Proposed smacking ban gets backing of law society

The plans to bring in legislation to ban smacking children has received the backing of the Law Society of Scotland.

The organisation says current law suggest that some forms of assault on kids are acceptable - due to the defence for parents of 'justifiable assault.'

The bill has been introduced by Green MSP John Finnie.

In a submission to the Scottish Parliament consultation on the issue, the society said the proposed change would give children and adults equal legal protection from assault.

Ian Cruickshank, convener of the law society's Criminal Law Committee, said: 'There has been a change in culture over the years and physical chastisement of children is increasingly understood to be both ineffective and out of step with our understanding of children's rights.

'These proposals seek to provide clarity in the law and to clearly define the limits of acceptable behaviour which would be applicable to all, regardless of age.

'If the law is changed in line with the proposed Bill, it would set clear boundaries as to what is acceptable when it comes to the physical punishment of children.'

The organisation has also said the proposed Bill would help to bring Scotland in line with its international obligations.

Morag Driscoll, the law society's Family Law Committee convener, said: 'The international legal community is clear that corporal punishment is not in keeping with the present day understanding of human rights. Physical punishment of children is now unlawful in 52 countries around the world, including the vast majority of those in the European Union.

'Scots Law has been criticised by international organisations because, although most forms of physical force used against a child are unlawful, it has not gone so far as to make all forms of physical force against children unlawful.

'By retaining the common law defence of reasonable chastisement, the law in Scotland signals that some forms of assault against children are acceptable.'

Last month Scotland's new Commissioner for Children and Young People, Bruce Adamson, said the country's position on smacking children is 'untenable in international human rights terms'.

A Scottish Government spokesman said: 'The Scottish Government does not support physical punishment of children. We have no plans to introduce legislation in this area - however, as with all Members' Bills, we will carefully consider John Finnie's proposals.

'We continue to support positive parenting and we recognise that physical punishment can set children the wrong example and is not an effective way to teach children discipline.'

Scottish Greens justice spokesman John Finnie MSP said: 'There is clear evidence that the use of physical punishment is detrimental to children's long-term health and wellbeing.

'I'm delighted that the Law Society of Scotland has added its name to the growing list of organisations advocating that children should be given the same protection from assault currently enjoyed by the rest of society.'

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