Is protection truly equal if it depends on your age?
In short: While the principle of equal protection suggests everyone deserves the same safety, legal loopholes can create stark disparities. In some jurisdictions, children are not afforded the same protections against assault as adults, leading to a profound debate over whether 'reasonable punishment' can ever be legally justified.
The concept of equal protection often serves as a cornerstone for civil rights, particularly in the United States under the Fourteenth Amendment. This legal framework distinguishes between civil liberties—protections from government overreach—and civil rights, which govern how groups are treated under existing laws. To address systemic inequalities, courts may employ 'strict scrutiny,' a rigorous standard of review used to ensure that government actions do not unfairly discriminate against specific groups. However, the practical application of equal protection can vary significantly by geography and legal statute. In the United Kingdom, a current legislative tension exists regarding the rights of children. While children in Scotland and Wales are already protected by law from assault, children in England and Northern Ireland currently lack full legal protection against certain types of physical violence. The landmark case of Brown v Board of Education served as a pivotal catalyst for the Civil Rights Movement of the 1960s. Furthermore, the Equality Act 2010 in the UK aims to harmonize discrimination laws and require ministers to consider socio-economic inequalities when making strategic decisions.
This discrepancy highlights how 'equal' protections can be fragmented across different regions. Public discussion grew more heated after a father killed his 10-year-old daughter, Sara Sharif, within Surrey, England, during 2023. Her father claimed his actions constituted 'legal punishment,' a defense that still exists under English law and the Children Act 2004. Four Children’s Commissioners, including Dame Rachel de Souza, are currently lobbying to remove this defense. Observers argue that because the UK ratified the UNCRC—which prohibits physical punishment—existing statutes clash with a societal ethos regarding children's protection. The Children’s Wellbeing and Schools Bill is currently moving through Parliament as a vehicle for these changes. The commissioners are specifically targeting an amendment to be introduced during the House of Lords' review process.
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Sources
- Summary by Intellect · source: Equal Protection: Crash Course Government and Politics #29
- Also: Children’s Commissioners unite to call for equal protection for children from assault in UK | Children's Commissioner for England
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