Corporal Punishment of Children: A Caning for the United Kingdom

Abstract

The ruling of the European Court of Human Rights in A v. United Kingdom (Human Rights: Punishment of Child) [1998] 2 F.L.R. 959 that to beat repeatedly a nine-year-old boy with a garden cane, leaving linear bruises on his thighs and buttocks which remained for up to one week, amounted to “torture or inhuman or degrading treatment or punishment” contrary to Article 3 of the Convention will occasion little suprise. What will have come as unwelcome news to some is the unanimous decision of the Court that the Government of the United Kingdom could itself be held liable for failing to take measures which could have prevented these beatings by the child's stepfather.