Maybe it isn't the SHS after all
It depends on the context. I would also add to what extent does it increase
the risk of an asthma attack.
Not at all. It would be fairly easy for a parent to not allow the child to
sit next to a campfire, play soccor or go swimming.
True enough. There are many things that I wouldn't have to do. However,
does doing them equate child abuse? Would wearing perfume also constitute
child abuse? You can't single out *just* SHS. You would need to apply it
equally across the board if the real motive is to protect the child. If it
would be a punishable crime to smoke in the house if your child was
asthmatic, it should be equally punishable if you have pets, or don't keep
the house clean or use hairspray or perfume, etc.
If you look at your original example - "If a person was to smoke close to a
child he knew was asthmatic, or refused to stop or move away after informed,
and that child then had a fatal attack as a result, that person should be
found guilty of manslaughter." I don't think that the person would be found
guilty. It would be the parents responsibility to help the child avoid such
places. They could not reasonably expect to be able to go into a place that
allows smoking and ask that everyone stop. The person may be rude or an
ass, but not criminally negligent. If the person forceably and deliberately
blew smoke into the childs face and didn't allow the child to move, I would
agree that it would be manslaughter, if there was a fatal attack.
You mean like if I knew that my child was sensitive to SHS and took him/her
to a resturaunt that allowed smoking?
Depends on the situation. I don't think that a blanket law, such as what PR
suggest, is the proper course of action. I don't think that smoking around
an asthmatic child automatically qualifies as child abuse. If we start
applying laws in that manner, I think that we will start running into a lot
of trouble.
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