The Scottish Parliament could soon be one of many governments to pass legislation to make it a criminal act to smack a child as a means of punishment. Previous countries to have passed the legislation include Spain, Norway and Portugal. However, if successful Scotland would be the first in the UK to outlaw it. The idea has been mooted for many years now but formal discussions will now take place before parliament following a bill lodged by Green MSP John Finnie which has received government backing. While on the face of it a step in the right direction, there are many with concerns.
Currently parents can punish a child by smacking them and use the defence of ‘reasonable chastisement’ if questioned. The law does however prevent shaking, striking a child on the head or using an implement.
With new laws, comes increased scrutiny according to those against the change in law. Opponents of the change in law fear that good parents who are disciplining their children will be unnecessarily criminalised and that the state is going too far in intervening. They also highlight the phrase, ”It never done me any harm”. This is often a phrase bounded about in cases of major legislative change. However, as we have seen before this phrase holds little weight and where change is coming it’s more a matter of when than if.
One of the main concerns by those against the change in the law is that it will stretch already stretched social work departments further. Critics argue that without increased budgets and resources for social work departments they will not be able to cope with the increased reports of violence against children. They say that serious cases of neglect could fall through the cracks while good parents are put under scrutiny.
In introducing the bill Mr Finnie highlighted that adults were protected from assault and that children should also be afforded this right. Indeed, this is true. The law on assault in Scotland protects an adult when they are hit by another adult. They can face the charge of assault and find themselves having to answer this in court. Children have no such luxury with only the most serious cases of physical punishment being banned from the defence of reasonable chastisement. However, these minor cases phycologists and children’s charities highlight can have a severe traumatic impact on children and unlike adults not all children can speak up when this happens to them.
The bill is expected to be voted on before the end of the current parliamentary session and if passed could be law soon after. How the nation and authorities will react to such a change will have to be seen.
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