MSPs are to be asked to change the law which makes children the only people in Scotland not fully protected by laws against assault.
Green MSP for the Highland sand Islands John Finnie, is to table a members bill at the Scottish Parliament calling for the removal of the “justifiable assault” defence from the criminal justice act. This allows parents to use physical punishment to reprimand a child.
Those backing a change in the law include the Liberal Democrats, Scotland’s Commissioner for Children and Young People Tam Baillie, and the General Assembly of the Church of Scotland.
However, the bid to ban smacking is likely to be fiercely resisted by some religious organisations and family groups and the Scottish Conservatives said it would criminalise parents.
The law as it stands appears to contravene the rights of Scots children, under the UN Convention on the Rights of the Child. Under section 51 of the Criminal Justice (Scotland 2003) parents can use the defence of justifiable offence if they carry out physical punishment in exercise of a parental right. Campaigners say removing that defence would simply afford children the same protection already enjoyed by adults.
The Scottish Government has in the past refused to change the law while claiming to oppose smacking. “We do not support physical punishment and we do not consider it effective. We do not, however, support a ban as we do not think that would be appropriate and effective,” a spokesman said.
Lib Dem MSP Liam McArthur said; “The Scottish Government missed a trick on this .. While I don’t underestimate the challenges, in other countries and jurisdictions it has been made to work.
Conservative chief whip John Lamont said: “Parents should have the right to use reasonable chastisement when it comes to disciplining their children”.
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