Children Are Unbeatable! Alliance - News

We support moves in Parliament to change the law to give children the same protection from being assaulted as adults currently enjoy. Children are smaller and more fragile, and thus have a right to equal protection.

This is a fundamental issue of equality, human rights and child protection. It should be clear that an assault on a child is as wrong and unlawful as assaulting anyone else. This would end the injustice that the current law, dating back to 1860, allows in our courts and send out the necessary message that we must all move on from hitting children in the 21st Century.

According children equal protection is often labelled as "banning smacking". It bans "smacking" of children no more and no less than adults are banned from "smacking" each other under the law on assault. But this emotive sound bite trivialises a vital reform that will improve children’s well-being, as is amply demonstrated in at least 12 European countries which have already taken this step without great controversy.

The only way to clarify and modernise the law is to give children equal protection from assault. To try to define legally acceptable ways of hitting children is dangerous and unworkable, and not least disrespectful.

We hope that Peers and MPs do the right thing.

Yours

Mike Aaronson
Roger Alton
Stephen Burke
Sir Richard Branson
Peter Clarke
Andrew Cozens
John Edmonds
Richard Eyre
Helen Fielding
Stephen Frears
Dr Carys Graham OBE
Dr Christopher Hanvey
Janet Hind
Phillip Hodson
Rob Hutchinson
Virginia Ironside
Ian Johnston
Rosemary Johnston
Mark Jones
Penelope Leach PhD
Allan Levy QC
Sarah Lindsell
Dr Alison Maddocks
Mary Marsh
Professor John Morton OBE
Dr Susie Orbach
Steve Pearce
Claire Rayner
Yvonne Roberts
Dr Dorothy Rowe
Rt Rev John Saxbee
Sir William Utting

[In their personal capacity. See notes below]

c/o Children Are Unbeatable! Alliance
94 White Lion Street
London N1 9PF

ABOUT THE SIGNATORIES

Mike Aaronson is Director General of Save the Children
Roger Alton is Editor of The Observer
Stephen Burke is Director of the Daycare Trust
Sir Richard Branson is Chairman of the Virgin Group of Companies
Peter Clarke is Children’s Commissioner for Wales
Andrew Cozens is President of the Association of Directors of Social Services
John Edmonds is the former General Secretary of the GMB Trade Union
Richard Eyre is a film and theatre director, and formerly Director of the National Theatre
Helen Fielding is the author of "Bridget Jones’ Diary"
Stephen Frears is a film director - "My Beautiful Launderette", "Dangerous Liaisons" and "Dirty Pretty Things".
Dr Carys Graham OBE is a Consultant Community Paediatrician and Designated Doctor Child Protection for the National Public Health Service in North Wales
Dr Christopher Hanvey is UK Director of Operations at Barnardo’s
Janet Hind is Child Protection Adviser for the Church of England
Phillip Hodson is a psychotherapist and broadcaster
Rob Hutchinson is Director of Social Services in Portsmouth
Virginia Ironside is a journalist and agony aunt
Ian Johnston is Director of the British Association of Social Workers
Rosemary Johnston is Children’s Advocate of the United Reformed Church
Mark Jones is Director of the Community Practitioners’ and Health Visitors’ Association
Penelope Leach PhD is a research psychologist in child development
Allan Levy QC is a child and human rights lawyer
Sarah Lindsell is Director of Caritas Social Action, Catholic Church for England & Wales
Dr Alison Maddocks is a Consultant Community Paediatrician
Mary Marsh is Director & Chief Executive of the NSPCC
Professor John Morton OBE is at the Institute of Cognitive Neuroscience at University College London and was formerly the Director of the Medical Research Council Cognitive Development Unit
Dr Susie Orbach is a psychotherapist
Steve Pearce is Mission Secretary for Children of the Methodist Church
Claire Rayner is an agony aunt
Yvonne Roberts is a writer and journalist
Dr Dorothy Rowe is a Consultant Clinical Psychologist
Rt Rev John Saxbee is the Bishop of Lincoln
Sir William Utting was the first Chief Inspector of Social Services in England

Strong support in the Lords

News posted 2004

On 20 May the House of Lords (Committee Stage) debated a New Clause to the Children Bill that would give children equal protection under the law on assault. The majority of Peers spoke in favour of the amendment and recorded their support for the Children Are Unbeatable! Alliance.

For a full report of the debate, please go to:
www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds04/text/40520-06.htm

The New Clause will be voted on at the next stage (Report Stage) of the Children Bill in the House of Lords. The Children Are Unbeatable! Alliance is pressing for a "free vote" where Peers can vote according to conscience rather than party line.

Public backs equality law change for children

News posted 2004

Seven in ten people (71 per cent) support a change in the law to give children the same protection from being hit in the family home as that currently enjoyed by adults, according to a new MORI public opinion survey for the Children Are Unbeatable! Alliance. Only ten per cent would oppose such a move.

Parents (74 per cent), young adults under 24 years old (76 per cent) and women (73 per cent) are most likely to support law reform of this kind.

In a separate question, 29 per cent of people go further and say that "children should be given more legal protection from being hit than adults".

More than half of the public agree that "it is wrong for someone to hit a child in their family" (56 per cent agree vs 31 per cent disagree). Parents are significantly more likely to support this view (63 per cent).

MORI conducted the research study with a representative sample of 2,004 adults between 26 February and 2 March this year.

At present, the law allowing "reasonable chastisement" dating back to 1860 means that children, though smaller and more fragile, have less protection from being hit than adults.

The Children Are Unbeatable! Alliance campaigns for equal protection reform and brings together more than 350 organisations including the NSPCC, Barnardo’s, Save the Children, NCH and the National Children’s Bureau.

NSPCC Director & Chief Executive Mary Marsh said:

"This shows that the general public supports sensible and fair modernisation of the law to give children equal protection. The current law giving children less protection dates back to the century before last and is clearly out of step with modern family values.

"In the 21st Century, equal protection must be every child’s right. It is vital that hitting children becomes as socially unacceptable as hitting anyone else, which means modernising the law, as at least ten other European countries have done successfully.

"Children are the weakest and most fragile in our society. The least we should do is afford them equal protection, backed up by mass public education on positive parenting and greater support for parents.

"The time is right for us all to move on and so should the law. Professionals and the public are united behind equal protection reform, and the politicians should listen and lead."

A New Clause is being tabled to the Children Bill (currently being considered by the House of Lords and later in the year by the House of Commons) to give children equal protection. The Children Are Unbeatable! Alliance is pressing for a free conscience vote on this amendment.

Ten European countries already give children equal protection: Austria (1989), Croatia (1999), Cyprus (1994), Denmark (1997), Finland (1983), Germany (2000), Iceland (2003), Latvia (1998), Norway (1987), Sweden (1979). These reforms have led to dramatic changes in attitudes and behaviour.

The pressure for law reform in the UK is now overwhelming:

Growing political support
More than 180 MPs and Peers are now signed up to the aims of the Children Are Unbeatable! Alliance. The parliamentary Joint Committee on Human Rights and the House of Commons Health Select Committee have called for the law to change, as has the National Assembly for Wales. A 2003 MORI survey for the NSPCC showed that 45 per cent of MPs support giving children equal protection (vs 35 per cent oppose, the rest undecided), with a majority of Labour MPs (55 per cent) supporting reform.
Human rights obligations
In 1998 the European Court of Human Rights ruled that UK law does not provide adequate protection for children in this respect and Council of Europe monitors are pressing Ministers to act. The European Social Rights Committee, monitoring compliance with the European Social Charter, urges abolition of all corporal punishment and the UN Committee on the Rights of the Child has twice recommended reform, most recently in October 2002.
Professional consensus
More than 350 organisations now support the Children Are Unbeatable! Alliance, including all the major children’s charities, the Association of Directors of Social Services, the National Childminding Association, the Parenting Education & Support Forum, the Royal College of Midwives, the Community Practitioners’ and Health Visitors’ Association and the British Association of Social Workers. According to the Government’s own statement, "nearly all" the professional groups that gave evidence to its consultation on the issue in 2000 favoured reform.
Wider support
A broad range of individuals and organisations now support the Children Are Unbeatable! Alliance. For example, the Catholic Church in England & Wales, the Methodist and United Reformed Churches and many other faith groups are signed up to the aims of the Alliance.

The Children Bill and "reasonable chastisement"

News posted 2004

The Children Are Unbeatable! Alliance is campaigning to scrap the 1860 legal defence of "reasonable chastisement" in order to give children the same protection from assault in the home as adults.

The Government has now published its Children Bill but it contains no proposals to give children such equal protection.

Supporters of the Alliance in Parliament plan to try to amend the Children Bill to remove "reasonable chastisement" from common law and statute.

This new clause to the Children Bill will be voted on in the House of Lords first, in the next few months, and then in the House of Commons later in the year.

The Alliance believes that MPs and Peers should have a free conscience vote.

Responding to the publication of the Children Bill, Alliance spokesperson Sir William Utting said: "So-called reasonable chastisement undermines child protection. Scrapping this archaic law is not a magic wand to end all maltreatment of children, but it would be our single most important and significant step forward.

"The Children Bill should be used to recognise children's equal right to protection from assault. In the modern family home, the law must be clear that hitting is wrong regardless of age."

Children Are Unbeatable! Alliance supporter and chair of the health select committee David Hinchliffe MP said: "As a former social worker, I know there is nothing reasonable about our current law on this issue. It gives children less protection from being hit, though they are the smallest, and is out of step with family values in the 21st Century.

"Hitting children is as unacceptable as hitting anyone else, and the law should clearly say so. This kind of law reform is working in other countries in Europe, changing attitudes and behaviour for the better."

Pressure for law reform is now overwhelming:

Human rights obligations

In 1998 the European Court of Human Rights ruled that UK law does not provide adequate protection for children in this respect and Council of Europe monitors are pressing Ministers to act. The European Social Rights Committee, overseeing compliance with the European Social Charter, urges abolition of all corporal punishment and the UN Committee on the Rights of the Child has twice recommended reform, most recently in October 2002.

Professional consensus

More than 350 organisations now support the Children Are Unbeatable! Alliance, including the NSPCC, Barnardoís, Save the Children, the Association of Directors of Social Services, the Community Practitionersí & Health Visitorsí Association, the Royal College of Midwives, the Parenting Education and Support Forum, the National Childminding Association, the British Association of Social Workers and the Methodist Church.

Growing political support

In June 2003, the parliamentary Joint Committee on Human Rights and the House of Commons Health Select Committee called for the law to change. A MORI survey for the NSPCC has shown that 45 per cent of MPs support giving children equal protection (35 per cent opposed, the rest undecided), with a majority of Labour MPs (55 per cent) supporting reform. More than 100 MPs and Peers are now signed up to the aims of the Children Are Unbeatable! Alliance.

At least ten European countries already give children equal protection from assault in the home: Austria (1989), Croatia (1999), Cyprus (1994), Denmark (1997), Finland (1983), Germany (2000), Iceland (2003), Latvia (1998), Norway (1987), Sweden (1979).

Abolition Bill presented to Parliament

News posted 2003

A "presentation bill" sponsored by CAU! supporter David Hinchliffe MP was introduced in the House of Commons on 19 November 2003 and received significant support from MPs and Peers. This symbolic move marks the start of the stepped-up campaign in Parliament.

David Hinchliffe MP said: "I am determined to ensure that politicians do the right thing and scrap so-called reasonable chastisement of children. There is nothing reasonable about this archaic and unjust law. It belongs in the dustbin of history."

The "long title" of the Bill is: "A Bill to amend the Children and Young Persons Act 1933 to remove any existing defence which justifies the corporal punishment of children and to give children the same protection as adults under the law on assault."

Download the PDF of Corporal Punishment of Children (Abolition) Bill.

Parliamentary Joint Human Rights Committee criticises Government inaction

News posted 2003

The Joint Parliamentary Committee on Human Rights has commented on the Government's disappointing response to its report, published in June 2003, which called for 'reasonable chastisement' to be scrapped. Click here to view story.

Publishing the Government's response in November 2003, the Joint Committee adds in a commentary: "It is anomalous that while the Green Paper's stated goal is to 'keep children safe', the Government does not acknowledge, in the context of the law of assault, that children should have the same right as adults to respect for their human dignity and physical integrity and to equal protection under the law. The Government struggles to support the reasonable chastisement defence, which continues to be incompatible with its obligations under the Convention on the Rights of the Child."

The full text, including the Government's response to the Joint Committee's June 2003 report, can be found at http://www.publications.parliament.uk/pa/jt200203/jtselect/jtrights/187/18702.htm

Call for Europe-wide ban on all corporal punishment

News posted 2003

Speaking in Scotland in December 2003, the Deputy Secretary General of the Council of Europe called for a Europe-wide ban on all corporal punishment of children. Giving the Kilbrandon Lecture in Glasgow, Maud de Boer-Buquicchio noted that a century or two ago, legal defences existed for husbands who beat their wives - with a rod no thicker than their thumb: "While it may be a moot point for many victims, it is nevertheless important that it is no longer legal to hit, or physically chastise or smack women. For children, sadly, it is still another matter, in several of the Council of Europe member states."

The Deputy Secretary General said: "There is no more symbolic demonstration of the low status of children in many European States than the persisting legality and prevalence of corporal punishment. I am aware that, following devolution, the Scottish Parliament is now responsible for legislation on corporal punishment in Scotland.

"However, in spite of the pioneering reputation that Scotland has concerning children's law, the provision in the Scottish Criminal Justice Act, which came into force at the end of October [2003] introducing the concept of 'justifiable assault' of children, would appear to conflict with international and European human rights standards. Prohibiting only some forms of physical violence, such as blows round the head, the use of implements and shaking as unjustifiable is an implicit acceptance of parents' rights to assault and hurt children in other ways. I believe this is wrong and should be changed."

The Deputy Secretary General concluded: "Banning all corporal punishment, which violates international law as set by the Council of Europe and the United Nations alike, is undeniably still a controversial issue in this, and some other countries. But where the human rights obligations of the State are clear cut, as in this case, it must be the task of governments to shape, not follow public opinion.

"We must move quickly to create a Europe-wide ban on all corporal punishment of children. Just as the Council of Europe has effectively eliminated the use of the death penalty across the 45 Member States, now we must move quickly to eliminate this unjust and dangerous practice of corporal punishment of children. I challenge the UK and others across Europe to stop defending - or disguising as discipline - deliberate violence against children and to accept that children, like adults, have the fundamental human right not to be assaulted."

Full text of speech at: http://www.coe.int/T/E/Com/press/News/2003/20031201_disc_sga_kilbrandon.asp

New law in force in Scotland

News posted 2003

The Scottish Executive seemed a little embarrassed by its new law which introduces the concept of "justifiable assault" of Scottish children. It was quietly brought into force on October 27 2003 with a briefing placed on the Scottish Executive website. The law (section 51 of the Criminal Justice (Scotland) Act 2003) bans use of implements to hit children, shaking and blows round the head. For details see http://www.scotland.gov.uk/library5/justice/cppl-00.asp

The briefing does at least emphasise that "smacking is not advisable as a method of disciplining children since it:
"Can be dangerous - it is easy to forget how delicate children are, particularly if you are frustrated or angry. What feels to you like a light slap can have the potential to cause real harm to a small child.
"Sets children the wrong example - rather than correcting misbehaviour, it can teach children to hit out at people who are doing things they don't like or who don't do what the child wants them to do.
"Has effects which last long after the physical pain dies away - young children will not necessarily associate the punishment with their behaviour. It can make them angry and resentful and can be damaging to their confidence and self-esteem.
"Smacking is not an effective way to teach children discipline".

Liberal Democrats vote for reform

News posted 2004

CAU!'s campaign received a major boost at the 2003 Liberal Democrat conference in Brighton. A motion (see below) calling for equal protection from assault for children, co-sponsored by CAU! supporters Baroness Walmsley and Paul Burstow MP, was passed overwhelmingly.

Paul Burstow MP said: "It is a terrible indictment of our society that, though smaller and more vulnerable, children still have less protection under the law. We are not pleading a special case for children, just equality and the freedom to grow up without violence. Hitting children is wrong and the law should say so."

At the conference, CAU! distributed more than 5,000 leaflets, briefings and stickers, as well as holding a fringe meeting and a photo-opportunity. CAU! supporters can help build on this by asking Liberal Democrat constituency parties to sign up to the Alliance.

The resolution:

"Physical punishment of children.

Conference notes that:

A large body of research has shown that physical punishment is ineffective as a form of discipline, reinforces aggressive behaviour in children and is often harmful to their healthy development.
There is strong public and professional support for protecting children and reforming the law on physical punishment of children.
The UK is under pressure from United Nations and European human rights monitoring bodies to remove the 'reasonable chastisement' defence.
Ten other European countries have already passed laws to protect children from physical punishment.

"Conference believes that:

Children, as the weakest and most vulnerable in our society, have the right to the same protection under the law on assault as any adult.
Parents have a right and responsibility to instil discipline in their children in a way which is effective but does not breach the child's human rights.
Reforming the law has an important part to play in changing attitudes and encouraging parents to use effective, non-violent methods of discipline.
Law reform should be accompanied by major investment in public information about the effects of hitting children, how to get help when child abuse is suspected and help for parents to find better methods of discipline.

"Conference therefore calls on the Government to:

Introduce legislation to remove the 'reasonable chastisement' defence and thus give children equal protection under the law on assault.
Accompany legal reform with comprehensive awareness-raising on children's right to protection and help for parents with positive forms of discipline."

Policy motion passed overwhelmingly at the Liberal Democrat conference in Brighton on Wednesday 24 September 2003.

Smacking banned throughout day care

News posted 2003

The Government has fulfilled its promise to regulate to ban smacking in all forms of day care including childminding. The Day Care and Child Minding (National Standards) (England) Regulations 2003 (SI 2003 No. 1996) came into force on 1 September 2003. You can find them at http://www.uk-legislation.hmso.gov.uk/si/si2003/20031996.htm

Regulations banning smacking in all forms of day care in Scotland and Wales came into force in 2002.

Two Parliamentary Select Committees back law reform

News posted 2003

Joint Committee on Human Rights

On 24 June 2003, the Joint Committee on Human Rights - a parliamentary committee made up of Peers and MPs, and chaired by Jean Corston MP - came out in favour of law reform, backing the October 2002 recommendation of the UN Committee on the Rights of the Child. In the report (tenth report of the Joint Committee on Human Rights on the United Nations Convention on the Rights of the Child) there is a large section entitled "Reasonable Chastisement" (section 7.94). The key extracts are:

"...110. We have examined the case for retaining the defence, but find the lack of respect it embodies for children's entitlement to be free from physical assault to be unacceptable. The case for change is reinforced by recommendations of the UN Committee on Economic, Social and Cultural Rights and the European Committee on Social Rights, and by the observations of the Council of Europe's Committee of Ministers on the steps required for the proper execution of the judgement in the case of A v UK. In determining how best to achieve full compliance with its international obligations, the Government should review the experience of other member states of the Council of Europe.

"111. We conclude that the time has come for the Government to act upon the recommendations of the UN Committee on the Rights of the Child concerning the corporal punishment of children and the incompatibility of the defence of reasonable chastisement with its obligations under the Convention. We do not accept that the decision of the Government not to repeal or replace the defence of reasonable chastisement is compatible with its obligations under the Convention on the Rights of the Child."

Information from http://www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights.cfm

Health Committee

The Health Committee in its sixth report of the 2002-2003 session on "The Victoria Climbie Inquiry Report" also recommended removal of the "reasonable chastisement" defence. Para 55 states:

"...not all other countries seem to have the same problems with child abuse as Britain does. The experience in Sweden, for example, which has long outlawed the physical punishment of children, is one in which child deaths from deliberate harm by adults are now unknown. What happened to Victoria involved the apparent escalation of discipline and punishment. Carl Manning told the Inquiry that the abuse had begun with little smacks. This raises the question of 'reasonable chastisement', and we are aware that this can be used as a defence in cases of child abuse, and often leads to the collapse of cases where real harm has taken place. Lord Laming's predecessor as Chief Inspector of Social Services (Sir William Utting) had argued that the reasonable chastisement defence should be removed in order to protect children from injury by parents or carers. Lord Laming did not address this particular issue in his Inquiry, although the implication of the recommendations and much of what he told us is that he recognises that a physical assault on a child must be treated with the same seriousness as an assault on an adult. Physical punishment of children is no longer permitted in schools, and the Government recently announced that new standards from September 2003 will outlaw childminders smacking children in their care.

"We urge the Government to use the opportunity of its forthcoming Green Paper on children at risk to remove the increasingly anomalous reasonable chastisement defence from parents and carers in order fully to protect children from injury and death."

Full report available at http://www.publications.parliament.uk/pa/cm200203/cmselect/cmhealth/570/57002.htm

Mayor of London backs Children are unbeatable!

News posted 2003

The Mayor of London's Draft Children and Young People Strategy "Towards a child-friendly London" was issued for consultation in April 2003.

The draft stategy states that (policy 3E.4, proposal 3E.10):

"All physical punishment of children breaches their fundamental rights to respect for their human dignity and physical integrity and to equal protection under the law. The UK is under pressure from international human rights treaty bodies, including the Committee on the Rights of the Child, Committee on Economic, Social and Cultural Rights and the European Social Rights Committee to remove the 'reasonable chastisement' defence. Physical punishment hurts children emotionally as well as physically and research has shown that its use may cause behavioural problems in childhood and later life. Moreover, research has shown that it is ineffective as a form of discipline and recent surveys suggest that a majority of people support law reform. Within countries which have pursued reform there is no evidence that this has led to prosecution of parents for trivial offences; rather, there is substantial evidence of the benefits of abolition. However, the law in this country still allows 'reasonable chastisement' and physical punishment remains very common.

"The UK-wide Children Are Unbeatable! Alliance of more than 350 organisations and projects, and many prominent individuals, is calling for law reform to accord children the same right of protection as adults on assault. The Mayor is proposing to add his influence to this movement by setting up a pan-London forum to lobby the Government for change. The forum will also build upon existing government policy, described in Supporting Families, to co-ordinate extensive and sustained public education and support for parents. It will focus on the benefits of using positive and non-violent discipline, and the dangers associated with shaking and hitting children."

Information from http://www.london.gov.uk/mayor/strategies/children/index.jsp#download

Government to ban smacking by childminders

News posted 2003

The Government has announced it will bring childminding into line with other forms of day care by changing the National Standards in autumn 2003 to stop childminders smacking with parents' permission. In fact it is proposing not just to change the Standards (which are guidance and criteria for inspection) but also to regulate to prohibit smacking in all forms of day care (Scotland and Wales have already taken this step). The consultation can be found at http://www.dfes.gov.uk/consultations2/13/

Scottish law changes enacted but no implementation yet

News posted 2003

Section 51 of the Criminal Justice (Scotland) Act 2003 introduces the concept of "justifiable assault" of children but states that use of implements, shaking and blows to the head cannot be justified. Courts have to consider a list of factors in deciding whether an assault is justifiable.

The section will come into force when Ministers issue an order; the Scottish Executive intends to launch a public education campaign about the implications of the law before introducing it. A Family Law Bill is likely to be introduced to the Scottish Parliament in the coming session and could provide a further opportunity for full law reform.

Information from http://www.scotlandlegislation.hmso.gov.uk/legislation/scotland/acts2003/30007--h.htm#51

Schools abolition completed UK-wide

News posted 2003

Abolition of school corporal punishment in all schools across the UK was finally completed in March 2003 when the Education and Libraries (Northern Ireland) Order 2003 was agreed, extending abolition in Northern Ireland to cover all private schools.

Victoria Climbié Inquiry: Government must remove "reasonable chastisement" defence

News posted 2002

With publication of Lord Laming's inquiry report into the Victoria Climbié tragedy, the "Children are unbeatable!" Alliance renews its call for children to be given equal protection under the law on assault, by removing the archaic "reasonable chastisement" defence.

The Alliance made a detailed submission to the Inquiry, commenting: "Future social historians will ask with astonishment why the dozens of official inquiries into battered children that preceded this one did not make such a simple and obvious proposal."

The NSPCC and other Alliance organisations, including Africans Against Child Abuse, also pressed Lord Laming to propose abolition in submissions to his inquiry. The Alliance noted that Manning, one of Victoria Climbié's killers, started his torture with disciplinary slaps. The submission cites the example of Sweden, where in the ten years following its ban on smacking (vigorously supported by government measures) not one single child died as a result of parental physical abuse. In Britain the rate is more than one a week. "Having a steady rate of children battered to death is not some sad fact of life. The Swedish expectation of no such deaths must be our aim."

"Outlawing physical punishment would, at a stroke, transform the child protection system... It has to be speculative whether Victoria Climbié herself would have been saved by such a ban, but had Victoria Climbié been sent to Sweden instead of the UK, she would have stood a hugely higher chance of being alive today. Certainly many other UK children at risk of death and serious injury would be saved."

For full text of the Children are unbeatable! submission click here.

European Social Rights Committee calls for abolition of all corporal punishment

News posted 2002

In a "general observation", the European Committee on Social Rights, which oversees implementation of the European Social Charter by Council of Europe member-states including the UK, has underlined that the Charter requires "a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere". The Committee refers to the consistent condemnation of corporal punishment by the Committee on the Rights of the Child, and also to the European Court of Human Rights judgment in the case of "A v UK". It comments: "The Committee does not find it acceptable that a society which prohibits any form of physical violence between adults would accept that adults subject children to physical violence. The Committee does not consider that there can be any educational value in corporal punishment of children that cannot be otherwise achieved."

The Committee, which examines reports from states on implementation of the European Social Charter, has asked them to inform it of progress towards full abolition. For example, in a commentary on a recent report from the UK it notes "that not all forms of corporal punishment are prohibited within the family. The Committee refers to its general observations on Article 17 in the general introduction and decides to defer its conclusion on this point pending more information from the British Government on the situation and on its intentions in this regard. It also wishes to receive information on the situation in Northern Ireland and Scotland."

For full text, go to the website of the Global Initiative, and go to Other Human Rights Instruments.

UN Committee tells UK to ban smacking

News posted 2002

The UN Committee on the Rights of the Child, in its concluding observations issued on October 4 2002 following its examination of the UK's Second Report under the Convention on the Rights of the Child, recommends that the UK should "with urgency adopt legislation throughout the State party to remove the 'reasonable chastisement' defence and prohibit all corporal punishment in the family and in any other contexts not covered by existing legislation".

The Committee also urges the UK Government to "promote positive, participatory and non-violent forms of discipline and respect for children's equal right to human dignity and physical integrity, engaging with children and parents and all those who work with and for them, and carry out public education programmes on the negative consequences of corporal punishment."

This is the full text of the Committee's comments on corporal punishment:

"The Committee welcomes the abolition of corporal punishment in all schools in England, Wales and Scotland, following its 1995 recommendations but is concerned that this abolition has not yet been extended to cover all private schools in Northern Ireland. It welcomes the adoption by the national Assembly for Wales of regulations prohibiting corporal punishment in all forms of day-care, including childminding, but is very concerned that legislation prohibiting all corporal punishment in this context is not yet in place in England, Scotland or Northern Ireland.

"In light of its previous recommendation, the Committee deeply regrets that the State party persists in retaining the defence of 'reasonable chastisement' and has taken no significant action towards prohibiting all corporal punishment of children in the family.

"The Committee is of the opinion that governmental proposals to limit rather than to remove the 'reasonable chastisement' defence do not comply with the principles and provisions of the Convention and the aforementioned recommendations, particularly since they constitute a serious violation of the dignity of the child. [see similar observations of the Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.79, para 36]. Moreover, they suggest that some forms of corporal punishment are acceptable and therefore undermine educational measures to promote positive and non-violent discipline."

Click here for the full text (PDF) of the concluding observations. For further details of the examination of the UK by the Committee, see www.crae.org.uk.

Scotland drops proposal to ban smacking of babies and toddlers

News posted 2002

Scotland's proposals to ban all corporal punishment of children up to their third birthday were dropped by Scottish Ministers on Friday September 13 2002, following publication of a report earlier the same day, opposing the proposal, from a Committee of the Scottish Parliament. The Justice 2 Committee had been scrutinising the Criminal Justice (Scotland) Bill which included this and other proposals to limit corporal punishment. Click here for more on this story.

Key UN human rights body urges UK to ban all physical punishment

News posted 2002

In a report on the UK, issued on May 17 2002, the UN Committee on Economic, Social and Cultural Rights has recommended that the physical punishment of children in families should be prohibited. This echoes the 1995 call of the UN Committee on the Rights of the Child.

In November 2001, the UK Government announced that it did not intend to change the law in England and Wales which allows parents and some other carers to hit children (the legal defence of "reasonable chastisement" which dates back to 1870). In Scotland, a Criminal Justice Bill which would ban all physical punishment of children up to their third birthday, and ban the use of implements, shaking and blows round the head for all children, was introduced to the Scottish Parliament in March 2002. Read our report.

This formal recommendation from a second UN human rights treaty body increases international pressure on the Government to give all children across the UK equal protection under the law on assault.

The Committee on Economic, Social and Cultural Rights is the United Nations human rights Treaty Body which monitors states' progress in implementing the International Covenant on Economic, Social and Cultural Rights. In recommending the ban on physical punishment in the family, the Committee refers to "the principle of the dignity of the individual that provides the foundation for international human rights law". It refers to the Committee's General Comment on "The right to education", issued in 1999, which states: "In the Committee's view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration and both Covenants: the dignity of the individual". Click here for the full text of the Committee's Concluding Observations.

The International Covenant on Economic, Social and Cultural Rights was adopted by the UN General Assembly in 1966 and came into effect in the UK in 1976. The Covenant guarantees "everyone" including children basic economic, social and cultural rights, including education rights. Article 10 requires special measures of protection for children. The UK submitted its fourth report in 2001. Government representatives were questioned by the Committee in Geneva on May 6 and 7, and the Committee issued its comments and recommendations (known as "concluding observations") on the UK's report on May 17 2002.

In 1997, following examination of the UK's third report, the Committee stated that it was "alarmed by the fact that corporal punishment continues to be practised in schools which are privately financed, and at the statement by the delegation that the Government does not intend to eliminate this practice." A year later, Parliament voted to abolish corporal punishment in all schools (in the School Standards and Framework Act 1998).

Committee on the Rights of the Child

In 1995, the Committee on the Rights of the Child, after examining the UK's first report under the UN Convention on the Rights of the Child, recommended that corporal punishment in the family should be prohibited, and criticised the existence of the defence of "reasonable chastisement":

"The Committee is disturbed about the reports it has received on the physical and sexual abuse of children. In this connection, the Committee is worried about the national legal provisions dealing with reasonable chastisement within the family. The imprecise nature of the expression of reasonable chastisement as contained in these legal provisions may pave the way for it to be interpreted in a subjective and arbitrary manner. Thus, the Committee is concerned that legislative and other measures relating to the physical integrity of children do not appear to be compatible with the provisions and principles of the Convention, including those of its articles 3, 19 and 37...

"The Committee is of the opinion that additional efforts are required to overcome the problem of violence in society. The Committee recommends that physical punishment of children in families be prohibited in the light of the provisions set out in articles 3 and 19 of the Convention. In connection with the child's right to physical integrity, as recognized by the Convention, namely in its articles 19, 28, 29 and 37, and in the light of the best interests of the child, the Committee suggests that the State party consider the possibility of undertaking additional education campaigns. Such measures would help to change societal attitudes towards the use of physical punishment in the family and foster the acceptance of the legal prohibition of the physical punishment of children."

The Committee will be examining the UK's Second Report under the Convention on the Rights of the Child in September 2002 and is certain to increase its pressure on the Government to prohibit all corporal punishment. Following a General Discussion it held in Geneva in September last year, the Committee urged all states "to enact or repeal, as a matter of urgency, their legislation in order to prohibit all forms of violence, however light, within the family and in schools, including as a form of discipline, as required by the provisions of the Convention ...".

Scotland introduces legislation to ban all smacking for under threes

News posted 2002

The Scottish Parliament has started consideration of legislative proposals to ban all smacking of children aged under 3, and to introduce for all children a total ban on use of implements, shaking and blows to the head. Smacking will also be banned in all forms of daycare including childminding.

The proposals are in clause 43 of the Criminal Justice (Scotland) Bill. For text of the Bill and explanatory memorandum, click here or go to http://www.scottish.parliament.uk/parl_bus/legis.html#50

The proposals were first announced in September and were confirmed in a White Paper, issued on December 12 2001 (see http://www.scotland.gov.uk/library3/justice/mssp-00.asp). As the first stage in the Bill's passage through the Scottish Parliament, the "Justice 2" Committee (there are two Justice Committees) will consider the Bill. It asked for comments on the "principles" of the Bill, to be sent to justice.committee@scottish.parliament.uk by April 29 2002 (see press release: http://www.scottish.parliament.uk/whats_happening/news-02/cj1and202-001.htm).

Scotland is taking a first step towards the end of smacking for children throughout the UK. The Alliance believes that the only principled reform is to remove the defence of "reasonable chastisement" altogether to give all children the same protection as adults under the law on assault. We must hope that as Members of the Scottish Parliament (MSPs) debate the proposals, they will accept that full reform is in the interests of children and parents.

The Scottish Parliament first debated the proposals on Thursday September 13 (for report see www.scottish.parliament.uk). The Scottish Strategy Group of Children are unbeatable! distributed a briefing to all Members of the Scottish Parliament (MSPs). Click here to download a PDF of the briefing (41K).

Scottish Executive consultation

The analysis of responses to the Scottish Executive’s consultation is available on the same website. Of the 220 responses received, 34 per cent "are opposed to any physical punishment and call for a total ban"; 17 per cent "support the right of parents to discipline their children as they see fit and are opposed to any change in the law"; and 43 per cent "are prepared to consider the Executive’s proposals (to limit rather than remove the defence of "reasonable chastisement"), albeit often reluctantly".

We hope all Alliance supporters will promote its aims through the media and to politicians as the debate develops. Contact us for further information: info@endcorporalpunishment.org

Wales bans smacking by childminders and in all forms of daycare

News posted 2002

In March 2002, Wales became the first part of the UK to use regulations to prohibit smacking in all forms of daycare including childminding. In England, National Day Care Standards permit childminders to smack with parents' written permission. David Blunkett MP, then Secretary of State for Education and Skills, decided to permit smacking despite very strong opposition from the National Childminding Association, all daycare organisations and the Children are unbeatable! Alliance. In other forms of daycare, criteria for inspection state that physical punishment is not to be used, but there is no legislative ban. In Scotland, the Executive has indicated that it will prohibit corporal punishment by childminders and other carers.

Devolution allows the National Assembly of Wales to create secondary legislation and following a consultation held by the Assembly in 2001, the new regulations were agreed in March 2002. The Childminding and Daycare Regulations (Wales) 2002 state (regulation 10) that no form of corporal punishment, nor the threat of it, may be used. The regulations also list other prohibited disciplinary measures. For full text of regulations, go to: http://www.wales.gov.uk/subisocialpolicycarestandards/content/nmsdocs/mindingregs-e.doc

New MORI poll finds Government out of step with public opinion on need for law reform

News posted 2002

The Government is out of step with public opinion on the need for law reform to protect children from being hit, according to new findings from the NSPCC. A majority of people (58%) in England and Wales would support law reform if they were sure that parents would not be prosecuted for 'trivial smacks'.

The NSPCC commissioned MORI Telephone Surveys Ltd to conduct research in early February 2002 with a representative sample of 914 adults in England and Wales.

Support for law reform is strongest among the post-war generations: 70 per cent of 16 - 25 year olds, 71 per cent of 25 - 34 year olds and 64 per cent of 35 - 44 year olds. Women are also more likely to support law reform (63% versus 53% men), as are white-collar clerical workers (C1's) (64%) and people living in households with two or more children (68%).

Last November, the Government claimed public support for not changing the law in England and Wales, referring to the unrepresentative sample of individuals who chose to contribute to the Department of Health consultation Protecting Children, Supporting Parents.

By contrast, the Scottish Executive's Criminal Justice White Paper, published in December 2001, proposes reforms to prohibit hitting under three year olds and to stop the use of implements, shaking and blows to the head for all children.

The NSPCC research found overwhelming support for such reforms in England and Wales:

97 per cent say parents should not be allowed to physically punish babies (up to 18 months).
78 per cent say parents should not be allowed to physically punish toddlers (under three).
96 per cent say parents should not be allowed to use implements to punish children.
98 per cent say parents should not be allowed to hit children around the head.

Click here for the NSPCC summary of findings.

Cross-party support for abolition in National Assembly for Wales

News posted 2002

The Minister for Health and Social Services in the National Assembly said she had "considerable personal sympathy" for a total ban on physical punishment at the end of a short debate on the topic "Hitting people is wrong and children are people too" on January 24 2002. Introduced by Assembly Member (AM) Christine Chapman, the debate included supportive speeches from Labour, Liberal Democrat, Plaid Cymru and Conservative AMs.

Christine Chapman expressed strong concern at the announcement by the Department of Health that it did not intend to change the law allowing "reasonable chastisement" in England and Wales. Introducing the debate, she said: "Hitting children is an attack on their human rights. It hurts children emotionally as well as physically, and has the potential to escalate and cause serious injury. Also, as a parent, I do not think that it works; it is therefore an ineffective form of discipline".

Jane Hutt, Minister for Health and Social Services said she had agreed to meet with representatives of the Children are unbeatable! campaign in Wales. "We must reconsider how we can respond to the concern in Wales". The National Assembly does not have devolved responsibility for the law relating to physical punishment.

Full report of debate - click here.

Children are unbeatable! Cymru newsletter

The first newsletter of the Wales Strategy Group of Children are unbeatable! is available in English and Welsh.

Northern Ireland Assembly debates physical punishment consultation

News posted 2002

The Northern Ireland Assembly had a lengthy debate on February 12 2002 on a resolution urging the relevant Minister to take note of the outcome of the consultation in England and Wales and the decision not to change the legislation. An amendment to the resolution, urging the Assembly to take note of developments in Scotland and internationally, was narrowly defeated by 34 votes to 30.

The consultation on law reform in Northern Ireland, carried out by the Office of Law Reform, ended on January 31; proposals are expected to be announced by the autumn.

A full report of the debate is at http://www.niassembly.gov.uk/record/020212.htm

Ministers say law on "reasonable chastisement" won't change in England and Wales

News posted 2001

In a press release (THURSDAY NOVEMBER 8 2001) the Department of Health states that the Government is proposing no change in the law relating to "reasonable chastisement" whatsoever, simply noting that now the Human Rights Act is in force, courts must take account of the judgment in the case of "A v UK". The Government says it will keep use of the "reasonable chastisement" defence "under review".

The "Children are unbeatable!" press statement (click here for full text) describes the Government inaction on "reasonable chastisement" as leaving children "unprotected and betrayed". If you want further information or briefing, contact us at info@endcorporalpunishment.org

The Department of Health Press Release is at http://tap.ccta.gov.uk/doh/intpress.nsf/page/2001-0524?OpenDocument. A 20-page analysis of the responses to the consultation held in 2000 is available in PDF format at www.doh.gov.uk/scg/pcspresponse.

The Government admits that "nearly all" the organisations which responded to its consultation opposed all physical punishment of children. It says that 70 per cent of "individual members of the public" favoured keeping the status quo. We can guess that the "individual" responses include many from unrepresentative minority fundamentalist religious groups.

The Government in its own consultation document, which came out after the Human Rights Act was passed, accepted that the law allowing "reasonable chastisement" must be changed to give children "better protection". Now they have retreated from that position. Instead of leading public opinion, the Government is lagging far behind it. Its own opinion poll, published in the consultation document, found over 90 per cent believe it should be illegal to use implements to punish children, and almost all respondents believe punishment leaving a red mark or bruising is unreasonable. 76 per cent believed it should be illegal to smack a naughty child under the age of two.

Contrast with Scotland

The Government’s inaction contrasts starkly with Scotland, which in September 2001 announced plans to ban all physical punishment of children up to their third birthday, and to ban use of implements, shaking and blows to the head for all children.

Parliamentary opinion

Many backbenchers are very concerned about the Government inaction. David Hinchliffe MP, Chair of the Health Select Committee who worked for over 20 years in child protection, has issued a strong statement: "The Government cannot go on ducking this issue. We have to send a clear message to parents that hitting children – like hitting anyone else – is wrong. We cannot have an effective child protection system while we preserve this archaic concept of ‘reasonable chastisement’. The tragic death of Victoria Climbié started with slaps and smacks which escalated into terrible abuse. We cannot hope to prevent violence against children when our law and our society continue to send the wrong messages to parents…"

Human Rights Act

The Government suggests that implementation of the Human Rights Act has changed things. But over the last year, while the Human Rights Act has been in force, UK courts have continued to acquit parents who hit and punch children causing bruising and other injuries. For example:

A stepfather was acquitted after admitting slapping his ten-year old stepson twice across the cheek, causing bruising, for stealing from his teacher. The man and his partner said they had tried various methods of punishment such as grounding, stopping pocket money, removing privileges and calling the police. The man admitted he slapped him out of frustration and with hindsight may have used too much force but pleaded not guilty on the grounds of reasonable chastisement. (Bath Chronicle, October 20 2000; Western Daily Press October 21 2000)

Father cleared of assault in a Skye court by a Sheriff who said he considered the father’s actions "wholly justifiable". The man was charged with assault after striking his 12 year-old daughter in the face, causing it to swell and making it difficult for her to move and open her jaw. The father took her to hospital where the doctor who examined her was so worried by the father’s attitude he called the police. The father is a ‘Wee Free’ kirk member. He told the court that he had "measured" the blow: "I did it for her own good. I used to play rugby. I know how to take a man’s head off. I hit her with the back of my hand. It was a small slap." (Sunday Mail, April 8 2001)

After two trials (the first ending in a hung jury, the second aborted half way through) a couple, both senior social workers, were acquitted of assault for slapping their two foster children, an eight year old girl and nine year old boy. The girl was slapped across the face by the foster mother and the boy struck at least twice across his upper thighs by the foster father; the bruises were still clearly visible a week later. The punishment had been a ‘last resort’ ‘impulsive’ response to the children’s admission that they had been playing sex games which had occasionally involved the couple’s three year old son. They were apparently copying their natural mother, a crack addict who used to have sex in front of the children. The judge urged the jury to use their "common sense" and praised the system that finally acquitted the foster parents. (Birmingham Post October 28 2000; The Times October 28 2000)

Courts have to consider "factors"

The Department of Health press release states that courts, in deciding whether punishment is "reasonable", now have to consider a list of factors. These are:

"The nature and context of the treatment; its duration; its physical and mental effects; and in some instances, the sex, age and state of health of the victim".

It should be emphasised that this is a completely empty proposal – of course courts consider these general factors. Giving courts a checklist of obvious factors won’t help protect children or give any guidance to parents. The proposal will leave parents confused about what is legal and just give more work to lawyers.

In the case of "A v UK" the English court did indeed consider all these factors (and noted that the boy was very young, an asthmatic and particularly vulnerable) and additional factors - and yet found the repeated caning to be "reasonable" chastisement.

Requiring courts to have regard to this non-prescriptive checklist of factors does nothing to fulfil the Government’s intention of "drawing a line as to what physical punishment of children is acceptable". It does nothing to protect children from assaults that breach their human rights. It does nothing to provide the practical and effective protection, including "effective deterrence", required by the European Court. It does not change the situation in which the burden of proof is on the prosecution to establish beyond reasonable doubt that the assault went beyond the limits of lawful punishment.

The Government’s inaction undoubtedly leaves the UK in breach of its human rights obligations. There is likely to be substantial litigation under the Human Rights Act and further applications to the European Court.

Support for public education

The Department of Health Press Release announces a grant of £145,000 for the National Family and Parenting Institute to help develop "positive parenting skills". The Alliance supports a comprehensive public education campaign to move parents on from smacking. The size of this grant is laughable in proportion to the task. The Government should note that the National Family and Parenting Institute itself, like the Alliance, recommended that the defence of "reasonable chastisement" should be removed completely.

Click here to read press releases from leading children's charities.

Northern Ireland issues consultation paper on law reform

News posted 2001

Launching Northern Ireland’s consultation exercise on how to change the law which allows corporal punishment on September 11 2001, Mark Durkan, Minister of Finance and Personnel, said the matter raised human rights and equality issues and was not a subject for "knee-jerk reaction or angry words".

The consultation period closed on January 31 2002. The Office of Law Reform conducted the consultation. It issued a full consultation paper: Physical punishment in the home: thinking about the issues, looking at the evidence, an executive summary and children’s and young people’s materials; all are available at http://www.olrni.gov.uk/home.htm. Copies can be obtained by phoning 02890 542900. A wide-ranging consultation engaged relevant professionals and the wider community, parents and children and equality groups. A range of consultation mechanisms were used, including written papers, internet consultation, focus groups and workshop activities for children and young people.

The options for reform listed are:

Definition and/or limitation of the defence of reasonable chastisement;
Removal of the defence of reasonable chastisement; and
The introduction of a statutory statement of parents’ and children’s rights and responsibilities, including a statement about discipline, which could be included in a statutory definition of parental responsibility.

The paper summarises criticisms of the present law:

It fails to meet human rights standards in the Human Rights Act 1998, the Convention on the Rights of the Child and other international instruments;
The law is insufficiently certain to properly protect children or to let parents know where they stand;
There is increasing evidence that physical punishment is, in various ways, bad for children, and is in any event a largely ineffective disciplinary strategy. The law is failing to take account of this evidence;
There are equality issues under section 75 of the Northern Ireland Act 1998. In particular the law does not provide children with the same level of protection or remedy as it does adults in cases of assault.

Children are unbeatable! in NI campaign headquarters are at Child Care NI, 216 Belmont Road, Belfast BT4 2AT (02890 652713) margaret@childcareni.org.uk

Allowing childminders to smack "totally unacceptable" says Select Committee

News posted 2001

The Parliamentary Select Committee on Education and Employment, in a report released in January 2001, commented on the National Day Care Standards and childminders: "We are very concerned that all quality national standards put forward for childcare should be of an equally high standard. The guidelines ban shaking as a punishment but would allow childminders to smack children with the agreement of their parents. This is totally unacceptable in our view in any setting, but particularly where the carer is often working in isolation. The National Childminding Association argued that smacking babies can never be acceptable practice in any childcare setting, and drew attention to a recent MORI poll which showed that most people believed that children under two should never be smacked by parents, let alone by a professional childcare worker like a registered childminder".

The all-party Select Committee recommended "that no childminder should be allowed to smack any child in their care" (and also that no childminder should be able to smoke in the presence of any child in their care).

Christian Schools challenge to schools ban fails

News posted 2001

A group of Christian private schools (led by Mr Philip Williamson of the Christian Fellowship School in Liverpool) lost their appeal to the European Court of Human Rights, seeking to retain corporal punishment. They had challenged the ban on corporal punishment in private schools, alleging that it interfered with their parents’ rights to choose corporal punishment on grounds of religious belief. The Court (Third Section) rejected the application unanimously without a hearing (Application no. 55211/00, Philip Williamson and Others v UK, decision on admissibility). In South Africa, an association of 196 Christian Schools had a similar appeal rejected unanimously by the South African Constitutional Court last year.