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, 2015 subsequently abolished the common law defence of reasonable chastisement. This came into force on 11 December 2015.