Should parents have the right to smack their children? | thearticle

I was a rather inattentive child. Throughout my formative years, my incautious behaviour would regularly drive my mother mad. I would pick things up I shouldn’t and at times engage in

reckless activities. Apparently I was once so curious about the glowing red light on the stove that I decided to put my hand on it. I was quickly whacked on the arm. The pain of that abated

much faster than the burn on my hand. Why do I bring this up? If this same scenario happened now, north of the border, my mother would face the possibility of a criminal investigation. Next

month, Scotland will become the first region in the United Kingdom to ban smacking. When The Children (Equal Protection from Assault) (Scotland) Act 2019 comes into force on November 7th,

anyone who witnesses a parent hitting their own children will be able to call 999 and report them. Some see this as a victory for children’s rights and the end of “tough love” parenting.

Andy James of the campaign group Children are Unbeatable has said: “No-one has the right to hit another person, or to punish and control them.” Other groups were equally supportive.“This is

a defining moment for Scotland,” according to Mary Glasgow of Children’s First. “Again and again, people have told us about the lifelong impact of being hit as a child… [this] vote protects

every future generation of Scotland’s children from any and all levels of physical violence.” Her comments echo the position taken by the National Society for the Prevention of Cruelty to

Children (NSPCC). The NSPCC has persistently called for a total ban on smacking, arguing that it encourages bullying and can lead to children hiding their feelings, or lying in order to

escape discipline. However, even before the passing of this new Act, legislation was in place to protect children from violence. It is already a criminal offence under Scottish law to shake

or hit a child. And under section 58 of the children Act 2004 “reasonable chastisement” allows for parents to use mild discipline — such as a light smack on the legs or hands — without the

risk of being charged with assault. But when a private member’s bill brought forward by the Green MSP John Finnie was passed, it removed the “justifiable assault” defence: akin to the

“reasonable chastisement” clause, used throughout the rest of the UK. The bill, which passed by 84 votes to 29, now gives children the same level of protection from assault as adults. But

for many parents across Scotland, it was further evidence of the state interfering in the private lives of its citizens. By investigating and potentially prosecuting a mother or father for

using a traditional method of discipline deemed acceptable for many years, the ban will effectively turn loving and caring parents into criminals. There are plenty of sensible reasons why

parental discipline should have nothing to do with the government. This new law conflates smacking with violence and current law already criminalises violence against children.  It also

distinguishes between tangible acts of violence and mild discipline. In a tolerant and liberal society parents must be trusted to bring up their children in whatever way they see fit. If

that means a mild slap across the hands or legs then so be it. I didn’t know it at the time but when I was older I realised why my mother smacked me. Parents don’t smack children to assault

them, they do it because they love you and through an innate duty of care. Children are dependent human beings, they are also naive and curious. They need guidance. It should not be a job

for the state to decide how parents raise and discipline their children.