Children (Equal Protection from Assault) (Scotland) Bill

Author: Nicki Georghiou

PDF Published: Wednesday 20 Feb 2019 (SB 19-10)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Executive Summary
- Introduction
- Current law on assault in Scotland
- UN Convention on the Rights of the Child
  - Definition of physical punishment
- Scottish Government policy on children's rights
- Current laws in the rest of the UK and internationally
- Research on the physical punishment of children
  - What is the impact of physical punishment on children?
    
    Children's view of smacking
- Consultation on the proposed Bill
  - Views on the proposed Bill
  - Impact on equality groups
- Opinion polls on the physical punishment of children
- The Bill
  - Alternatives to the Bill
  - Costs of the Bill
Sources

Scottish Parliament. (2018, September 6). Children (Equal Protection from Assault) (Scotland) Bill. Retrieved from https://www.parliament.scot/S5_Bills/Children%20(Equal%20Protection%20from%20Assault)%20(Scotland)%20Bill/SPBill38S052018.pdf [accessed 1 February 2019]

Children (Equal Protection from Assault) (Scotland) Bill: Policy Memorandum. (2018, September 6). Retrieved from https://www.parliament.scot/S5_Bills/Children%20(Equal%20Protection%20from%20Assault)%20(Scotland)%20Bill/SPBill38PMS052018.pdf [accessed 4 February 2019]

Scottish Government. (2018, September 4). Delivering for today, investing for tomorrow: the Government's programme for Scotland 2018-2019. Retrieved from https://www.gov.scot/publications/delivering-today-investing-tomorrow-governments-programme-scotland-2018-19/ [accessed 7 February 2019]

Chalmers, J., & Leverick, F. (2017). Criminal Law of Scotland. London: W Green.

Criminal Justice (Scotland) Act 2003. (2003, March). Retrieved from https://www.legislation.gov.uk/asp/2003/7/contents [accessed 12 February 2019]

Criminal Justice (Scotland) Act 2003: Explanatory Notes. (2003, March). Retrieved from https://www.legislation.gov.uk/asp/2003/7/notes/contents [accessed 12 February 2019]

European Court of Human Rights. (1998). A v the United Kingdom. (100/1997/884/1096). Retrieved from http://www.cirp.org/library/legal/A_v_UK1998/ [accessed 12 February 2019]

Scottish Executive. (2000). The Physical Punishment of Children in Scotland: A Consultation. Retrieved from https://lx.iriss.org.uk/sites/default/files/resources/052.%20The%20Physical%20Punishment%20of%20Children%20in%20Scotland%20-%20A%20Consultation.pdf [accessed 12 February 2019]

Council of Europe. (1950). European Convention on Human Rights. Retrieved from https://www.echr.coe.int/Documents/Convention_ENG.pdf [accessed 12 February 2019]

Children and Young Persons (Scotland) Act 1937. (1937, July 1). Retrieved from https://www.legislation.gov.uk/ukpga/Edw8and1Geo6/1/37/contents [accessed 12 February 2019]

Scottish Parliament. (2018, September 6). Children (Equal Protection from Assault) (Scotland) Bill: Explanatory Notes. Retrieved from https://www.parliament.scot/S5_Bills/Children%20(Equal%20Protection%20from%20Assault)%20(Scotland)%20Bill/SPBill38ENS052018.pdf [accessed 2019 February 18]

UN Committee on the Rights of the Child. (2006). The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. Retrieved from http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsqIkirKQZLK2M58RF%2f5F0vF1b6rTFNjw4eY3W5adlOuDfZp1GdKUZ8oRYHJyiPeOS%2bcQ90I8KHM75DD7B5IlMbhIZPgDtB5J7OmNi%2boP0erF [accessed 7 February 2019]

Heilmann, A., Kelly, Y., & Watt, R.G. (2015, November). Equally Protected? A review of the evidence on the physical punishment of children. Retrieved from https://learning.nspcc.org.uk/media/1117/equally-protected.pdf [accessed 1 February 2019]

Committee on the Rights of the Child. (2016, July 16). Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland. Retrieved from http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhskHOj6VpDS%2f%2fJqg2Jxb9gncnUyUgbnuttBweOlylfyYPkBbwffitW2JurgBRuMMxZqnGgerUdpjxij3uZ0bjQBOLNTNvQ9fUIEOvA5LtW0GL

Scottish Government. (2016, March). Convention on the Rights of the Child - SG response to list of issues. Retrieved from https://www.gov.scot/publications/convention-rights-of-child-scottish-governments-response/ [accessed 11 February 2019]

Scottish Parliament. (2017, September 5). Official Report: Meeting of the Parliament 5 September 2017. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=11054 [accessed 12 February 2019]

Scottish Government. (2018, December 20). Progressing the human rights of children in Scotland: 2018-2021 action plan. Retrieved from https://www.gov.scot/publications/progressing-human-rights-children-scotland-action-plan-2018-2021/ [accessed 13 February 2019]

Scottish Government. (2017, September 5). A nation with ambition: the Government's Programme for Scotland 2017-2018. Retrieved from https://www.gov.scot/publications/nation-ambition-governments-programme-scotland-2017-18/ [accessed 12 February 2019]

Welsh Government. (2016). Taking Wales Forward: 2016-2021. Retrieved from https://beta.gov.wales/sites/default/files/publications/2017-08/taking-wales-forward.pdf [accessed 13 February 2019]

Welsh Government. (2018, January). Legislative Proposal To Remove The Defence Of Reasonable Punishment. Retrieved from https://beta.gov.wales/sites/default/files/consultations/2018-02/180109-legislation-consultation-en.pdf [accessed 13 February 2019]

Ending the physical punishment of children will protect their rights. (2018, August 8). Retrieved from https://gov.wales/newsroom/people-and-communities/2018/180806-ending-the-physical-punishment-of-children-will-protect-their-rights/?lang=en [accessed 13 February 2019]

BBC news. (2018, September 12). Fresh call for smacking to be outlawed in the home. Retrieved from https://www.bbc.co.uk/news/education-45483347 [accessed 13 February 2019]

Global Initiative to end all Corporal Punishment of Children. (n.d.) States prohibiting all corporal punishment of children, including in the home. Retrieved from https://endcorporalpunishment.org/countdown/ [accessed 15 February 2019]

Global Initiative to end all Corporal Punishment of Children. (2018, January). Corporal Punishment of children in Sweden. Retrieved from http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/Sweden.pdf [accessed 15 February 2019]

Global Initiative to end all Corporal Punishment of Children. (2017, August). Corporal Punishment of children in Ireland. Retrieved from http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/Ireland.pdf [accessed 15 February 2019]

The Independent. (2018, November 30). France passes law banning parents from smacking children. Retrieved from https://www.independent.co.uk/news/world/europe/france-smacking-ban-parents-children-corporal-punishment-a8661191.html [accessed 19 February 2019]

Global Initiative to end All Corporal Punishment of Children. (2019). Corporal punishment of children in France. Retrieved from http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/France.pdf [accessed 19 February 2019]

Global Initiative to end all Corporal Punishment of Children. (2016, July). Corporal Punishment of Children in New Zealand. Retrieved from http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/NewZealand.pdf [accessed 15 February 2019]

Anderson, S., Bradshaw, P., Cunningham-Burley, S., Hayes, F., Jamieson, L., MacGregor, A., … Wasoff, F. (2007). Growing up in Scotland: a study following the lives of Scotland's children. Retrieved from https://www.gov.scot/publications/growing-up-scotland-study-following-lives-scotlands-children/pages/0/ [accessed 18 February 2019]

Bradshaw, P., Cunningham-Burley, S., Dobbie, F., MacGregor, A., Marryat, L., Ormston, R., … Wasoff, F. (2008). Growing up in Scotland: Sweep 2 Overview Report. Retrieved from https://www2.gov.scot/Resource/Doc/212225/0056476.pdf [accessed 18 February 2019]

Hansen, K., & Joshi, H. (2008). Millennium Cohort Study Third Survey: A User’s Guide to Initial Findings. Retrieved from http://discovery.ucl.ac.uk/10005931/1/MCS_3_Descriptive_Report_Oct_2008.pdf [accessed 18 February 2019]

Hansen, K., Jones, E., Joshi, H., & Budge, D. (2010). Millennium Cohort Study Fourth Survey: A User’s Guide to Initial Findings. Retrieved from https://cls.ucl.ac.uk/wp-content/uploads/2017/07/MCS4-Users-Guide-to-Initial-Findings-2nd-Edition-15-12-10_MT.pdf [accessed 18 February 2019]

Parkes, A., Sweeting, H., & Wright, D. (2014). Growing up in Scotland: Family and school influences on children’s social and emotional well-being. Retrieved from https://www2.gov.scot/Resource/0045/00452548.pdf [accessed 18 February 2019]

Heilmann, A., Kelly, Y., & Watt, R.G. (2012). Smacking children in the UK – are there links to socio-emotional difficulties in early childhood?. Retrieved from https://www.researchgate.net/publication/272564312_Smacking_children_in_the_UK_-_are_there_links_to_socio-emotional_difficulties_in_early_childhood [accessed 18 February 2019]

Gershoff, E.T. (2008). Report on the Physical Punishment in the United States: What research tells us about its effects on children. Retrieved from http://www.nospank.net/gershoff.pdf [accessed 18 February 2019]

National Children's Bureau and Save the Children UK. (2004). It hurts you inside: young children talk about smacking. Retrieved from http://www.crae.org.uk/media/26377/it-hurts-inside-summary-report.pdf [accessed 18 February 2019]

Save the Children UK. (2006). Listen up! Children talk about smacking. Retrieved from https://resourcecentre.savethechildren.net/library/listen-children-talk-about-smacking [accessed 18 February 2019]

Finnie, J. (2017, May 12). A proposal for a Bill to give children equal protection from assault by prohibiting the physical punishment of children by parents and others caring for or in charge of children. Retrieved from https://www.parliament.scot/S5MembersBills/John_Finnie_Final_Consultation_Document_pdf.pdf [accessed 6 February 2019]

Finnie, J. (2017, October). Proposed Children (Equal Protection from Assault) (Scotland) Bill: Summary of Consultation Responses. Retrieved from http://www.scottish.parliament.uk/S5MembersBills/Consultation_summary_physical_punishment.pdf [accessed 14 February 2019]

Waiton, D.S. (n.d.) Children (Equal Protection from Assault) (Scotland) Bill: Consultation response. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0100-publication.pdf [accessed 19 February 2019]

Sutherland, E. (2017). Response to Children (Equal Protection from Assault) (Scotland) Bill. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0287-publication.pdf [accessed 14 February 2019]

Centre for Excellence for looked after children and Centre for Youth and Criminal Justice. (2017). Children (Equal Protection from Assault) (Scotland) Bill: Consultation response. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0651-publication.pdf [accessed 18 February 2019]

Equality and Human Rights Commission. (2017). Children (Equal Protection from Assault) (Scotland) Bill: Consultation response. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0403-publication.pdf [accessed 18 February 2019]

Coalition for Racial Equality and Rights. (2017). Children (Equal Protection from Assault) (Scotland) Bill. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0647-publication.pdf [accessed 18 February 2019]

PAMIS. (2017). Children (Equal Protection from Assault) (Scotland) Bill: Consultation response. Retrieved from https://johnfinniemsp.files.wordpress.com/2017/05/response-0378-publication.pdf [accessed 18 February 2019]

Scottish Parliament. (2018). Children (Equal Protection from Assault) (Scotland) Bill: Equalities Impact Assessment. Retrieved from https://www.parliament.scot/S5_Equal_Opps/Inquiries/EqualProtectionFullEQIA.pdf [accessed 19 February 2019]

YouGov. (2017). Should smacking be banned?. Retrieved from https://yougov.co.uk/opi/surveys/results#/survey/dbc963d7-6b9f-11e7-bc0d-e7924d4c4383/question/f59d545f-6b9f-11e7-82b4-37e5bc96ed54/region [accessed 18 February 2019]

The Scotsman. (2018). Poll: Only 30% of Scots back smacking ban. Retrieved from https://www.scotsman.com/news/poll-only-30-of-scots-back-smacking-ban-1-4814839 [accessed 18 February 2019]

ComRes. (2017, October). Be Reasonable: Survey of Scottish Adults. Retrieved from https://www.comresglobal.com/wp-content/uploads/2017/10/Be-Reasonable_Scotland-Survey_-Data-Set.pdf [accessed 19 February 2019]

Last Updated: 25/4 2:20am

An error occured while loading, please try again in a few minutes.