By Gabriel princewill-
The Welsh Government is loosing the plot after publishing a bill proposing to remove “reasonable punishment” as a defence.
The Welsh Assembly plan to pass it as law, in steps that will only move the society there backwards. On hearing this news from a writer who proposed to present it as a standard news story earlier today, I was so shocked by the stupidity of the proposal that I had to cover this one myself. The very idea of considering such a law shames the law makers for their exhibition of poor judgement.
Every parent has the right to smack their child as a measure of discipline to establish corrective action. The idea of removing this fundamental right shows just how easy it is for governments to make foolish laws. Violence is prohibited in any setting in the Uk, including that of parent and child, but banning smacking of children is ridiculous. Children who know their parents cannot touch them will at many stages of their development run rough shod over their parents, and constitute an unbearable nuisance.
Every rule has exceptions, and not all children need to be smacked to behave well. However, the option should not be removed by law- this is senseless!
Most recent figures available show between 2005 and 2007 there were 12 cases where the use of the defence resulted in an acquittal of a defendant or a discontinuation of proceedings against them in England and Wales.
It would mean a parent or guardian could not use the defence if accused of assault or battery against a child.The Welsh Government argue that publication of the bill on Monday builds on its commitment to children’s rights under the United Nations Convention on the Rights of the Child. The idea that smacking a child is tantamount to depriving them of their rights is as irrational as the suggestion that imprisoning a criminal deprives them of their rights.
IMPERATIVE
It is imperative for all sound minded individuals to define rights in the wider context of specific incidents, and be cognisant of the objective of punitive measures imposed to transgressors of reasonable standards. The Welsh Government say they are considering the rights of the children, but this is a huge oversight on their part in considering the rights of the parents. Rights depend on the overall goal in sight.
“We are sending a clear message that the physical punishment of children is not acceptable in Wales,” said Deputy Minister for Health and Social Services Julie Morgan.
“What may have been deemed as appropriate in the past is no longer acceptable. Our children must feel safe and be treated with dignity.”
UN CONVENTIONS
The Welsh Government said publication of the bill on Monday builds on its commitment to children’s rights under the United Nations Convention on the Rights of the Child.
Unicef UK’s executive director Mike Penrose said children have the right to be protected from all forms of harm but “unfortunately, this is still not the case”.
“We’re delighted that they (the Welsh Government) are listening to the voices of children and young people on this important issue, which will help to create a safer and fairer society for all its children and young people,” he added.
Prof Russell Viner, president of the Royal College of Paediatrics and Child Health, said it was time to change the law.
“When a parent raises a hand to a defenceless child – whether that’s a smack, slap or another physically harmful behaviour – they have lost control,” he said.
The bill is patently flawed and fails to understand the context in which rights should be applied in real life settings. The rights of a parent to smack their child should always outweigh the right of the child to object to the smacking if it is objectively deemed necessary to exert discipline on the child. The issue with smacking is whether it is proportionate to the offence committed by the child, and whether it is necessary form the parent’s point of view to achieve the aim of stamping their authority.
The Welsh Government has got it wrong on smacking, The Uk Attorney General should intervene and get the message across that this would be a ridiculous law if passed.