TORONTO -- Children in Scotland now have the same legal protection from assault as adults after the country enacted law outlawing corporal punishment
The new legislation removes the outdated “reasonable chastisement” defence that previously allowed parents to physically discipline their children.
Legislators say the smacking ban is the best way to teach children that violence is not acceptable.
“I’m very pleased that Scotland has become the first part of the U.K. to legislate to ensure that children, without exception, have the same protection from assault as adults,” Children’s Minister Maree Todd said in a statement.
“This outdated defence has no place in a modern Scotland.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.”
Scotland will now join 60 other states around the world who have outlawed the corporal punishment of children.
IS SPANKING LEGAL IN CANADA?
In Canada, it is a crime to assault or threaten to assault someone, no matter what his or her age is. However, the rules aren’t so cut and dry when it comes to your children.
Section 43 of the Criminal Code of Canada, known as the “Spanking” law, allows parents and caregivers to use “corrective force” or physical punishment that is minor in nature. A slap or spanking that leaves a mark or bruise wouldn't be considered reasonable.
The law states, “Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.”
In 2004, six of nine justices on the Supreme Court of Canada ruled that the “spanking” law did not violate any child's constitutional rights, however it’s application was significantly narrowed.
Under the guidelines provided by the Supreme Court, objects such as belts or rulers must never be used on a child and a child must never be hit or slapped on the face or head.
Physical punishment is also prohibited against children younger than two-years-old and cannot be used on a child who is incapable of learning from the situation because of a disability or some other factor.
The court also noted that physical punishment cannot be used on a child in anger or in retaliation for something they did.
While spanking is not considered a criminal offence in Canada, in some circumstance spanking could still be considered child abuse under provincial and territorial laws and could lead to action by child protection authorities.
Scotland’s spanking ban will officially go into effect on Nov. 7.
