The use of slapping or force of any kind to discipline children has been banned, following the signing of a commencement order by Minister for Children and Youth Affairs James Reilly on 11 December. The legal changes introduced under s.28 of the Children First Act 2015 have the effect of formally removing the common law defence of “reasonable chastisement” in cases where corporal punishment is used against a child.
Minister Reilly stated that he hopes the change will lead to a “cultural change” across society with regard to the use of physical punishment. The legal changes follow a ruling of the European Committee of Social Rights of the Council of Europe against Ireland in May 2015 which held that the law in its previous state violated the European Social Charter’s requirement on signatories to “protect children and young persons against negligence, violence or exploitation”. The campaign was backed by the Children’s Rights Alliance, which regards the removal of the defence as part of a broader journey towards shifting public attitudes.
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