Although there is a long line of ECHR case-law related to corporal punishment, the European Court of
Human Rights has not, to date, ruled that the Convention requires an outright prohibition of corporal
punishment. On the contrary, case-law to date has found that corporal punishment that falls short of the
minimum threshold of severity associated with the right to freedom from inhuman and degrading treatment
under art.3 does not violate the ECHR. This position is increasingly out of line with developments both
in international law and in the domestic law of Council of Europe Member States, both of which routinely
influence the reasoning of the Strasbourg Court. Three recent decisions have seen the Court make statements
that suggest it may soon be ready to rule that the ECHR imposes a positive obligation to prohibit all
corporal punishment; this article will explore those decisions and place them in the context of previous
case-law and wider developments.