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Why did the Scottish Law Commission think there was a need for law reform and did the 2003 Act do enough to ensure compliance with the Human Rights Act 1998 and international standards in this respect?
Physical punishment in Scotland has come under much criticism and pressure in recent years. Many feel there has been a delayed response by the UK government. This essay will consider the past and present status of Scots law in relation to physical force used by parents against their children as a means of discipline in Scotland. It does so by assessing the need for law reform through the Criminal Justice (Scotland) Act 2003 in relation to compliance with the Human Rights Act 1998 and the pressures the UN Committee on the Rights of the Child and international standards imposed respectively.
The use of 'reasonable chastisement' as a form of discipline is useless and dangerous to children. The reform of section 511 of the 2003 Act came as response from the Scottish Executive, to the growing public scrutiny of various criminal justice matters. The boundary of reasonable chastisement and excessive force is confusing to some. The need for improvement into child care
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