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Council of Europe ruling against France for corporal punishment

Xinhua, March 4, 2015 Adjust font size:

The European Committee of Social Rights (ECSR) of the Council of Europe (CE) has ruled on Wednesday that France is in violation of European rules regarding the use of corporal punishment for children.

The ECSR found France in not in compliance with the Revised European Social Charter, an agreement signed by 43 states in Europe, on the grounds that "smacking" as punishment is not "prohibited in a sufficiently clear, binding and precise manner under French law or case-law."

The decision states "there is now a wide consensus at both the European and international level among human rights bodies that the corporal punishment of children should be expressly and comprehensively prohibited in law."

The ruling stems from a complaint filed by the Association for the Protection of All Children (APPROACH), a London-based charity, which alleged that French law permits a "right of correction," which effectively legalizes corporal punishment in homes and certain kinds of care and school facilities.

The APPROACH mission is to influence all countries to adopt legislation against corporal punishment in every setting.

"It's obviously a strong and useful decision making it clear once again that children have the same rights as anyone," Peter Newell, Coordinator of the Global Initiative to End All Corporal Punishment of Children, the charity group which includes APPROACH, told Xinhua on Wednesday in response to the ruling.

Following the ruling, the CE Committee of Ministers will ask France what measures it intends to take in order to be in compliance with the Social Charter. Afterward, it will make recommendations to France about the appropriate changes to legislation to be made.

France, however, was one of only seven countries involved in the original complaint. One country, Cyprus, has since changed its laws to prohibit corporal punishment in all settings, and it has been removed from the list. Rulings by the ECSR on the remaining five countries --Belgium, the Czech Republic, Italy, Slovenia, and Ireland -- will be made in May.

A total of 27 member states of the CE have prohibited the use of corporal punishment in all settings. Enditem