Last week I attending a briefing in Parliament from Barnardo’s, the Childrens & Young People’s Commissioner Scotland Office and Clan Child Law on the Proposed Children (Equal Protection from Assault) (Scotland) Bill. This is a Private Members Bill being brought forward by John Finnie MSP which proposes to give equal protection for children against assault by removing the justifiable assault defence from section 51 of the Criminal Justice (Scotland) Act 2003 and the defence of reasonable chastisement from common law.
The Criminal Justice (Scotland) Act 2003 allows for the defence of justifiable assault of a child, which means a person can claim that the physical punishment carried out on a child was done as a parental right. The act did outlaw specific physical punishments but left room for parents and carers or those in charge of children to plead a defence of justifiable assault. As a result, children in Scotland have less protection from physical assault than adults within the law.
The United Nations Convention on the Rights of the Child (UNCRC) is the main instrument which protects children’s rights. It has been ratified by all countries across the world, apart from the USA. Article 19 of the Convention states: ‘parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.’
The Equal Protection from Assault Bill is being backed by the SNP Scottish Government as well as Labour, the Greens and the Liberal Democrats, with the Conservatives giving their MSPs a free vote. The legislation is also supported by the Scottish Police Federation, children’s charities and the Church of Scotland, while a public consultation held last year received more than 650 responses, with almost 75 per cent in favour.
The UK is now one of only 4 EU Member States, out of 28, not to have changed the law or given a clear commitment to reform.
This Bill is not about criminalising parents or carers; it’s about giving children the same protection in the law that adults have. Given the level of cross party support the Bill is expected to pass through the Scottish Parliament and be set to take effect within a year.
