Children First Act 2015

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Children First Act 2015
Coat of arms of Ireland.svg
Oireachtas
  • An Act for the purposes of making further and better provision for the care and protection of children and for those purposes to require the preparation, by certain providers of services to children, of child safeguarding statements; to require certain persons to make reports to the Child and Family Agency in respect of children in certain circumstances; to require certain persons to assist the Child and Family Agency in certain circumstances; to provide for the establishment of the Children First Inter-Departmental Implementation Group; to make provision for the preparation of sectoral implementation plans by Departments of State; to provide for the abolition of the common law defence of reasonable chastisement and, for that purpose, to amend the Non-Fatal Offences Against the Person Act 1997 ; and to provide for related matters.
Citation No. 36 of 2015
Territorial extent Ireland
Passed by Dáil
Passed14 July 2015
Passed by Seanad
Passed21 October 2015
Signed by President Michael D. Higgins
Signed19 November 2015
CommencedCommenced in part:
11 December 2015
1 May 2016
11 December 2017
Legislative history
First chamber: Dáil
Bill titleChildren First Bill 2014
Bill citation No. 30 of 2014
Introduced by Minister for Children and Youth Affairs (James Reilly)
Introduced10 April 2014
Committee responsible Health
First reading 30 April 2014
Second reading 7 May 2014
Considered by the Health Committee11 November 2014
Report and Final Stage14 July 2015
Second chamber: Seanad
Second reading21 July 2015
Considered in committee23 September 2015
Report and Final Stage21 October 2015
Final stages
Seanad amendments considered by the Dáil 21 October 2015
Finally passed both chambers21 October 2015
Status: In force

The Children First Act 2015 (Act No. 36 of 2015) is an Act of the Oireachtas.

Contents

Background

Ireland banned physical punishment against children in Irish schools since 1996. [1]

The European Committee of Social Rights ruled that Ireland had failed to remedy Article 17 (the right of mothers and children to social and economic protection) by prohibiting corporal punishment of children. [2]

The Minister for Justice committed to legislate to bring Ireland into 'full compliance' with the ruling. [3]

Commencement of the law

On 11 December 2015, the provision to ban smacking came into force. [4]

Impact

In 2020, Ireland was noted as still having a 'relatively high' acceptance of slapping children despite the ban on smacking. [5]

Related Research Articles

<span class="mw-page-title-main">Convention on the Rights of the Child</span> International treaty about the rights of children

The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

<span class="mw-page-title-main">Spanking</span> Corporal punishment of striking the buttocks

Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, the use of implements can also refer to the administration of more specific types of corporal punishment such as belting, caning, paddling and slippering.

<span class="mw-page-title-main">Corporal punishment</span> Punishment intended to cause physical pain

A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person.

<span class="mw-page-title-main">Caning</span> Punishment method

Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hands. Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet. The size and flexibility of the cane and the mode of application, as well as the number of the strokes, may vary.

Chastisement is the infliction of corporal punishment as defined by law.

<span class="mw-page-title-main">Frances Fitzgerald (politician)</span> Irish politician (born 1950)

Frances Fitzgerald is an Irish politician who served as a Member of the European Parliament (MEP) from Ireland for the Dublin constituency from July 2019 to July 2024. She is a member of Fine Gael, part of the European People's Party. She previously served as Tánaiste from 2016 to 2017, Minister for Business, Enterprise and Innovation from June 2017 to November 2017, Minister for Justice and Equality from 2014 to 2016, Minister for Children and Youth Affairs from 2011 to 2014 and Leader of Fine Gael in the Seanad from 2007 to 2011. She served as a Teachta Dála (TD) from 1992 to 2002 and 2011 to 2019. She was also a Senator for the Labour Panel from 2007 to 2011.

<span class="mw-page-title-main">LGBT rights in the Republic of Ireland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.

<span class="mw-page-title-main">Slippering</span> Type of corporal punishment

Slippering is a term for the act of smacking the buttocks, or the hands, with a slipper or a slide as a form of corporal punishment. A slippering on the buttocks is a form of spanking; it is a much more common method than slippering on the hands. The verb "to slipper" means "to give a slippering". Slipperings are particularly associated with Britain and Commonwealth countries, although not exclusively so.

<span class="mw-page-title-main">Crimes (Substituted Section 59) Amendment Act 2007</span> New Zealand law concerning corporal punishment

The Crimes Amendment Act 2007 is an amendment to New Zealand's Crimes Act 1961 which removed the legal defence of "reasonable force" for parents prosecuted for assault on their children.

<span class="mw-page-title-main">School corporal punishment</span> Form of punishment

School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. The term corporal punishment derives from the Latin word for the "body", corpus. In schools it may involve striking the student on the buttocks or on the palms of their hands with an implement such as a rattan cane, wooden paddle, slipper, leather strap, belt, or wooden yardstick. Less commonly, it could also include spanking or smacking the student with an open hand, especially at the kindergarten, primary school, or other more junior levels.

Feminism has played a major role in shaping the legal and social position of women in present-day Ireland. The role of women has been influenced by numerous legal changes in the second part of the 20th century, especially in the 1970s.

<span class="mw-page-title-main">Corporal punishment in the home</span> Form of punishment used by parents to inflict physical pain or discomfort

Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush, paddle, whip, or hanger. On a looser definition, it can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.

<span class="mw-page-title-main">Campaigns against corporal punishment</span>

Campaigns against corporal punishment aim to reduce or eliminate corporal punishment of minors by instigating legal and cultural changes in the areas where such punishments are practiced. Such campaigns date mostly from the late 20th century, although occasional voices in opposition to corporal punishment existed from ancient times through to the modern era.

<span class="mw-page-title-main">School corporal punishment in the United States</span> United States corporal punishment in schools

Corporal punishment, sometimes referred to as "physical punishment" or "physical discipline", has been defined as the use of physical force, no matter how light, to cause deliberate bodily pain or discomfort in response to undesired behavior. In schools in the United States, corporal punishment takes the form of a school teacher or administrator striking a student's buttocks with a wooden paddle.

The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.

<span class="mw-page-title-main">Corporal punishment of minors in the United States</span> Infliction of pain or discomfort on minors as punishment

Corporal punishment of minors in the United States, meaning the infliction of physical pain or discomfort by parents or other adult guardians, including in some cases school officials, for purposes of punishing unacceptable attitude, is subject to varying legal limits, depending on the state. Minor children in the United States commonly experience some form of corporal punishment, such as spanking or paddling. Despite opposition from medical and social-services professionals, as of 2024, the spanking of children is legal in all 50 states and, as of 2014, most people still believe it is acceptable provided it does not involve implements. Corporal punishment is in the United States usually considered distinct from illegal child abuse, although the distinction can often be vague.

In England and formerly in Wales, battery punishment by parents of their minor children is lawful by tradition and explicitly under common law by R v Hopley [1860] 2F&F 202 :

By the law of England, a parent ... may for the purpose of correcting what is evil in the child inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable.

The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law. As of 2024, only three of seven G7 members including seven of the 20 G20 member states have banned the use of corporal punishment against children.

<span class="mw-page-title-main">Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020</span> United Kingdom legislation

The Children (Wales) Act 2020 is an Act of the National Assembly for Wales that was given royal assent on 20 March 2020. It was introduced to the Assembly in March 2019 by Julie Morgan AM and passed on the 28 January 2020. It was first detailed in February 2019 by way of an Explanatory Memorandum.

<span class="mw-page-title-main">Children (Equal Protection from Assault) (Scotland) Act 2019</span> United Kingdom legislation

The Children (Scotland) Act 2019 was an Act of the Scottish Parliament that outlaws the use of corporal punishment on children.

References

  1. "Irish law still allows parents to hit their children. Should this change?". Irish Central. Dublin. 30 May 2015. Retrieved 18 July 2024.
  2. "Corporal punishment: Irish smacking law violates European charter". BBC. London. 27 May 2015. Retrieved 18 July 2024.
  3. Fitzgerald, Frances (27 May 2015). "Irish corporal punishment law breaches human rights rules". The Irish Examiner. Dublin. Retrieved 18 July 2024.
  4. O'Brien, Frances Fitzgerald (11 December 2015). "Ban on smacking children came into force at midnight". The Irish Times. Dublin. Retrieved 18 July 2024.
  5. Baker, Noel (12 December 2020). "Ireland has 'relatively high' acceptance of slapping children despite ban". Dublin. Retrieved 18 July 2024.