Many of New Zealand's most reputable child and family advocacy organisations are united in the campaign to repeal section 59 of the Crimes Act. Repeal gives a clear message that hitting children is not OK.

Section 59 of the Crimes Act 1961 currently states:

“Every parent of a child or...every person in the place of the parent of a child is justified in using force by way of correction towards the child, if the force used is reasonable in the circumstances”.

Section 59 is used exclusively in the courtroom, as a defence used by parents against prosecution.

The repeal of section 59 would eliminate this protection.

Full repeal is necessary because:

Hitting children is a risk factor in poor child and adult outcomes

Hitting children is the least effective way to improve child behaviour

Section 59 breaches New Zealand's international obligations in relation to Article 19 of UN Declaration on the Rights of the Child

We all have the right to live in families and communities that are free from violence.

Friday, July 14, 2006

If you don't behave right now, I'll blow off your leg with a landmine!

Most people seeking repeal of s.59 make links to the wider problems of violence and abuse in society. If you're OK about hitting children, you're likely to be OK about going to war etc. Peace movement people and groups, like the Society of Friends, have long been supporters of non-violent parenting, and repeal of s.59.


I just recently came across the following piece in a newsletter about landmines, "CALM Newsletter" Issue 3, 2005 - July. (New Zealand Campaign against Landmines). These people really make the links between accepting physical punishment of children, and aceptance of other forms of violence - including the horror of landmines.


"Peace begins in the home
The debate about repeal of section 59 of the Crimes Act 1961 was reinvigorated when Green MP Sue Bradford's Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill was drawn from the Member's Bill ballot recently. The Bill will be introduced to parliament in late July.


Section 59 provides a legal defense in situations when charges are brought against parents or caregivers for assaulting their child. Its repeal is not about criminalising ordinary parents. It will simply remove a legal defense that is used when parents seriously assault their children - a defense that is not available in situations of assault against adults, animals or any other group in our society.


International evidence shows that physical punishment teaches children to use violence in problem solving and is not an effective form of discipline. Physical punishment is a risk factor for child abuse and international evidence shows:
1. The harm to children caused by physical punishment;

2. The vastly increased likelihood of child abuse in homes where physical punishment is used;

3. The need for governments to convey consistent messages about the unacceptability of physical punishment; and

4. That physical punishment is less effective than positive parenting strategies for disciplining children.


A number of groups, including Plunket, the Children's Commission, the Family Law Society, and the Families Commission have expressed their support for repeal of section 59 as a step towards addressing New Zealand's wider culture of violence. Peace begins in the home.


The introduction to Parliament of the Member's Bill provides an opportunity for New Zealand to have a much-needed debate about the use of violence in the parenting of children and whether or not it is appropriate or necessary for the legal defense to remain. Hopefully, MPs will support the Bill to Select Committee so that these issues can be thoroughly considered."

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