Smacking ban still a live issue says Maharey

3.20pm

The cabinet will discuss in March next year what to do about the law that allows parents to smack their children, Social Services Minister Steve Maharey says.

He indicated today in his weekly newsletter that it was still a live issue and firmly stated his personal support for repealing the law.

"The assumption at large in the media that the Government has 'backed off' the repeal of Section 59 of the Crimes Act that gives parents the right to physically discipline their children is wrong," he said.

"The truth is that the Government is working through the issue and has not yet arrived at a conclusion."

Prime Minister Helen Clark said last week a public education campaign would be run before any law changes were considered.

It was previously reported that the public outcry at a possible law change had convinced the Government the move would not be a vote-winner.

Mr Maharey said the Government's consideration of the situation was in response to the United Nations Convention on the Rights of the Child.

Article 19 of the convention requires all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence, injury or abuse while in the care of parents, guardians or anyone else.

Mr Maharey said the UN had criticised many nations because it argued that once the law endorsed the use of physical punishment, it was very difficult to divide excessive force from so-called reasonable force.

Parents and caregivers who used force were able to use the defence that the law allowed them to do so.

Mr Maharey said an increasing number of countries were changing their laws to ban the use of force against children, including Germany, Sweden, Finland and Israel, or were carefully defining when and how force could be applied.

"The Government has been looking closely at the experience of these nations and states as it considers what to do," he said.

"In March next year cabinet will again discuss what action might be taken in regard to Section 59. There are many options, ranging from a legal ban on physical discipline (including smacking), to defining exactly what force can be used on children, and repeal of Section 59 of the Crimes Act.

"I favour the repeal of Section 59."

He said that if Section 59 was repealed, it would mean parents and caregivers could not use the law to defend the use of physical discipline.

"However, it would not mean that a parent who restrained a toddler trying to get on to a busy road would face prosecution. Nor would a parent who smacked a child on the bottom. Such obviously necessary or trivial actions would not attract the attention of the law," he said.

"In other words, children would be treated like everyone else in society."

- NZPA