New Clause 1 - Children subject to asbo proceedings: reporting restrictions
Police and Justice Bill
3:15 pm
Martin Horwood (Shadow Minister (Environment), Environment, Food & Rural Affairs; Cheltenham, Liberal Democrat)
I think that authorities need to retain the flexibility to respond appropriately to individual cases. Personally, I am more an enthusiast for supportive and more positive approaches, than for punishment as a first option. However, I understand the hon. Gentleman’s enthusiasm for punishment.
Article 19 of the UN convention states:
“Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation ... while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”.
Again, there is the risk that by naming and shaming children in that way, we are putting them at risk of, for instance, reprisals from other families or children in the community. Those are serious matters that should give us pause for thought.
Finally, Article 40 states:
“Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”