Children (Equal Protection from Assault) (Scotland) Act 2019
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| Act of the Scottish Parliament | |
 | |
| Long title | An Act of the Scottish Parliament to abolish the defence of reasonable chastisement; and for connected purposes. |
|---|---|
| Citation | 2019 asp 16 |
| Introduced by | John Finnie MSP |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 7 November 2019 |
| Commencement |
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Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Children (Equal Protection from Assault) (Scotland) Act 2019 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Children (Equal Protection from assault) (Scotland) Act 2019 (asp 3) is an act of the Scottish Parliament that outlaws the use of corporal punishment on children.
Before the act's passage all physical attacks on adults could be treated as assault under Scots Law, however, a person accused of assaulting a child could claim the defence of "reasonable chastisement" or "justifiable assault" when they had used physical force as a form of discipline on an individual under the age of 16. The act abolishes this defence, meaning parents and carers could face prosecution for any use of physical punishment on children.[1]
Political debate
The bill was lodged by the Scottish Green MSP John Finnie who argued that it would "send a strong message that violence is never acceptable in any setting". The bill was supported by the Scottish Greens, the Scottish National Party, the Labour Party and the Liberal Democrats.[1] Outside of politics, the act was praised by the Children and Young People's Commissioner for Scotland and various children's charities.[2]
The bill was opposed by the Conservatives with higher education spokesperson in the Scottish Parliament, Oliver Mundell arguing that “These concerns about criminalisation have been dismissed throughout the passage of this bill but the truth is no one here can guarantee how this bill will be implemented and interpreted by the police, prosecutors or our courts.”[2]