A Criminal Lawyer's Response to Chastisement in the European Court of Human Rights

I argued that in order to avoid a further finding of state violation of Article 3 ECHR, judges must decide as a question of law whether any abuse suffered by a child meets the threshold of Article 3 and they should withdraw any defence of chastisement from the jury if this is thought to be the case. I examined further the rationale of the defence of chastisement and proposed further limits for those cases which should still go to the jury.