Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill
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Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru) |
Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill |
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CADRP-335 |
CADRP-335 |
About you
Organisation: Observatory on Human Rights of Children
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
The legislation will mean that the law on assault and on violence against the person is consistent with the rights guaranteed to children by the CRC. In particular, (but not limited to):
• CRC, article 19: which (in summary) requires governments to take all appropriate legislative, administrative, social and educational measures to protect a child from violence carried out by a parent/carer. This covers all forms of violence, physical and mental.
• CRC, article 37: which (in summary and amongst other things) requires governments to take action to protect children from degrading treatment or punishment.
Neither of these rights guaranteed to children is qualified in any way: they are absolute rights. The UN Committee on the Convention on the Rights of the Child has made it abundantly clear on numerous occasions that physical punishment of a child of any sort, and irrespective of who inflicts the punishment, is a breach of art.19 and art.37 of the CRC (UN Committee, General Comment No.8, On the Right of the Child to Protection from Corporal Punishment, 2006).
The UK is in breach of its obligations to children under the CRC by not taking action to remove the defence of reasonable punishment in respect of common assault committed by a parent/carer against a child. This is confirmed by Concluding Observation published by the Committee on the Rights of the Child following examination of the UK State party (2002, 2008 and 2016), which has recommended the UK abolish the defence. This recommendation is echoed by the Universal Periodic Review Working Group (23 May 2017).
Common assault is an act of violence, and although it is the lowest level of criminal assault, it is nonetheless sufficiently serious to be made a criminal offence when committed against an adult. The proposal put forward by the Welsh Government will ensure that Welsh law is consistent with the UK’s international human rights obligations, and will provide children with equal protection against criminal assault as that presently enjoyed by adults in Wales.
Recognising a child’s rights to protection from assault – something accorded without question to adults - acknowledges their status in society as holders of human rights and is consistent with the ‘due regard’ duty in the rights of Children and Young Persons (Wales) Measure 2011.
We have had the opportunity to consider evidence relating to physical punishment against children. We feel the evidence demonstrates, amongst other things:
• Even a low level assault permitted against a child carries with it the risk that this will cause considerable harm to the child, or that it will lead to escalation to more serious forms of assault.
• The current law is a halfway house between permitting violence against children, and attempting to prevent violence against children. It is unclear and is particularly difficult for professionals working in difficult circumstances where children may be exposed to some degree of violence to assess this is lawful or unlawful. This may lead to delay in intervention where intervention is necessary, putting children at risk.
(we would be grateful if you could keep your answer to around 1000 words)
Yes. The UK government and Welsh Government is currently in breach of its human rights obligations to children (the Welsh Government because of the position maintained by UK wide legislation). Welsh governance institutions have the competence to change this and should do so without delay.
The option of education to achieve a similar result is inappropriate for several reasons:
• It fails to acknowledge that children have rights now, not at some point in the future when their parent or carer is sufficiently educated to understand that it is wrong to inflict violence on a child.
• It is hypocritical to suggest to members of the public that while the law permits the physical punishment of children, it is still unacceptable to carry out what is a lawful act.
• The law sends a strong signal about what is, and what is not acceptable in society and should be used to promote a message that it is unacceptable to use violence as a form of punishment of children is wrong.
(we would be grateful if you could keep your answer to around 1000 words)
We cannot see barriers to implementing the legislation. The Bill’s Explanatory Memorandum makes it quite clear that the Welsh Government is well prepared to implement the legislation and has considered relevant issues.
(we would be grateful if you could keep your answer to around 1000 words)
See above 2.1.
(we would be grateful if you could keep your answer to around 1000 words)
The purpose of the Bill is to address a significant known problem, one which needs to be address at the earliest opportunity. The Bill’s explanatory memorandum and Child Rights Impact Assessment confirm that the Welsh Government has considered the likely impact of the legislation. We see the need for monitoring to ensure that the legislation has the intended impact and to identify any unpredicted impacts.
(we would be grateful if you could keep your answer to around 1000 words)
The Explanatory Memorandum deals in detail with the anticipated costs of changing the law in Wales. We have nothing to add to the assessment.
(we would be grateful if you could keep your answer to around 1000 words)
No.