Re:
A v UK : Corporal Punishment Case
Hard
Cases make bad law
The Christian Institute
spoke out today against the European Court of Human Rights judgment
in the Re A case.
Simon Calvert,
Deputy Director of the Christian Institute said today
"Re A is a
highly unusual case. One thing is clear. Hard cases make bad law. The
step-father in the case was acquited by an English jury of any criminal
actions. This is no basis for the Strasbourg Judges to rule that the
exisiting legal rights of parents to discipline their own children should
be overturned.
Ordinary parents,
over 90% of them according to opinion polls, believe that children need
to be smacked sometimes. Peter Newall, the adviser in the Re A case
believes that all smacking is child abuse. Apparently such an extreme
view has held sway in the Court today.
The Re A case should
have been dealt with on its own merits. Even if the English jury got
it completely wrong, and there was a miscarriage of justice which is
far from clear, a hard case is no basis to dismantle the present law.
To pretend that
there are implications for all parents from this case is just plain
silly. It is an over-reaction by the Court which defies common sense.
"
ENDS
Note to editors : The Christian Institute carries out research
into social and ethical issues from a Christian perspective.
For further information contact :
Simon Calvert 0191 281 5664
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