Reasonable Punishment
As one of our key manifesto asks, Thirtyone:eight are calling are calling to outlaw reasonable punishment in England and reasonable chastisement in Northern Ireland.
"How we treat and protect children says something fundamental about a society – banning the reasonable chastisement defence is an important step in making sure every child’s rights are not just met but valued.”
- Dame Rachel de Souza, Children’s Commissioner for England
The Opportunity
The United Nations Convention on the Rights of the Child (UNCRC) states that children have the right to have their best interests considered and to be protected from violence, abuse, and neglect. This would include the physical punishment of children.
The Challenge
In the UK, adults are protected under law from common assault (and other forms of violence) whilst in England and Wales children are allowed to be subjected to physical punishment, amounting to common assault. Parents can invoke a specific defence, allowing them to physically harm their children. In Scotland and Wales it is illegal to use physical punishment against a child, as it is viewed as common assault in law.
Our Recommendations
England:
Remove the defence of reasonable punishment from English law to allow all children full protection from physical punishment.
Northern Ireland:
Remove the defence of reasonable chastisement from NI law to allow all children full protection from physical punishment.
Scotland:
Not applicable as Scotland has already removed the defence of reasonable punishment.
Wales:
Not applicable as Wales has already removed the defence of reasonable punishment.
