John Bowis: Setting the record straight on the smacking debate

Green MP Sue Bradford's Private Member's Bill to repeal section 59 of the Crimes Act, and the subsequent support it has received from Plunket, the Families Commission and Prime Minister Helen Clark, has again focused public attention on the physical punishment of children.

The Herald says, "Bill will not take the heat out of smacking" (see link at bottom of page); a headline which mirrors an often misinformed public debate concerning physical punishment of children. To refer to Ms Bradford's Bill as "a Bill banning the smacking of children" is misleading and irresponsible. The explanatory note attached to the proposed Bill says its purpose "is to stop force, and associated violence being inflicted on children in the context of correction or discipline".

It says that currently section 59 "acts as a justification, excuse or defence for parents and guardians using force against their children for the purposes of correction, and the force used is reasonable in the circumstances". Repeal of section 59 would see that protection for parents and guardians removed, placing children in the same position as everyone else so far as the use of force (assault) is concerned. There is no mention of banning smacking in the Bill.

Like Plunket, Save the Children voted in favour of repealing section 59 two years ago, and we are delighted that Plunket has joined us and other child-focused agencies campaigning for protection of children through this action. Save the Children also strongly supports public and parenting education around alternative forms of discipline for children.

In 1997 the UN Committee on the Rights of the Child expressed its concern at section 59 remaining in New Zealand law, stating that physical punishment was inconsistent with the United Nations Convention on the Rights of the Child (UNCRC), which New Zealand ratified in 1993. It is time the Government took its obligations to the UNCRC seriously.

No other members of society, apart from parents, have the legal authority to physically punish another person. Children have a right to be protected from all types of mistreatment under the UNCRC.

Section 59 violates the UNCRC by providing people who physically abuse children with a means of avoiding conviction.

Physical punishment does not teach children desired good behaviour or support healthy development, and provides conflicting messages about responding to children with violence. Children learn from the behaviour of their parents that the use of violence or force to resolve conflict or to teach good behaviour is acceptable.

Save the Children believes there are better methods of disciplining children and modelling good behaviour.

The Herald editorial suggests the law be clarified rather than repealed because parents would not be able to administer a simple smack, or restrain children. Amendment is not an option because it implies that a level of smacking is a good thing. Let's be clear and repeal section 59 to stamp out any possibility of physical punishment leading to child abuse and give the police the opportunity to prosecute where warranted. They are not likely to be concerned about a simple smack.

Ten countries in Europe have already changed laws so that physical punishment of children is not allowed. There is no evidence at all from these countries that police prosecute for this kind of minor assault. Child-abuse deaths have dropped, and few parents now feel that physical punishment of children is acceptable.

Parents and caregivers want the best for their children. They will raise their children in a positive and loving way where they understand the negative consequences of physical punishment and are provided with the support and information they need to successfully implement non-physical forms of discipline.

There is a growing view in this country that we must change societal attitudes towards children if we are to reduce our unacceptably high level of child abuse.

Repealing section 59 will contribute significantly towards encouraging our society to value our children in the way they need and deserve.

* John Bowis is executive director Save the Children New Zealand.