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Case law of the European Court of Human Rights
If links do not work, type the application number into the Court's
database
Hudoc
Case
of A v. UK, 1998 (parental corporal punishment)
application number 25599/94
Case
of Cambell and Cosans v. UK, 1982 (corporal punishment as inflicted at
school) application number 7511/73
Case
of Tyrer v. UK, 1978 (prohibition of judicial birching)
application number 5856/72
Unsuccessful challenges to the Court's
position on corporal punishment in schools:
September 2000: the ECHR
rejected by unanimous vote, without hearing, an application by individuals
associated with a group of Christian private schools in the UK alleging that
implementation of the ban on corporal punishment in private schools breached
parents' rights to freedom of religion and family life (European Court of
Human Rights, 2000).
Seven
individuals v. Sweden, 1982
(appealing to the right to respect for family life)
Philip Williamson and others v. UK,
2000 (appealing to the right to freedom of religion and family life)
The European
Committee of Social Rights
The
European Social Charter's Article 17 requires states to protect children
from all forms of ill-treatment. The
European Committee of Social Rights (ECSR), the monitoring body of the
Charter, has interpreted this article as requiring a prohibition in
legislation against any form of violence against children, including
corporal punishment in all settings (home, school, etc.). The following are
collective complaints relevant to corporal punishment lodged with the ECSR.
No.
21/2003 World Organisation against Torture (OMCT) v. Belgium
No.
18/2003 World Organisation against Torture (OMCT) v. Ireland
No.
17/2003 World Organisation against Torture (OMCT) v. Greece
No.
34/2006 World Organisation against Torture (OMCT) v. Portugal
Complaint No. 34/ 2006 / World Organisation Against Torture (OMCT v
Portugal. The European Committee of Social Rights concluded that
Portugal was in violation of Article 17 of the Revised Charter for failure
to "prohibit and penalise in all forms of violence against children,
that is acts or behaviour likely to affect the physical integrity, dignity,
development or psychological well being of children". Since the ECSR
decision Portugal has modified its penal code to reflect full prohibition.
The Committee of
Ministers
Committee
of Ministers recommendation Rec(2006)19 on policy to support positive
parenting
The Parliamentary
Assembly of the Council of Europe
Parliamentary
Assembly Recommendation 1666 (2004) on a Europe-wide ban of corporal
punishment of children.
Parliamentary Assembly Recommendation 1778 (2007) on child victims: stamping
out all forms of violence, exploitation and abuse / Click on "Doc.
11118" at the end of the recommendation for the report prepared by the
Committee on Legal Affairs and Human Rights (rapporteur: Charles Gardetto)
Also see:
Theseus, a data base containing case law on children's rights from the
European Court of Human Rights
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