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Smacking ban set to come into force across Scotland


By Alan Beresford

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PARENTS in Scotland will no longer be able to smack their children from tomorrow.

Saturday, November 7 will see the Children (Equal Protection from Assault) Act 2019 legislation comes into force.

The controversial legislation, which has attracted fierce debate on both sides of the argument, was intridyuced by Scottish Greens MSP John Finnie and passed last year.

Speaking at the time, Mr Finnie said: "The leadership shown by MSPs will send a strong message that violence is never acceptable in any setting, and that our children deserve at least the same legal protections that adults enjoy.

"Physical punishment has no place in 21st century Scotland. The international evidence tells us that it can have serious impacts on children, and that it is not effective."

NSPCC Scotland, alongside other organisations from civic society and families across Scotland, campaigned for many years in favour of a ban on smacking.

They called for the ‘reasonable chastisement' or 'justifiable assault' justification for smacking, to be removed from Scots law.

Joanna Barrett, NSPCC Scotland policy and public affairs officer, said: “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“By making this common sense move to get rid of the outdated defence of ‘justifiable assault’, we will be joining more than 50 other countries around the world in taking measures to protect the most vulnerable members of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.”

Opinion polls at the time of the debate broadly suggested that the anti-smacking legislation was out of step with the views of the majority of Scots, with many of those opposed to the Bill arguing that the regulations existing at that time were sufficient.

However, the majority of the responses to Mr Finnie's public consultation on the matter came out in favour of the ban.

As of tomorrow (Saturday) parents could face prosecution for any use of physical punishment on their children.

Physical punishments which fall under the ban include hitting (for instance smacking, slapping and smacking with a hand or an implement), as well as kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion.

NSPCC advice on positive parenting can be found here .


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