Minister signs commencement order removing the defence of reasonable chastisement

On Thursday, 10 December 2015 the Minister for Children and Youth Affairs Dr James O’Reilly TD signed a Commencement Order on the removal of the defence of “reasonable chastisement'” under Section 28 of the Children First Act 2015.  This means that from Friday, 11 December 2015 a person who administers corporal punishment to a child will no longer be able to rely on the defence of reasonable chastisement in court. 

Legislation which previously allowed parents to use force against their children was repealed almost 15 years ago. However, the common law defence of reasonable chastisement remained in place for parents or persons having care of children. 

The European Committee of Social Rights of the Council of Europe found that Ireland's laws on corporal punishment were in breach of the European Social Charter as regards failure to protect children from violence.

The Special Representative for the UN Secretary General on Violence Against Children wrote in response, that “in taking this step Ireland is making an important contribution to the global movement towards a world where all children are free from violence. Political support at the highest level is critical to ensuring that sustained progress can be made in combating violence against children. The steps that Ireland has taken augur well for a change in attitudes and behaviour that will help build a culture in which no form of violence against children is acceptable”.

Of note, the Children First Act 2015 which was passed by the Oireachtas on 11 November and signed into law on 19 November puts elements of the Children First Guidelines on a statutory basis.  That Act provides for a number of key child protection measures including the abolition of the defence of reasonable chastisement under Section 28.  The provision amends the Non-Fatal Offences against the Person Act 1997 by the insertion of a provision to abolish the common law defence of reasonable chastisement. 

A number of significant advances recently have supported this change including the enshrinement of Article 42(a) (Children) in the constitution providing that “the state recognises and affirms the natural and imprescriptible rights of all children and shall as far as practicable by its laws protect and vindicate those rights”. 

Minister O’Reilly in signing the Commencement Order for the removal of the defence of reasonable chastisement stated that this “measure represents a significant advancement as regards the protection and rights of children … we are removing something that has its roots in a completely different era and societal context”.

The measure is to be welcomed and further strengthens the rights of children to be brought up free from violence and harm.

For further information, please contact Lorcan Dunphy from our Health and Social Care team.