planning the path for equal protection for all children in scotland

Registered Scottish Charity No: SC016092


Planning the path to equal protection for all children in

Scotland


Current law• Existing defence of ‘justifiable assault’• No hitting on the head, shaking or using

implements


Current law doesn’t protect children from assault…

‘Me and my mum argue a lot and she can get angry at me and she slaps me, she pulls my hair ,she rips my posters up and shoves me over. I know it's my fault for not behaving but I just wish she wouldn't hurt me.’


‘She sometimes hits me and this morning kicked me and says regularly she's going to 'punch my lights out' or 'batter me' and calls me stupid. Useless. A liar. Selfish. Ungrateful and makes me cry etc I don't know if this is abuse?’


Current policy landscape in Scotland

• Children and Young People (Scotland) Act 2014

• Duty to consider the UNCRC• Making Scotland ‘the best place in the

world to grow up’• Getting It Right For Every Child• SHANARRI


http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://keithareaparentcouncils.org/139/&ei=yzYdVa-YHMKAUYGqgeAH&bvm=bv.89744112,d.d2s&psig=AFQjCNFpig-TD3MC7OUZlPrhBC6Db2WgFg&ust=1428064326579042


• Focus on early years• Justice strategy aims to: ‘keep our body of

law in step with modern society and international legal standards’


• Article 19 of the UNCRC sets out the state’s obligation to ‘take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse… while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.


When physical punishment is banned…

1. Fewer children are subjected to violent punishment

2. Children are better protected


1.Fewer children are subjected to violent punishment

• Physical punishment used significantly less in countries which have prohibited

• Where physical punishment is prohibited it is also less socially acceptable

• States with lower levels of acceptability of physical punishment of children have lower rates of deaths of children caused by “maltreatment”


2.Children are better protected

• The majority of incidents substantiated by authorities as abuse occur in a punitive context

• Physical punishment is significantly associated with physical abuse

• The legality of physical punishment undermines child protection by reinforcing the idea that some violence against children is acceptable.


What next for Scotland?

• Legislative opportunities• Social justice• Equality• Consensus

planning the path for equal protection for all children in scotland

Government & Nonprofit