Ireland has been found in breach of the European Social Charter, over laws governing the smacking of children.

In a decision published today, the Council of Europe's European Committee of Social Rights found the corporal punishment of children "is not prohibited in a sufficiently clear, binding and precise manner under Irish legislation or case-law."

The committee also points out that it has repeatedly found that the situation was not in line with the charter.

"Violence against children, including corporal punishment, is a major abuse of their human rights, and equal protection under the law must be guaranteed to them," it says.

"The Council of Europe has been working to see corporal punishment of children outlawed in each of its 47 member countries, and positive parenting programmes set up by governments to encourage parents to make the family violence-free," it adds.

As it stands, parents can defend the use of physical chastisement against their children in court.

The Justice Minister Frances Fitzgerald says Ireland will comply with the ruling.

But she does not believe we are behind the rest of Europe in protecting children - and that we already have 'robust' laws in place.

A survey commissioned by ISPCC and the Children's Rights Alliance showed that two-thirds of adults already believe that there is a ban in place.

CEO of the ISPCC Grainia Long says smacking children is ineffective and should be outlawed.

She told Newstalk Breakfast earlier she hopes this ruling gives the government clarity on the issue.