Smacking ban to face vote next month

Friday 14 December 2018

Parents could be found guilty of a criminal offence for smacking their children under new plans to ban the physical punishment of kids in Jersey.

One month tomorrow, politicians will vote on whether a part of the law allowing parents and guardians to avoid accusations of assault for hitting children as a form of discipline should be repealed.

Police data shows that there have been 33 reported cases of "lawful chastisement" of children so far this year, and 46 cases in 2017 - but this defence would no longer exist under the new proposals, which are being brought forward by Deputy Mary Le Hegarat.

She argues that smacking paves the way for “other forms of violence and criminal behaviour in later life, including domestic violence", and can also cause mental health difficulties.

Pictured: Deputy Mary Le Hegarat is urging States Members to outlaw corporal punishment in a recent proposal to change legislation on the issue.

She also said that the criminalisation of hitting or smacking a child forms part of the States’ obligation to ‘put children first’ in the wake of the Independent Jersey Care Inquiry’s recommendations, adding: "Ending corporal punishment is key to ending violence against children and reducing violence across society more broadly. Prohibition of corporal punishment in law, combined with effective implementation, is the essential foundation for reducing its use. Children must be seen as full holders of human rights who cannot be hit and hurt in the guise of 'discipline'."

The proposal, which will be debated on 15 January, brings the issue back to the forefront over a year after the States told Express that they would review the matter.

The Children's Commissioner, Deborah McMillan, told Express that the proposal has her "full support".

Children's Minister Senator Sam Mézec equally threw his weight behind the idea, commenting: "There are plans for a number of initiatives to help make the island the best place for children to grow up. The removal of the defence of 'lawful chastisement' from Jersey law would make it illegal to administer corporal punishment in all cases, and this change is considered necessary to realise children's rights as set out in the United Nations Convention on the Rights of the Child. On this basis I will be recommending that ministers accept Deputy Le Hegarat's proposition."

Pictured: Children's Commissioner Deborah McMillan said she supported the idea, as well as Children's Minister Senator Sam Mézec.

The States did not confirm to Express whether such a review is going ahead. The Children's Commissioner's office said they had not been specifically involved in one so far, but a spokesperson this morning confirmed that Deputy Le Hegarat's proposals had the "full support" of Commissioner Deborah McMillan, as it was in line with the United Nations Convention of the Rights of the Child (UNCRC).

In a 2013 report on the UNCRC, Government of Jersey officials concluded that “it would be inappropriate to potentially criminalise responsible parents who use reasonable corporal punishment.”

However, Deputy Le Hegarat takes the opposite view, writing in her proposal that: “Corporal punishment, the use of physical force with the intention of causing a child to experience bodily pain or discomfort is the most common form of violence experienced by children worldwide.”

The St. Helier Deputy contends that “overwhelming evidence shows even so-called ‘light’ corporal punishment is associated with a variety of negative outcomes, including poorer mental health, cognitive development and educational outcomes, as well as increased aggression and antisocial behaviour.”

Pictured: The Deputy sees this change in the law as part of Jersey's obligation to 'put children first'.

Currently, “reasonable” hitting or smacking of a child as a form of punishment is allowed if it only involves “the use of a hand” and is carried out by the child’s parent, guardian, relative or another person caring for them. Those with the consent of someone with parental responsibility over them are also legally allowed to smack a child.

The news comes as Scotland makes plans to outlaw physical punishment next year, while Wales is also considering a ban.

In total, 55 countries across the world are considering a ban, with 50 countries having already introduced them.

In Europe, only Belgium, Czech Republic, France and Slovakia, and certain parts of the UK, allow smacking.