Ban 'deliberate violence' now

Wednesday, April 21, 2004

By Maud de Boer-Buquicchio, deputy secretary general of the Council of Europe. (Taken from the sixth Kilbrandon lecture on justice for children.) The hesitation of the UK Government and some other states to grasp the nettle and legislate to respect children's fundamental rights appears to be based on their perception of and fear of public opinion. Banning corporal punishment is still a controversial issue in some states.

By Maud de Boer-Buquicchio, deputy secretary general of the Council of Europe. (Taken from the sixth Kilbrandon lecture on justice for children.)

The hesitation of the UK Government and some other states to grasp the nettle and legislate to respect children's fundamental rights appears to be based on their perception of and fear of public opinion. Banning corporal punishment is still a controversial issue in some states.

But where the human rights obligations of the state are clear-cut, as in this case, it must be the task of governments to shape public opinion.

Decisions of the European Commission and Court of Human Rights have underlined that banning all corporal punishment does not breach rights to family privacy or religious freedom.

At least ten member states of the Council of Europe have explicitly prohibited all corporal punishment, and more have removed defences equivalent to the 'reasonable chastisement' defence. Building on this progress, we must move to a Europe-wide ban on all corporal punishment of children.

I would like to challenge governments across Europe to stop defending deliberate violence against children. I hope Europe will soon be a corporal punishment-free area and that member states fulfil their obligations under international human rights instruments to prohibit all forms of violence, including corporal punishment against children in the family and in all other settings.

Children's rights are often violated because governments don't do enough.

This must change. The bottom line is that children are not mini-adults with mini-rights. They are human beings with human rights and some special needs.

The Council of Europe is doing its share to protect children's fundamental rights. Our focus must be to develop a comprehensive and coherent approach that will bring together all measures and instruments aimed at protecting the well-being of children. They must be put at the centre of our efforts.

The protection of children is not just an area of governmental responsibility. It is the ultimate test of its worth. Of our worth.

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