and if he will make a statement on the matter. [21575/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The World Organisation against Torture, OMCT, registered a complaint against Ireland and four other countries with the European Committee of Social Rights under Article 17, rights of children and young persons to social, legal and economic protection, of the Council of Europe Revised European Social Charter. The complaint was made under Article 3 of the additional protocol which allows specified non-governmental organisations to submit collective complaints. Ireland and the four other countries against which the complaint was registered, signed and ratified the additional protocol in 2000.

The complaint was considered by the European Committee of Social Rights. Its report found that "the lack of an adequate prohibition on the corporal punishment of children within the home, in certain child care settings, foster care and in residential care constitutes a violation of Article 17 of the Revised Charter".

The issue of corporal punishment in the home falls within the remit of my Department. The common law recognises the right of a parent to inflict moderate and reasonable physical chastisement of a child. The Law Reform Commission, in its 1994 report on non-fatal offences against the person, LRC 45 — 1994, recommended that while it would be premature to abolish the common law chastisement exception immediately, the re-education of parents should proceed without delay and the exception should be abolished when the time was right.

Government policy in this area is expressed in the national children's strategy, launched in November 2000. One of the objectives of the strategy, which has a ten year life span, states "... As part of a policy of ending physical punishment, parenting courses will focus on alternative approaches to manage difficult behaviour in children". The National Children's Office is co-ordinating the strategy. The present legal arrangements can be reviewed in light of the developments arising from the strategy and any constitutional considerations which may arise.

Ireland's response to the complaint was considered by the Committee of Ministers and Deputies and a resolution was adopted by the Committee of Ministers on 8 June 2005 noting, inter alia, the intention of the Government to keep the introduction of an outright ban on corporal punishment under review.