Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Commissioner calls for repeal of Section 59

25 May 2006

Children’s Commissioner calls for repeal of Section 59

Today, Children’s Commissioner, Dr Cindy Kiro, presented her oral submission on the Bill to repeal Section 59 of the Crimes Act (1961). Section 59 says that parents are justified in “using force by way of correction of a child if the force used is reasonable in the circumstance”.

It allows parents who are arrested for assaulting their children to use section 59 as a defence by saying that the assault was justified, reasonable or carried out to discipline the child.

The United Nations has been critical of New Zealand because section 59 is seen to violate the United Nations Convention on the Rights of the Child (UNCROC) of which New Zealand is a signatory.

“Repeal is a fundamental and necessary step to ensure that children in New Zealand grow up in safe and secure environments, including family environments, free from all forms of violence,” said Dr Kiro.

“Parliament have an opportunity to demonstrate moral and political leadership on behalf of the children of our country. This leadership has been demonstrated by the hundreds of community-based organisations who are supporting repeal, not amendment. They have reached this decision after carefully considering all the evidence. I strongly oppose any attempt to amend the Crimes Act to define reasonable force. This would send a message that some degree of violence is acceptable. It is not.”

“Although most incidents of physical punishment do not lead to child abuse, research has shown that most incidents of child abuse arise from physical punishment. Moving the parenting ‘norm’ away from negative discipline to more positive approaches will shift all of our statistics in a more positive direction.”

The Children’s Commissioner is aware that fear of criminalisation of parents is a widely held public concern.

“Removing a statutory defence to assault of a child by parents does not create an offence of physical punishment for which parents can be prosecuted and convicted,” said Dr Kiro.

“Research commissioned by my Office in April 2006, showed that baseline public support for repeal was lower than in a similar Canadian survey. However two-thirds of the 611 people surveyed who did not agree with repeal of Section 59 would agree with repeal provided guidelines were developed to prevent prosecutions for mild slaps and smacking. Combined with the 17 percent who strongly supported repeal from the outset, there is considerable public support for repeal, provided parents are assured that they will not be prosecuted for minor technical assaults.”

“In addressing concerns about criminalisation of parents, a key consideration should be the best interests of the child. Repeal is consistent with a legislative and policy context which prioritises a whole child approach and working for improved outcomes for children.”

“I encourage our politicians to have the courage to act to make childhood safer, with more positive outcomes and to contribute effectively towards children in our society. This Bill provides them with a real opportunity to do so.”

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>

ALSO:

Corrections Corrected: Supreme Court Rules On Release Dates

Corrections has always followed the lawful rulings of the Court in its calculation of sentence release dates. On four previous occasions, the Court of Appeal had upheld Corrections’ practices in calculating pre-sentence detention. More>>

ALSO:

Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>

ALSO:

General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Gordon Campbell: On Our Posturing At The UN

In New York, Key basically took an old May 2 Washington Post article written by Barack Obama, recycled it back to the Americans, and still scored headlines here at home… We’ve had a double serving of this kind of comfort food. More>>

ALSO:

Treaty Settlements: Bills Delayed As NZ First Pulls Support

Ngāruahine, Te Atiawa and Taranaki are reeling today as they learnt that the third and final readings of each Iwi’s Historical Treaty Settlement Bills scheduled for this Friday, have been put in jeopardy by the actions of NZ First. More>>

ALSO:

Gordon Campbell: On The Damage De-Regulation Is Doing To Fisheries And Education, Plus Kate Tempest

Our faith in the benign workings of the market – and of the light-handed regulation that goes with it – has had a body count. Back in 1992, the free market friendly Health Safety and Employment Act gutted the labour inspectorate and turned forestry, mining and other workplace sites into death traps, long before the Pike River disaster. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news