This article originally appeared on The Herald on Wednesday
Parliament will vote on my bill to give children the same legal protections as adults. Many people I have spoken to think the Scottish Parliament already acted on the physical punishment of children, but in fact it hadn’t been proposed since 2003.
Now the time has come.
There is an urgent need for Scotland and the rest of the UK to comply with international human rights law and to prohibit all forms of physical punishment.
“Justifiable assault” is a defence currently in law in Scotland.
It means, as things stand, people can appear in court because of harm they have caused their own children and their solicitors can argue that the assault is “justified”.
This is absurd. The simple and straightforward call I will be making in the Scottish Parliament tomorrow is that that defence be removed, bringing Scotland in line with recommendations from the UN and international research about the impact of physical punishment.
Children must have the same rights as adults. Indeed, the UN’s Convention on the Rights of the Child (UNCRC), which is set to be embedded in Scots law, demands it.
The Children (Equal Protection from Assault) (Scotland) Bill, as it is formally known, is based on that simple premise, not on any discussion of parenting styles.
If MSPs back my bill, as I hope they will, Scotland will be leading the UK
on this.
Wales recently approved a similar proposal at its first stage and other nations are looking on. It was great to see our Welsh counterparts following Scotland’s lead.
It’s clear, then, that MSPs will have an opportunity to show courageous leadership tomorrow.
I have already had support from politicians of all stripes, and we just need the bravery to get it over the line.
But across Europe, Scotland will be playing catch up.
It is already the case that 53 countries protect children in this way, including the vast majority of EU member states.
We often like to present ourselves at the forefront of progressive societal change in Scotland, but I am afraid that in this instance we cannot make
that claim.
That is why this proposal is not radical. It is simply the recognition of the overwhelming scientific evidence that trauma and violence in early years can have a huge impact on physical and mental health for the rest of someone’s life.
The Royal College of Paediatrics and Child Health is clear on this.
I have been working on the proposal since shortly after the 2016 election, when I was approached by a coalition of children’s charities; Barnardo’s Scotland, Children 1st, NSPCC Scotland, and the Children and Young People’s Commissioner.
They have a common mission – protect children and uphold their rights.
I am most grateful for the continuous support the coalition has provided as I have progressed the bill through the legislative process.
It has also been very useful to hear from Jillian van Turnhout, the former Irish senator, who secured equal protection for the children of the Irish republic.
Let’s not pretend that enacting this would be the end of it, though.
Services, especially health visitors, must be supported so that they can then support families and provide clarity. Implementation will be key.
More widely, this bill provides impetus for Scotland.
Like many others, I want this nation to become the best country in the world for children to grow up in. I think it is fair to say there are still many policy areas we need to improve if we are to reach that goal.
For instance, we must ensure every family lives in a warm home; it’s essential that people earn a decent wage so they can adequately provide for their children, and appropriate social security support must be in place for those who cannot work.
For all the Scottish Government’s poverty reduction targets, the last few years have seen child poverty go up in Scotland, thanks largely to a UK welfare system the UN called “callous” and “social engineering”.
Last year Nicola Sturgeon promised to embrace the UNCRC into Scots law.
If the UNCRC is to be truly incorporated, children need to be actively involved in decisions.
They must be able to lead change, in the way our climate strikers have driven the climate emergency on to the agenda.
It means children must be free to express themselves, be free of discrimination and have a decent standard of living.
And upholding those rights means services and the Scottish Government will be compelled to take “all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children”.
As the Children’s Commissioner told MSPs, “there is no ambiguity. It is unequivocal” in relation to whether the UNCRC applies to equal protection. Passing my bill could be a springboard to so much progress.
It’s what our children deserve.
John Finnie is the Scottish Green Party MSP for the Highlands and Islands.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel