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Dublin: 5 °C Saturday 25 May, 2013

Total ban on smacking children under consideration by Government

Minister for Children Frances Fitzgerald has said an outright prohibition of all corporal punishment is an option.

Image: sochacki.info via Flickr

THE GOVERNMENT IS considering an outright ban on parents smacking their children, Minister for Children Frances Fitzgerald has confirmed.

The measure – under which all corporal punishment within the home would be completely forbidden – is one of a number of options being examined by the Department. The Children’s Ombudsman has previously called on the Government to ban physical punishment.

Currently, parents can use a defence of “reasonable chastisement” if any legal issues arise.

Responding to a Dáil question, Minister Fitzgerald said no specific proposal to ban smacking had been outlined, but the matter was “under continuous review”.

She said that any outright prohibition would have possible constitutional implications, as the family is given special protection in the Constitution, adding:

I am encouraged that recent research in this area indicates that the practice of corporal punishment itself is declining in Ireland with 88 per cent of parents opting for other non violent means of correction and in due course the timing may be right to bring forward new proposals.

According to the Irish Times, corporal punishment of children is completely outlawed in 18 of the 47 Council of Europe nations.

In 2005, the Council’s European Committee of Social Rights ruled that Ireland was breaching its international human rights obligations by failing to ban smacking entirely.

What do you think? Should all corporal punishment of children be banned?


Poll Results:





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Comments (109 Comments)

  • I can just see the ad’s on TV now, sandwiched in between Spongebob Squarepants and Dora the explorer……

    ” Have you been smacked by your mammy? Maybe your Daddy put you over his knee because you tried to burn down his shed. If so call Gurriers Direct where we have dedicated staff waiting to take your call. You may be entitled to compensation, your parents might go to jail and you could end up in care. We have helped thousands of children like you to grow up with no sense of disciple, morals or responsibility. We can even advise you how to invest any compensation you get so that when you get arrested in a few years time for rioting, antisocial behaviour and the like, you will have enough money to make bail. Call now and just say Frances sent you.”

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  • Im all for no violence, but when i got the odd smack on the hand when i was young, i knew i had done wrong. and i didnt turn into a psychopath.

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  • We dont need our government to tell us how to raise our kids, we do however need them to do their job and provide our kids with a sustainable future that doesnt involve leaving the country.

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  • How’s about we smack the government?

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  • Nice to see our Government getting to grips with the burning issues. First we have a ban on smoking in or near playgrounds, then Varadkar decides we need more penalty point offences without having the resources to deal with the existing ones, and now Frances decides that every home can become a crime scene if Johnny gets a tap on the hand for setting the tablecloth alight. Yet funding for SNA’s, and many other childcare supports is cut, cut, cut.

    I look forward to the recruitment of another 100,000 Gardai to deal with all these heinous crimes. And another blast of civil servants to deal with the legalities.

    Tell you what Frances, concentrate on dealing with a smaller pot and a larger demographic, and tell us about that instead.

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  • What next, an end to mouse traps?

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  • No point in bringing in laws that are impossible to enforce.

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  • We’ll go out of our way to introduce legislation that we cannot monitor – BUT we have yet to have the referendum on children’s rights!

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  • I think most reasonable people do not “slap” their children, but do we really need the courts now patrolling families? Is it just me or does this legislation give the state far too much power and is there a very high risk of over kill here?
    Is there any reliable research that such measures has helped children in any practical way in countries where this has been implemented in their law?

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  • Legislators legislate. When they run out of ideas they make bad legislation. this is an example of the latter.

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  • that is ridiculous, i remember getting the odd smack when i was a child and did me no harm

    i have a 2 year old and if she does something really wrong, ie bites, throws breakables she gets a sharp smack on the hand, she says sorry and rarely does these things again, she ONCE went out the front gate by the road when she was around 15months and got a smack on the leg and now she doesnt even look at the road. whereas a friend of mine has a child and he bites, pulls hair, smacks, throws toys around, bites animals sits on animals, basically a brat, u could say no thats bold or remove him from the situation but he always repeats these things and has never gotten a smack…… I know every child is different but i think an smack now and again puts children in their place and teaches them right from wrong when the word NO is not getting through…………….

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    • I agree. A smack is not to hurt a child, just to give them a short sharp shock. Beating a child black and blue is what is completely wrong, but that is very different to a smack on the hand.

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    • omg you ought to be ashamed.. hitting an 18 month old innocent BABY!! how about engaging your brain and taking the time to explain why what they did was wrong?no too much like hard work? you make me sick

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  • A smack on the hand is intended to be a short sharp shock to the child to stop their misbehaviour. It is completely different to beating a child black and blue which is always very wrong.

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  • The world has gone man, there are times a child can not be reasoned with, I see nothing wrong with the odd light smack to let a child know they can’t get away with everything they do.There are certain lids their is just no reasoning with.I am sick of all this PC nonsense

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  • Ireland is becoming a police state, it takes orders from the leaders of the larger European countries & treats it’s citizens like fools. I have kids & have no shame in smacking my kids hand if they go near the fire or something dangerous, Better that than a serious injury.I don’t agree with a hard slap or physical abuse of any kind but sometimes it is nesasary, why do we take this shit from these guys.

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  • Is it ok to slap the drug addled mother of my friend’s children?

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    • Certainly ok to report her to social services. In the order of things, I would believe it should be a higher priority for the minister for children to protect the children begging on the street, those not in school and those in dangerous alcoholic or drug abusive homes etc.. Legislating for the low hanging fruit first is not the best way to go.

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    • No it is not ok to slap any one elses child or children . Why not take them out for the day to some where nice and reassure them that life is good and that you are one of the good people !! Get the mom some help ,

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    • Eileen, I think you misread the original comment.

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    • Oops ! No don’t slap her . Get her some help and report her to child welfare . It does not always mean children will be put into care , but maybe for a short while til the mam cops on …I would still let her kids know that you are one of the good guys .

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  • How are they going to enforce all these rules.

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  • Cue lots of well-informed and superbly-reasoned debate below…

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  • Deary deary me, what next? A foot in the arse..when i was young did me no harm at all. When will the legislative madness end?

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  • I gave the odd smack to my kids when they were younger. Never needed to once they were about 7 or 8. My husband and I agreed that he wouldn’t as he might hurt them more than an intended little smack.

    There is a huge difference in a smack to discipline and a child receiving a beating however. No comparison.

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  • Doctors will make a fortune with their ADHD diagnosis

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  • I had light smacks on the back of the hand, one time with the wooden spoon (plenty of threats after that though!) and I did get a bite once (because I wouldn’t stop biting other people, never bit again). Beating children should be outlawed, but a light smack on the back of the hand is what most people I knew grew up with and seems reasonable.

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  • Blah blah blah. Don’t remember hearing about too much perfection in the good old days either TP! Move along or get out of the way!

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  • Hitlers mammy didn’t smack him and he didn’t fear the old “hitler you just wait till your father gets home!” because Mr. Hitler didn’t believe in smacking children either, and we all know how he turned out!

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  • I’m positively shaking with fear. When I grow old, what sort of citizens will be in charge of the country?

    Now I’m not going to jump completely on the bandwagon here – my parents never smacked me, or at least that I can remember. I don’t think that I’ve turned out a worse person, for a lack of physical discipline. But parents do have an important role, and they have to be allowed to carry it out. If they aren’t able to do it, then those children will have to be taken care of by the state (juvenile delinquent centers), and the cost will fall on the taxpayer.

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  • It never did me any harm, and if it corrects the child, then so be it. Your experience professionally or otherwise, is your business. But don’t tar people from your high horse that they they are psyco because they slap their children.

    You know only of what your told. Don’t assume the rest.

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    • Réada:
      I’m sorry if it sounded like I blamed divorced/separated parents for spoiling their children. Not at all. I did include family situation in a list of usual roots of misbehaviour, because unfortunately it can lead to it. My main point is that lack of physical punishment is not a part of that list.

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    • Clara. I am the mother of a blended family so for me it was personal but I accept your response with its good intentions. My husband’s son has lived full time with us since he was 7. I love him like he is my own, but don’t think he knew it until I gave him his first smack at around 8. I’ve slapped him about 3 times I’d say only but he’s a great kid.

      I do bring my kids up to have respect for other people and explained to them that if we were in a hotel for example that the other people there didn’t come out to watch them being bold and running around. A trip like that where they had to behave themselves would be followed by a stint at the playground where they could let themselves go.

      I think talking to your kids and instilling respect in your kids is first and foremost but the odd smack should not be off limits. I repeat that there is a world of a difference between a smack from a loving parent and a beating from a out of control one.

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  • Once again, they are at it with their silly proposals. I got a few smacks when I was younger and it never did me any harm at all.

    Now can the Journal report on something important. I’m a bit tired of these silly stories too.

    *leaves Mr. Whippy on the floor and walks out*

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  • Why is this legislation being considered. Is it because,
    A / the present legislation is seen as a loophole for those minorities who have used violence. Or,
    B / Europe is maybe pressuring Ireland to make legal, “no smacking”

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  • My parents slapped my siblings and I when we put ourselves in a bad situation. They called the slaps “sharp reminders”. No harm, no foul. The five of us are relatively normal (is there such a thing?) and went on to live productive and happy lives with children that need a sharp reminder once in a while. Sometimes words aren’t enough when kids develop one-track minds.

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    • Eileen Gabbett:
      I’m going to clarify once again, so that you can’t misunderstand the meaning of what I said.

      I do not intend to make a comparison between single and two-parents families; I do not believe that a single parent (who has enough in their plate and in most cases is giving a hundred per cent to their kids) is more prone to spoil or slap or in any way lead their child to a criminal life; the list I made of typical problems in misbehaved children does not imply that all those come together (so no, in no way did I think you could be taking advantage of the system. Some people do, with or without a spouse, and that Is giving their children a bad role model, don’t you think?).

      The comment about family situations sprang to mind because I have currently four students whose parents are getting divorced and their suffering is being shown in a sudden great deal of unruly behaviour. It was included here with some misgivings, but even though we don’t like it, that’s a fact (I deal with 180 students daily in a 1000-pupils school, so I’m not talking about a limited experience). I thought we’d all be adult enough to take things for what they are, and not as a personal attack.

      A personal attack is more like comments such as “Wash your mouth out with soap……. I bet you teach religion……”, which sound a bit aggressive. Even if it’s none of anybody’s business, no, I don’t teach religion. My subject has nothing to do with morals, though, like all real teachers, I’m not there only to get through a series of academic facts.

      For the last time, the original point is that lack of physical punishment does not breed unruly children.

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    • Clara O Riordan ….
      Happy New Year :) :)

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  • If you don’t have children, your comments in here are worthless. You don’t know the stress and anxiety that parents go through.

    Having two tots that don’t understand the basic English language, they do understand the importance and severity of a hand or butt slap.

    As a parent, it’s the only form of communication a child understands.

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    • Ciaro 30/12/11 #

      I’ve never smacked my kids with my butt, doesn’t seem right ;-)

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    • I’m not going to scream that you’re a psychopath for giving your children a smack, but neither do I understand that you boast about what is nothing but a failure of your discipline system. On top of that, saying that corporal punishment is the only form of communication small children understand shows a really poor perception of reality, and before you ask, as a mother and a secondary school teacher, I do know a little about stress and anxiety (so I hope you’ll not deem my comments worthless).

      Physical punishment is the only resource of those who have been unable to establish discipline in any other way, it’s a shortcut towards solving the probem only on the surface and it’s the primal evidence that you cannot control yourself. I spend a good part of my week teaching that to students who, often enough, have parents who do slap them when they misbehave, when they answer back, when they slap their little siblings for breaking their mp3s.

      Do you really want me to tell you what goes on in the homes of my most problematic students? Parents are divorced or in the process of (surprsingly enough, no matter how civilised their parents’ separation is, children are affected by it, and their behaviour shows it); parents shout at each other; one parent is absent and the other is working all day, so the child is alone all evening/wakes up alone/lives with spoiling granny; parents do not believe in, and show it, responsibility or decency (taking advantage of the social welfare system and proud of it, life is to live it, grab as much as you can); parents smack them but then buy them an iPhone or pay for their nose stud; these among others.

      It’s not the absence of physical punishment that makes children unruly. It’s the absence of discipline, which is not the same thing, or of respect, or of love. Do you think that law would be impossible to implement? I agree. However, I still think there should be no need for that law. Parents should be honest with themselves and analyse what brings them to give their child a slap, a smack or, hopefully never, a beating.

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    • Clara. You were doing fine until you started generalising with your divorce, separation stuff. Plenty bold kids with both parents together spoiling them rotten with goodies too.

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    • Clara O Riordan
      Wash your mouth out with soap…… I bet you teach religion… That aside i agree children need discipline and that some times comes with a slap, with fairness, love and security.
      I am divorced and a mother of 4 well adjusted and sensible ‘normal’ people. They got their slaps and other forms of discipline , removing priveleges etc., but all it took was 1/ 2 times. They knew their boundaries. oh and I have never received SW in my life only children’s allowance.
      I do not like your comments …. ” Parents are divorced or in the process of (surprsingly enough, no matter how civilised their parents’ separation is, children are affected by it, and their behaviour shows it); parents shout at each other; one parent is absent and the other is working all day, so the child is alone all evening/wakes up alone/lives with spoiling granny; parents do not believe in, and show it, responsibility or decency (taking advantage of the social welfare system and proud of it, life is to live it, grab as much as you can); parents smack them but then buy them an iPhone or pay for their nose stud; these among others.” You know that there are as many if not more ”problematic” children in two parent homes .

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    • Interesting that divorce and separation should come up in the discussion of the introduction of laws on the physical punishment of children.
      The judgments of family law courts without the moderating influence of reporting has led to to some outrageous decisions regarding custody and access. I am fearful that these new laws will be used to bolster claims made before these courts that will unfairly prejudice the rights of, in most cases, fathers.
      I attach a link here to a story I came across written by no less than the feminist Nell McCafferty in the 1970’s about a case relating to a decision of a District Court.
      http://www.irishtimes.com/newspaper/opinion/2011/1217/1224309212710.html

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    • Well said Reada and Eileen Gabbett. Nothing more to be said on that score.

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    • John
      That story is 35 years old and is a shocking abuse or misuse of a court’s power. I am surprised too that divorce / separation always comes up in discussions like this too. I take your point tho , that violence towards children can only come from a man , the daddy ….( I say that tongue in cheek) as women can and often are just as violent. People have a lot to learn and nothing is cut and dried when it comes to relationships or the lack thereof.

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    • Eileen.
      Indeed the story is 35 years back and that in some respects is my point.
      Similar and more recent claims before such courts are not now reported and are not available for publication. You can rest assured that similar unfounded claims are being leveled against fathers in private family court hearings throughout the land admittedly not resulting in such a severe jail sentence though certainly resulting in much worse – separation of parent and child.

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    • John Murphy
      I know John . this is why family law should not be dealt with in courts…. and more specially trained people should be involved in divorces / separations.

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    • John, “nothing more to be said on that score”? Nah! Aways more to be said on Journal!

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    • Well…
      Just meant nothing that I could add. But feel free Reada. Let em have it!

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    • Think I’ve said enough. It’s keeping quiet I should practice not mouthing off. Going to have to unholster my hip gun I keep shooting from…

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    • So your ‘stress & anxiety’ is the rationalization to beat your children?

      I don’t think I could back hand a coworker, my wife, a service worker or even an animal and get away with saying ‘you don’t understand, I’m stressed and anxious’

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    • Andrew Telford
      As per usual you deliberately misunderstand the comment above . If you are not a parent then no you do not understand the stresses or anxiety of parents. If you have never experienced the pure joy of parenthood then you can not possibly know the absolute terror when you see your flesh and blood doing something that is mortally dangerous or badly behaved that will ( if not checked) effect them into the future. No body here has condoned beating or back handing anyone , but a slap on the hand or bum serves as a reminder to a small child that this behavior is either dangerous and or unacceptable. A small child does not understand language , only tones and a small slap shows them you are serious and their action/ behavior is unacceptable . It is true that some people do not either get slapped enough or hugged enough when young ….!

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    • I think I understood it perfectly, and read it exactly for what it says, dress it up how ever you like to give validation to your argument for beating a defenseless child… People have for centuries been coming up with pathetic excuse to inflict pain on other human beings for displays of dominance and power, you’re no different.

      It’s weak and it’s pathetic and your raising your kids to believe physical violence is a means to get what they want.

      If you want to hit someone… At least grow something resembling a spine and hit someone your own size who can defend themselves.

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    • Andrew Telford
      I am certainly not spineless and I am not easily intimidated either, I have nothing to prove to you or any one else and as it is New Years Eve I am sure you have some swilling to catch up on . . .

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    • Sorry. Still don’t get it. You can get sacked for smacking a colleague. You can get sacked if you’re in child-care or a teacher and smack a child. But it’s ok to smack the one you love most…

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  • This is madness, my father kicked the crap out of me, I look forward to kicking the crap out of my own kids…:/

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  • A little kick in the nuts usually does it

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  • It’s the humiliation a child feels when slapped is the danger, not the slap itself. That’s how I see it anyway so I think if possible parents should try other means of punishment.

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    • Like what? I have a 2 sisters who teach childcare and they would tell me about the bold corner and trying to reason with a child. this is with children that are 1 to 4 years old. Obviously they din’t hit children in their care and I wouldn’t advocate that anyway but I can’t see how being put in the bold corner is not also humiliating. Sometimes when kids so something so dangerous or stupid I see no other option other than to smack them with an open palm on the bottom. It should not be done out of frustration venting by the parent but as a sanction only reserved for the most serious of circumstances.

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    • Kids that young don’t understand when they have been bold so I think smacking them is just as useless as a bold corner. But when they get older taking away something that is important to them can work. Like their TV or Lego or even books if they were like me as a kid. Of course there are kids who can’t be punished and I wouldn’t have a clue what to do there.

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    • Yes they do understand . They know when they cry they will be picked up, they know if they do something cute and people say AW , they will do it again and they know when they do something bold . I love childrens’ intelligence , their knowledge and self awareness and their ability to be in awe of the new .

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    • Lisa they certainly do understand when they are being bold at that age. I have a crawling baby who thinks the fire and the christmas tree are both called “Ah-Ah-NO”, because that is what I say when she tries to get to them. She stays away from them both now, but at the start there was the glance at me first, then the bolt for them. Testing boundaries.

      This law suggestion is unenforcable unless they put cameras in all our homes, and hence a waste of time.

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    • And other options are not humiliating? The withholding of warmth and affection would be the most psychologically damaging. How does one legislate for that? Corporal punishment is an easy target for utopians

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  • I love jedward but could we have a generation of jedwards as a result!

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  • Ciaro 30/12/11 #

    Don’t smack your kids, smack your banker!

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  • typical old Ireland with their coporal punishment.

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  • So if it’s ok to smack a child why cant I just smack the shit of out other people who annoy me? I’m a mother of two tots and never have and never will smack them, hitting another person especially a child is not acceptable….and the comments from some people saying it didnt do harm is just wrong, for violence is wrong. My kids are well behaved as there are consequences every time they mis-behave…consistent discipline is what makes a child behave not hitting the tiny people……have to go now, my dog just knocked over the table lamp so am going to go give it a kick ; )

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    • If you can bring up your children without smacking them, then kudos to you. But if you fail to discipline them, then I will never forgive you.

      The following is addressed to everyone and no one:

      If you fail to teach your children discipline, the rest of the world gets to hear them shriek in a restaurant. If you fail to teach your children respect, the rest of the world gets to listen to their sulky snide tone in the department store. If you fail to teach your children anger management, the rest of the world has to clean the blood off of the walls.

      Your children will be running this country someday. I live in this country. So when you are in the process of breeding the next generation of emotionally stunted cons, welfare mothers and career criminals, I get to comment since that directly affects me. Quit failing and I’ll quit commenting.

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    • What consequences?

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    • Grumpy Jack…

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    • I totally agree. Violence never solved any problem. Progress is made through honest communication and teaching and explaining. That is what works in the,end. Children. Are very clever and violence breeds violence.

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    • What a load of PC nonsence .
      Good for you Susan if you believe you have the two best behaved children born to man kind . As for the rest of man kind an odd slap does not go astray when the naughty step does not work or there is imminent danger to the bad behaviour , or when good communication and a special talk does not work.
      I worked with a man who believed that no matter what the provocation slapping his child was never necessary until one day he arrived at work and I noticed a dirty big scab on his arm , I asked him what happened and he told me that his beautiful child then 5 had bitten him in temper and she took the piece ….To get her to release her grip from her teeth he had to slap her. He was I remember very upset that A) he had slapped her and B) she had been so cruel as to do that to him .They had been getting complaints from people about her behaviour but put it down to other peoples lack of understanding .
      I do not tolerate badly behaved children.
      I will say it.
      I will not have them in my home or company.
      Your child , your responsibility.

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    • Very good Jack. However I’m afraid you’re also guilty of plagiarism: http://www.violentacres.com/archives/52/frequently-asked-questions/. I think you’ll remember reading point two, at some stage in your life. Unfortunately for you, you also frequent the blog of the most quotable women in blogosphere.

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  • Paul 30/12/11 #

    I honestly don’t know how anyone could hit a child! But maybe it’s different when you have children.

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  • More proof of what a backward little island of misfits Ireland really is…

    In the following countries it is illegal to physically discipline your own children.

    Austria
    Bulgaria
    Croatia
    Costa Rica
    Cyprus
    Denmark
    Finland
    Germany
    Greece
    Hungary
    Iceland
    Israel
    Kenya
    Latvia
    Luxembourg
    Moldova
    Netherlands
    New Zealand
    Norway
    Poland
    Portugal
    Romania
    Sweden
    Spain
    Tunisia
    Ukraine
    Uruguay
    Venezuela

    I wonder how they manage to keep their children from running wild and tame their own ‘stress and anxiety’ without the ability to legally beat them

    I’d imagine it has something to do with intelligence and parenting skills.

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  • Considering the abuse Irish children suffered for decades it’s probably not surprising that Irish parents blanche at the thought of losing the right to hit their kids! I spoke to my cousins about this (they grew up in countries where slapping is banned) and they were shocked that anyone would slap a child. It just doesn’t happen unless the parent is mentally unstable, a drunk etc. So maybe it’s a British/Irish thing to think that walloping a kid is helpful??

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  • It’s not acceptable to hit an adult if they do something you dislike. It should be the same for kids. Violence is violence. Deal with it. “Corporal punishment” has always been the resort of the mediocre.

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