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Human Rights Law

Mel Cousins

Selected Works

2015

Compatibility of Irish law

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Full-Text Articles in Law

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins Dec 2014

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins

Mel Cousins

This note examines the recent decision of the European Committee on Social Rights (ECSR) which found that that Irish law was in breach of Art. 17 of the European Social Charter as it does not prohibit and penalise all forms of violence against children within the family, in certain types of care or certain types of pre-school settings. While the Committee’s decision received considerable media attention in Ireland, the European Social Charter (ESC) is not, of course, binding in Irish law and the legal implications of the decision appear rather limited.

Note that s. 28 of the Children First Act, …