The case A v United Kingdom (Case 100/ 1997/ 884/ 1096) [1998] 2 FLR 959; [1999] 27 EHRR 611 is a landmark case in the European Court of Human Rights (ECtHR) that concerned the issue of corporal punishment of children by their parents or guardians. The applicant, A, was a British boy who was repeatedly hit with a garden cane by his stepfather, causing him bruises and welts. The stepfather was charged with assault but acquitted by a jury on the ground of “reasonable chastisement”, which was a defence under English common law. A complained to the ECtHR that the UK had failed to protect him from inhuman or degrading treatment, in violation of Article 3 of the European Convention on Human Rights (ECHR).
The ECtHR found that the UK had violated Article 3 of the ECHR by allowing the defence of reasonable chastisement to be applied in A’s case. The Court held that the treatment inflicted on A was sufficiently severe to amount to inhuman or degrading treatment, and that the State had an obligation to protect children from such treatment by their parents or guardians. The Court also noted that there was a growing consensus among European and international legal instruments that corporal punishment of children should be prohibited. The Court awarded A damages and costs.
The relevance of the case is that it established that corporal punishment of children by their parents or guardians is incompatible with Article 3 of the ECHR, and that the State has a positive duty to protect children from such treatment. The case also contributed to the development of a European and international standard against corporal punishment of children, and influenced the reform of domestic laws in the UK and other countries. The case is considered a milestone in the protection of children’s rights in Europe. ¹²⁴⁵
(1) JUDGMENT E U R O P E A N C O U R T O F H U M A N R I G H T S. https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-58232&filename=001-58232.pdf.
(2) A v. United Kingdom | CRIN. https://archive.crin.org/en/library/legal-database/v-united-kingdom-0.html.
(3) A v UK (1999) – e-lawresources.co.uk. http://www.e-lawresources.co.uk/A-v-UK-%281999%29.php.
(4) European Court of Human Rights: A v UK (1998) – CIRP. https://cirp.org/library/legal/A_v_UK1998/.
(5) A. and Others v. the United Kingdom [GC] – 3455/05 – Council of Europe. https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=002-1647&filename=002-1647.pdf&TID=ihgdqbxnfi.
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