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-643 |
CADRP-643 |
About you
Organisation: Equality and Human Rights Commission
— Yes
(we would be grateful if you could keep your answer to around 1000 words)
The Commission has called for the Welsh Government (and UK and Scottish Governments) to prohibit all forms of physical punishment of children including through the repeal of all legal defences, such as “reasonable punishment” and “justifiable assault”.
Relevant UN treaty bodies, including the Committee on the Rights of the Child (UNCRC), have found physical punishment to be a breach of children’s rights, and stressed that a child’s best interests must be interpreted consistently with the whole Convention, ‘including the obligation to protect children from all forms of violence and the requirement to give due weight to the child’s views; it cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity.’ In 2016, the UNCRC called on the UK and devolved governments to:
• prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, such as “reasonable chastisement”;
• ensure that corporal punishment is explicitly prohibited in all schools and educational institutions and all other institutions and forms of alternative care;
• strengthen its efforts to promote positive and non-violent forms of discipline and respect for children’s equal right to human dignity and physical integrity, with a view to eliminating the general acceptance of the use of corporal punishment in child-rearing.”
In the Commission’s recent submission to the UN Committee against Torture, we called for UK Governments to prohibit all forms of physical punishment of children in order to improve their record on preventing inhuman and degrading treatment.
The Commission welcomes the Bill’s Explanatory Memorandum’s reference to the overarching objective of the Bill being to protect children’s rights. It is important that the Bill is developed in accordance with the UN Convention on the Rights of the Child, and other human rights treaties. It is important for this to be reflected on the face of the Bill. This could be through referencing Children’s Rights within the principles.
(we would be grateful if you could keep your answer to around 1000 words)
Legal reform would accelerate the current trend towards the physical punishment of children being viewed as unacceptable in modern Britain.
As highlighted above, the UN Committee on the Rights of the Child has called the UK and devolved governments to prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, such as ‘reasonable chastisement’.
The Commission welcomes legislation towards this aim.
(we would be grateful if you could keep your answer to around 1000 words)
To overcome potential barriers to implementing the Bill, new legislation should be accompanied by:
• guidance from prosecution services to parents, prosecutors and relevant public services;
• monitoring and reporting by the police and prosecution services of the number and type of physical punishment of children incidents, prosecutions, convictions and sentences; and
• awareness campaigns and programmes to inform parents of the rights of their children and the harm caused by physical punishment; and to support parents to use positive parenting strategies.
(we would be grateful if you could keep your answer to around 1000 words)
The Explanatory Memorandum makes welcome reference to support for parents and raising awareness. It is important that due scrutiny of the Bill is given during its course through the National Assembly to ensure a Bill that is fit for purpose.
(we would be grateful if you could keep your answer to around 1000 words)
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