SCOTLAND'S smacking ban will ensure children "have the same protection from assault as adults", ministers have stressed ahead of it coming into force from tomorrow.
The Children (Equal Protection from Assault) (Scotland) Act 2019 removes the defence of “reasonable chastisement” from the physical assault of children, giving them the same legal protections as everyone else.
The legislation, brought forward by Scottish Greens MSP John Finnie and supported by Scottish Ministers, was passed by the Scottish Parliament in October 2019.
Mr Finnie has stressed the smacking ban is the best way to help children learn that violence is not acceptable and has described the decision to ban smacking as a “momentous day for children’s rights”.
Scotland will become the 58th country to outlaw corporal punishment.
Mr Finnie argued protecting children from violence is the best way to teach that it is unacceptable.
READ MORE: Scots parents 'risk being caught unawares' by smacking ban
He also said parents and carers need advice about the implications of the law, and urged the Scottish Government to “continue to promote public awareness and understanding”.
Mr Finnie said: “I am extremely proud to have taken a Bill through Parliament that will have such a positive effect on the lives of Scotland’s children.
“I am also pleased that the Scottish Government is already looking to build on this work by seeking to incorporate the United Nations Convention on the Rights of the Child into Scots law.
“As I have progressed my campaign over the last four years, it has been noticeable just how many people believed that striking a child was already outlawed. I am pleased that this will now be the case.
“Physical punishment has no place in 21st-century Scotland. All the international evidence suggests using physical punishment is ineffective, and it can have serious negative impacts on children.
“I have no doubt that future generations will look back in bemusement that we allowed our most vulnerable citizens to be treated in this manner.
“As a society we teach that violence is unacceptable, and the best way to impart that message on to future generations is to ensure that they are not exposed to it.
“This legislation outlaws the last ‘acceptable’ form of violence and I believe that is a positive step for Scotland to take.”
The Scottish Government, which backed the legislation, has welcomed the "outdated" defence being removed from law.
Children’s Minister Maree Todd said: “I’m very pleased that Scotland has become the first part of the UK to legislate to ensure that children, without exception, have the same protection from assault as adults.
“This outdated defence has no place in a modern Scotland. It can never be reasonable to strike a child. The removal of this defence reaffirms that we want this country to be the best place in the world for children to grow up so that they feel loved, safe, respected and can realise their full potential.
“We have worked in partnership with organisations including children’s charities, Social Work Scotland and Police Scotland on implementation of this Act. As part of this, we will continue to promote positive parenting and build on the support we already offer to children and families.”
Joanna Barrett, NSPCC Scotland policy and public affairs officer, added: “This new law, finally gives children in Scotland their rightful protection against assault and the same safeguards as adults.
“By making this common sense move to get rid of the outdated defence of ‘justifiable assault’, we will be joining more than 50 other countries around the world in taking measures to protect the most vulnerable members of society."
“This law sets out in clear terms that physical punishment should no longer be part of childhood in Scotland and it marks a momentous step in making it a country where children’s rights are truly recognised, respected and fulfilled.”
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