Ban on parents smacking children considered?
AN OUTRIGHT ban on the smacking of children by their parents is under consideration by Minister for Children Frances Fitzgerald.
A new law to ban corporal punishment in the home is one of two options under consideration. The other is an amendment to existing laws to restrict the circumstances in which parents can plead a defence of “reasonable chastisement” of their children.
The Children’s Act, 1908, gave parents the right to use “reasonable and moderate chastisement” in disciplining children but this provision was repealed by the 2001 Children’s Act. However, removal of the common law defence requires an explicit provision in new legislation.
Corporal punishment of children is prohibited in all settings, including the home, in 18 of the 47 member states of the Council of Europe, but in Ireland outlawing physical punishment is seen as problematic given the constitutional guarantees regarding the family. The council and other international bodies have repeatedly criticised the absence of a ban in Irish law.
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