A new law giving children equal protection from assault comes into force in Scotland on Saturday.
Children in Scotland will have the same protection from assault as adults when the Children (Equal Protection from Assault) Act 2019 legislation comes in to force on Saturday (7 November 2020).
NSPCC Scotland, alongside other organisations from civic society and families across Scotland, campaigned for many years to make this happen. They called for an archaic defence, which allowed adults charged with assaulting a child to claim ‘reasonable chastisement’ or ‘justifiable assault’, 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“By making this common sense move to get rid of the outdated defence of ‘justifiable assault’, we will be joining more than 50 other countries around the world in taking measures to protect the most vulnerable members of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.”
The Children (Equal Protection from Assault) (Scotland) Act 2019 removes the outdated defence of “reasonable chastisement” from the physical assault of children, giving them the same legal protections everyone else already has.
The legislation, brought forward by John Finnie MSP and supported by Scottish Ministers, was passed by the Scottish Parliament in October 2019.
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“This outdated defence has no place in a modern Scotland.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.”
Equal Protection from Assault (Scotland) Act
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