Children need to be protected
Last week, the SNP Government at Holyrood announced that it will back a Bill which is being brought forward by the Green MSP John Finnie.
The announcement means that there is now certainly a parliamentary majority that will enable a change in the law to give children protection from physical punishment.
I’m glad that the SNP will back Mr Finnie’s proposals – and I’m proud that Scottish Labour is supporting the campaign for equal protection.
Over the past few months, I’ve met with representatives from the children’s sector, I’ve read the evidence report which has been produced by experts and I’ve listened to the experience of politicians from countries who have already made this change to their statute books, specifically Senator Jill Van Turnhout from the Republic of Ireland who championed this issue in the Irish Parliament and secured the legal change there.
Everything that I’ve experienced and read about equal protection or ‘anti- smacking’ has only confirmed my conviction that changing the law is the right thing to do.
This change has already been implemented by around 50 countries around the world and the UK is now only a handful of EU countries who are lagging behind on this matter.
However, since the announcement from the SNP last week, there has – perhaps unsurprisingly – been a considerable amount of concern from some publications and commentators that this move threatens to criminalise parents.
Equal protection is not about prosecuting or criminalising anyone and I certainly don’t want it to. It is simply about giving children the same protections from physical assault as adults.
In Scotland, Section 51 of the 2003 Criminal Justice Act allows for the ‘justifiable assault’ of a child.
It is the only place in law, written in black and white in statute, which gives legal justification for the physical assault against a certain class of people – in this case, those under the age of 16.
And when you take a moment to think about that fact, doesn’t it seem strange that our law only justifies, literally, the physical punishment of the youngest, most vulnerable people in society – simply on account of their age?
There is no doubt that being a parent can be the most rewarding, and also the most difficult, experience there is. Most parents who smack their children now and again are not monsters – far from it.
They are human beings who might have lashed out in a moment of pressure, and afterwards probably feel remorseful for their actions.
Changing the law is not about saying parents who have ever hit their children are bad people or that they should be criminalised. However, I don’t believe that it’s appropriate that our legislation should leave any room for ‘grey areas’ when it comes to the wellbeing of children. This change is about improving the legal rights for children, in line with our international commitments.
Much like the smoking ban, this change in the law is about a statement of intent – it is about society, collectively, expressing the view that there are better ways to deal with difficult behaviour than having to resort to physical violence.
The hope of campaigners is that this change will lead to a self-policing effect, as has already happened in Ireland.
Most politicians will state that they want Scotland to be the best place in the world for children to grow up. I share that ambition and backing up the rhetoric with action and supporting equal protection for our youngest citizens is an important step towards achieving it.
So I’m proud that Scotland will soon join the growing list of nations across the world who are committed to raising the next generation of children free from violence – because it is the right thing to do.
Most parents who smack their children now and again are not monsters – far from it...