By Orla O’Hagan, Senior Policy and Public Affairs Officer, NSPCC Northern Ireland
This has been a momentous time for the rights of children living in the UK. That is, for those living in Scotland. A vote taken by the Scottish Parliament on October 3 decided that children will soon be protected by law from assault the same way that adults are.
And last month, a first hurdle vote in the Welsh Assembly gave hope that Wales will be close to follow.
But for children in Northern Ireland and England, there are no such plans in motion. Northern Ireland now must follow the example of Scotland to ensure local children can receive the same legal protection from violence as adults.
UK law understandably protects all adults from being pushed, shoved, smacked or hit in any way by another adult, but that is not the case for babies, toddlers and children. This is because parents and carers can use a defence of ‘justifiable assault’ or ‘reasonable punishment’ if they are accused of assaulting their child.
Sweden made this change back in 1979 and a further 53 other countries around the world, including the Republic of Ireland, Germany and New Zealand have subsequently introduced similar measures to protect children equally.
Members of the Scottish Parliament have given their final approval to a bill that will remove this defence from law and end legally-sanctioned assault of children in Scotland.
And, just two weeks ago, the Welsh Assembly voted to back the principle of ending “reasonable punishment” as a defence for assaulting children. It seems baffling that children living in Northern Ireland and England cannot expect the same level of protection.
This upcoming change in law will have no impact on the way that police investigate cases of adults accused of assaulting a child.
However, anyone charged with this crime in Scotland will no longer be able to defend themselves by claiming they were carrying out ‘justifiable assault’.
Assaulting a child can lead to lasting consequences and growing evidence shows that physical punishment increases aggression, anti-social behaviour and depression and anxiety in children, which may continue into their adult lives.
At NSPCC Northern Ireland, we understand the stresses and strains of being a good parent. We support the importance of helping children understand the difference between right and wrong. There is now a wealth of advice promoting positive parenting techniques and on setting clear and consistent boundaries in a caring and responsible way. And support is out there to help parents manage stressful situations.
NSPCC Northern Ireland along with the Commissioner for Children and Young People and Northern Ireland Human Rights Commission have led calls for an end to the physical punishment of children.
Violence, or the threat of violence, has no place in a family, especially when it’s inflicted on the most vulnerable members – children.
I am delighted by the progress made on this issue in Scotland and Wales and am proud of the NSPCC’s role in pushing these changes forward.
Assaulting a child for the purpose of punishment should never be allowed. A change in the law is now imminent in Scotland and is expected in Wales. Children in Northern Ireland deserve the same protection, and it’s important that parents are supported to make this happen.
While we still might not have a functioning assembly here, it is imperative that work can still continue behind the scenes by all parties to put children at the top of the agenda.
It is time that Northern Ireland follows the direction of Scotland to ensure local children receive the same legal protection from violence as adults.
Adults who want advice on positive parenting or have any concerns about a child can call the NSPCC’s Helpline on 0808 800 5000.