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Scotland’s Children’s Commissioner Calls for Smacking Ban

In one of the last moves before he finishes his work as child commissioner, Tam Baillie has called for Scotland to follow the example of other countries by banning smacking in the home, in a move he believes will make Scotland one of the best places in the world for a child to grow up in.

‘Worse than Zimbabwe’

The outgoing commissioner has called once again for a ban against smacking children to come into place.  He has cited that the UK is one of only five countries in Europe who do not offer full protection to children against physical punishment, as well as stating that children in Zimbabwe are offered better protection than children in Scotland.

However, a spokesman for the Scottish government said that they did not believe that introducing a smacking ban would be ‘appropriate of effective’.  The current laws in Scotland state that parents can claim a defence of ‘justifiable assault’ when they are punishing their child.  Section 51 of the Criminal Justice (Scotland) Act 2003, however, forbids the use of an ‘implement’ in the punishment.

The law also bans parents from shaking their child as well as from striking children on the head. 

Mr Baillie said that his biggest regret of his eight years spent as the children’s commissioner was his failure to see the law change.  He was speaking ahead of his second and final term in office was due to finish on the 17th May.

Speaking about Zimbabwe’s introduction of a ban against smacking children in the home last month, he said: ‘Zimbabwe is an oppressive regime, seen by much of the Western world as a pariah state – but even children in Zimbabwe get better protection that they do in Scotland.’  He added: ‘The Scottish government has an ambition for Scotland to be the best country in the world to bring up children.  How can we claim that as long as we maintain this tradition of physical punishment?’

He went on to say that some politicians supported the issue in private, however they were scared to be accused of interfering in family life.  He rejected claims that the introduction of the law would led to the criminalisation of parents.  Describing the situation in Ireland, he said that the introduction of laws there has led neither to parents being criminalised, nor has it led to them being unable to control their children.  He said: ‘There has been some evidence of a rise in people eek help when they are in difficulties.  There are other ways of being able to parent your child.’

It has been two years since the United Nations said that the UK should introduce laws against parent smacking children in their homes.  On the back of the UN’s recommendation, a group of academics called for a ban in Scotland, saying that they found ‘compelling’ evidence that the practice is linked to a cycle of violence that follows children into adulthood.

Contact our Specialist Family Lawyers

For Scottish family lawyers based in Glasgow and Coatbridge, and serving the whole country, contact our Family Solicitors on 0141 413 4231.

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