Bills/Children (Equal Protection from Assault) (Scotland

SP Bill 38

Children (Equal Protection from Assault) (Scotland) Bill

Full BillStage 3
Type: Member's
John

Scottish Green Party

# Children (Equal Protection from Assault) (Scotland) Bill Scottish law has long permitted parents and carers to use "reasonable chastisement" when disciplining children, a defence that is not available to adults in other contexts. This bill addresses the inconsistency whereby children receive less legal protection from physical assault than adults do. The legislation seeks to close a legal loophole by removing the reasonable chastisement defence entirely, meaning that any intentional physical punishment of children—such as smacking—would be treated the same way as assault on any other person. Campaigners argue this change would bring Scotland into line with international human rights standards and reflect the consensus that physical punishment is an ineffective and potentially harmful form of discipline. The bill's primary mechanism is straightforward: it would repeal the common law defence of reasonable chastisement, ensuring that the full force of assault law applies equally to children. This means parents and carers could no longer use physical punishment as a disciplinary tool without legal consequences. The bill does not criminalise accidental harm or reasonable restraint used to prevent injury or to protect property. As a Member's Bill (introduced by an individual MSP rather than the Scottish Government), its progress has depended on securing parliamentary support. The bill reflects ongoing debate about children's rights and effective parenting practices in Scotland.

AI-generated summary

Parliamentary Progress

Introduced

6 September 2018

Stage 1

28 May 2019

Stage 2

20 June 2019

Stage 3

3 October 2019

Debate

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