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Taking that final step: The road to equal protection in Wales
1. Taking that final step:
the road to equal
protection in Wales
Sara Reid
Campaign Coordinator
’Sdim Curo Plant!/Children Are Unbeatable! Cymru
P3 S9.2 13 April 2015
BASPCAN Congress 2015
2. History of support for reform in Wales
• Welsh Government and Assembly proud of their
commitment to and record on children’s rights.
• First in UK to ban smacking in childcare settings, first to
establish a Children’s Commissioner and first to
legislate to place a duty on Welsh Ministers to have
‘due regard’ to the UNCRC.
• Two votes of the whole Assembly in support of reform
(2004 and 2011).
• Explicit and repeated commitments made.
e.g. Jane Hutt, Minister for Children “I have already stated ... the
Assembly Government’s opposition to physical
punishment and have written to the UK Government
pressing for them to legislate.” (2003)
3. Campaign milestones 2002 – 2011
• First National Assembly debate on removal of the
defence in January 2002
• Physical punishment of children included in Welsh
Government definition of domestic abuse in Sept 2002
• Welsh Government funded work of CAU Cymru 2003 -
2007
• Government fact finding visits to Sweden and Finland
(2004 & 2010)
• Commitment made in representations to UN Committee
• Priority 10 in Getting it Right Action Plan for
Children and Young people (2009)
• Debate and vote following increased powers
(2011)
4. Recent legislative opportunities
• Social Services and Well-being (Wales) Bill
Stage 3 – February 2014
• Violence Against Women, Domestic Abuse
and Sexual Violence (Wales) Bill
Stage 3 – March 2015
5. Policy advocacy and consultation
• Consultation on Bills
• Assembly Members and political parties
• Welsh Government
• Internal Welsh Labour Party consultation
• Academics for Equal Protection
• The children’s sector, joint statements and relevant
organisations
• Children and young people
• Cardiff Council Children’s Pledge
• Targeted lobbying actions
• The media and civil society
6. Academics for Equal Protection
• An informal group of senior academics working in, or based
in Wales came together in early 2014 to call for children and
adults to have equal protection from physical assault.
• Members are from a range of disciplines and institutions
and believe that the research evidence on the negative
impact of ‘smacking’ on children is strong enough to make
the case for removal of section 58 of the Children Act 2004
compelling.
• The group has responded collectively to consultations,
provided speakers for events and written letters to
newspapers calling for action.
• Founders include the new Children’s
Commissioner for Wales, Prof Sally Holland.
7. Harmful impacts of physical
punishment of children (1)
Research evidence that corporal punishment is harmful
to children, adults and societies is overwhelming. The
Global Initiative’s review of research covers more than
150 studies on the effects of corporal punishment.
These show associations between corporal punishment
and a wide range of negative outcomes, including:
• direct physical harm
• negative impacts on mental and
physical health
• poor moral internalisation
8. Harmful impacts of physical
punishment of children (2)
• increased aggression in children
• increased perpetration and
experience of violence in adults
• increased antisocial behaviour
• poor cognitive development
• damaged family relationships
9. Countering the arguments against
“a smacking ban”
• “Tens of thousands of Welsh parents will be turned into
criminals.”
• “Parents know where to draw the line between
discipline and abuse.”
• “It will be unenforceable.”
• “Social workers don’t want it.”
• “This is better acheived through education.”
• “It doesn’t belong in this Bill.”
• “We have to consult more.”
• “Smacking is necessary.”
• “There will be unintended consequences.”
10. Conclusions:
Where are we now?
• Vote on amendment to Violence Against Women
Bill: 16 for 36 against (Labour AMs whipped to vote
against, 2 rebelled).
• Plaid Cymru and Lib Dem AMs all in favour of
removal of the defence.
• Cross-party committee to consider “how not if”
change will be implemented?
• Inclusion in manifestos for 2016 Assembly election?
• Standalone Bill?
• Coalition agreements?
11. Conclusions:
lessons learned
For future progress in Wales
• Flexibility helps.
• Networks and relationships need to be
maintained and strengthened.
• Activism is important.
• Momentum mustn’t be lost.
• Take nothing for granted.
• Engagement with relevant sectors,
professionals and agencies is crucial.
12. Conclusions:
lessons learned
For application in other countries
• Establish strong networks and relationships.
• Support politicians committed to the cause.
• Develop good links with key professions,
programmes and organisations and involve them.
• Draw on international knowledge and experience.
• Work with alliance members and organisations -
this is a mainstream issue with
widespread support.
13. Diolch yn fawr
Thank you
Email: cau@childreninwales.org.uk or
dimtarocymru@gmail.com
Twitter: @CAUCymru (English language)
@SdimCuroPlant (Welsh language)