Submitted by crinadmin on
We look forward to the Report of the Select Committee on the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill in anticipation that abolition of S59 of the Crimes Act will in fact become NZ law in due course. 15 countries have totally banned all forms of corporal punishment. The current law allows children to be violently assaulted. In Crown v S (Timaru) a 12 year old boy was beaten with a horse crop. The jury found this was legal.
The need for this legislative change is urgent: New Zealand is becoming an increasingly violent society, as evidence by the need for a Task Force. Stemming the cycle of violence must start in the home. Recent cases of violence against children by adults (causing death and harm) and by acts of violence by young people against one another testify to the extent that New Zealand society is becoming normalised to violence. Children and young persons deserve, as do we all, the right to live in a society that is free from abuse and violence.
ACYA is a coalition of non-governmental organisations, families and individuals whose purpose is to promote the wellbeing of children and young people in Aotearoa New Zealand. We do this through education and advocacy, encouraging the Government to act on the Recommendations of the UN Committee on the Rights of the Child (UNCROC) and through promoting increased opportunities for the participation of children and young people's voice, opinions and input into society. On the basis of our wide experience of children and young people's issues (and our recognition as a valued partner with Government through the Ministry of Youth Development Advisory Group on UNCROC) we advocated strongly on behalf of children and young people of New Zealand for Repeal S59 in our submission to the Select Committee.
Following UNCROC we assert that the rights and duties of parents to provide appropriate direction and guidance must recognise the rights of their children to be free from harm. UNCROC recognises and has interpreted Article 5 of the Convention as providing "no place for corporal punishment within the margin of discretion accorded in article 5 to parents in the exercise of their responsibilities" (Committee on the Rights of the Child, 1995, 205th meeting). The UN requested the Repeal of S59 in 1997 and 2003 in order to comply with the Convention and New Zealand's obligations under international law.
We are now concerned that the timing of the Report back to Parliament leaves little time before the summer recess for progress of this Bill to its next stage. We therefore urge you, as a Member of Parliament entrusted with upholding the well being of all New Zealanders, to do all in your power to see that this legislation is brought to a Second Reading, without amendment (such as proposals to define 'reasonable force' that would in effect legitimise in law the striking of children). The Canadian experience (Durrant, J. 2006) has shown that such amendments have not improved the lot of parents or children but instead merely given license to those who promote the physical disciplining of children.
Yours sincerely,
Judith McMorland
Secretary ACYA - for the committee.