Dear Editor,
The Welsh Government has recently launched a consultation to gather the public’s views before it decides whether to remove from law the defence of ‘reasonable punishment’ in cases of assault against children. The debate around this issue has traditionally been characterised as politicians wishing to impose a ‘smacking ban’ on parents. But for the NSPCC the issue is very clearly about achieving equal protection for children under the law.
Currently, an adult facing prosecution for striking a child in their care has available a common law defence that the assault was reasonable punishment of the child. This defence is not available in cases of assault against an adult and it means that one group in society – children – has less legal protection than others.
For the NSPCC, putting right this inconsistency is about fairness, equality, consistency and common sense. We have long campaigned for this change which we hope will bring Wales in line with more than 50 countries around the world. It is wrong that a defence which does not exist in a case of common assault against an adult can be used to justify striking a child and it is wrong that children are the only people who it is acceptable to hit in certain circumstances.
The vast majority of parents do not want to use physical punishment on their children and the NSPCC is here to help parents who want to develop different ways of dealing with difficult behaviour from their children. Our Take 5 campaign provides parents with tips and guidance on how to deal with challenging situations positively.
The Welsh Governments proposals represent a huge opportunity for Wales to join dozens of countries around the world in ensuring the law provides equal protection for both its children and its adults. Please share your views and help make a positive change. For more information about the consultation see: https://consultations.gov.wales/consultations/legislative-proposal-remove-defence-reasonable-punishment
Yours faithfully, Des Mannion. Head of NSPCC Cymru/Wales
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