A. v. THE UNITED KINGDOM JUDGMENT OF 23 SEPTEMBER 1998 5 14. In criminal proceedings for the assault of a child, the burden of proof is on the prosecution to satisfy the jury, beyond a reasonable doubt, inter alia that the assault did not constitute lawful punishment. Parents or other persons in loco parentis are protected by the law if they administer punishment which is moderate and reasonable in the circumstances. The concept of “reasonableness” permits the courts to apply standards prevailing in contemporary society with regard to the physical punishment of children. Corporal punishment of a child by a teacher cannot be justified if the punishment is inhuman or degrading. In determining whether punishment is inhuman or degrading, regard is to be had to “all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects” (section 47(1)(a) and (b) of the Education (no. 2) Act 1986, as amended by section 293 of the Education Act 1993). B. Civil remedies for assault 15. Physical assault is actionable as a form of trespass to the person, giving the aggrieved party the right to recovery of damages. In civil proceedings for assault, whilst the elements of the tort are the same as those of the criminal offence, the burden of proof of establishing that punishment was reasonable is on the defendant, on the balance of probabilities. PROCEEDINGS BEFORE THE COMMISSION 16. A. applied to the Commission on 15 July 1994. He complained that the State had failed to protect him from ill-treatment by his step-father, in violation of Articles 3 and/or 8 of the Convention; that he had been denied a remedy for these complaints in violation of Article 13; and that the domestic law on assault discriminated against children, in violation of Article 14 in conjunction with Articles 3 and 8. 17. The Commission declared the application (no. 25599/94) admissible on 9 September 1996. In its report of 18 September 1997 (Article 31), it expressed the opinion that there had been a violation of Article 3 (unanimously); that it was not necessary to consider the complaint under Article 8 (sixteen votes to one); that there had been no violation of Article 13 (unanimously) and that it was not necessary to consider the