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France is among countries in Europe that have not explicitly banned smacking. Photograph: Rex Features
France is among countries in Europe that have not explicitly banned smacking. Photograph: Rex Features Photograph: BURGER/PHANIE/REX
France is among countries in Europe that have not explicitly banned smacking. Photograph: Rex Features Photograph: BURGER/PHANIE/REX

France faces censure for failing to ban smacking of children

This article is more than 9 years old

Council of Europe expected to say French government is failing to meet its obligations under European social charter

France is set to be criticised by Europe’s top human rights body for failing to clearly ban the smacking of children, Le Monde reported on Monday.

In a judgment due to be handed down on Wednesday, the Council of Europe will say French law is not “sufficiently clear, binding and precise” on the matter, Le Monde reported. The council made no comment.

Reacting to the report, France’s family minister Laurence Rossignol said she did not believe it was necessary to legislate on the issue of smacking.

“We don’t need a law but we do need to collectively consider the usefulness of corporal punishment in bringing up children,” she told Agence France-Presse.

British-based child protection charity Approach lodged the complaint because it maintains that French law violates part of the European social charter, a Council of Europe treaty first adopted in 1961 and revised in 1996.

While France bans violence towards children, it does allow parents the “right to discipline” them.

Twenty-seven European nations have banned the smacking of children and the Council of Europe wants the rest of its 47 member states to follow suit.

But polls show there remains widespread support in France for the right to smack children. In Britain “reasonable chastisement” is allowed but parents have been prosecuted in excessive cases.

Material from AFP was used in this report

More on this story

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  • A smacking ban could have been imposed years ago – and saved children’s lives

  • The Guardian view on smacking bans: Wales has done the right thing

  • Wales introduces ban on smacking and slapping children

  • Scotland becomes first UK nation to ban smacking of children

  • Scotland becomes first country in UK to ban smacking of children

  • Smacking children to be banned in Wales

  • Banning smacking won't stop it happening. Parents need more support

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