Lies From S. 59 Repeal Lobbyists
28 August 2006
Lies From S. 59 Repeal Lobbyists
The Society presented its oral submission this afternoon to the select committee studying Bradford’s ‘anti-smacking’ bill. It accused the bill’s supporters such as UNICEF, of disseminating blatant “lies” in the course of the debate. The material set out below, providing six examples of UNICEF lies, was presented as a late supplementary submission to the Society’s main submission which has been available on its website (www.spcs.org.nz) since early March 2006.
Lie No. 1: (The purpose of s59) is "Essentially, to exempt parents from retribution for assaults upon their children if they meet a standard of reasonableness."
No right minded person would ever believe that the MPs who composed the Crimes Act in 1961 had that in mind? Facts: Section 59 recognises and acknowledges that parents have a duty and responsibility to correct their children and that such correction and discipline can require a reasonable use of force that should not be criminalised. Section 59 says the use of force is justified as long as two limiting factors are in place: the motivation must be "by way of correction” and the force used must be “reasonable in the circumstances”.
Lie No. 2: "What is 'reasonable force'? It is whatever a judge or jury says it is."
This is really an implied lie: that "reasonable force" is something else, but UNICEF failed to reveal what they believe it is. Fact: In UNICEF's ideology, reasonable force is no force at all. To them, any use of force, however light is by definition violent abuse.
(See UN Committee on the
Rights of the Child General Comment No. 8, June 2006 at
Lie No. 3:
"Section 59 has very little to do with smacking and much to
do with providing legal shelter for people who assault
children in painful, dangerous and humiliating ways.”
UNICEF again slurs the MPs of 1961 by accusing them of
holding these repulsive motives. Fact: The MPs of 1961 were
wiser than UNICEF for they understood that without Section
59, parents would commit criminal assault, according to the
definition of assault in Section 2 of the Crimes Act, if
they hug a child without the child's permission, take the
child by the hand to make it go with the parents, confine
the child to its room for time out and countless other
everyday acts of parenting. Section 59 is all about parental
authority: repeal Section 59 and parents will lose legal
recognition of their authority to correct or train or
discipline their own children. The authority will pass to
the state or to "professional" agents...such as UNICEF. They
want your children. Lie No. 4: "This archaic law has been
used in New Zealand to protect adults who've beaten children
with planks of wood and riding crops." Facts: the repeal
lobby can only ever use three or four cases in all of NZ
legal history, none of which help their case at all unless
they twist or leave out the details. Neither child in these
two cases was beaten: Lie No. 5: "The
alarmist story that repeal of section 59 will 'criminalise'
good parents has been shown by the sensible response of the
police to have been the worst kind of scare-mongering."
Fact: the letter from Dr Jack of the Police
Commissioner's office of 11 August 2005 (described by
current Police Commissioner Howard Broad as "accurate and
authoritative") declared simply that if Section 59 is
repealed, "smacking of a child by way of corrective action
would be an assault," and "parents would not be authorised
to use reasonable force by way of correction." There you
have it plain and simple: even Sue Bradford's "light smacks"
are acts of assault and the use of reasonable force is
unauthorised, outside the law, legally unjustified. Just as
driving over 100 kph is a criminal activity, whether you are
charged or not, so using any force, reasonable or not, will
be a criminal activity. And being engaged in a criminal
activity means you can be charged at any moment. Another
letter from Joanna Bond, Legal Advisor to the Police
Commissioner dated 11 July 2006, the one UNICEF is referring
to as "the sensible response", included extracts from the
Police Manual of Best Practice wherein the first line reads:
"The state has a duty to prosecute people who engage in
criminal activity." The letter assumes throughout that
parents using force have committed a criminal act of assault
and describes the way they will be investigated and the ways
they may or may not be prosecuted. Lie No. 6: "There will
be no increase in convictions of parents if repeal goes
ahead." Fact: since the threshold for charging parents
with criminal assault drops to zero-tolerance, there will
have to be a rather large increase in investigations,
prosecutions and convictions. Unless the Police cease to
enforce the law. Or unless the Police pass all such matters
over to CYFs who have the power to remove your children
first and ask questions later. Once CYFs gets involved, life
as you knew it comes to an end. And the real child abuse
begins the moment any strange social worker enters your home
and takes your child away from you merely because she
believes "there are reasonable grounds for suspecting that a
child or young person is suffering, or is likely to suffer,
ill-treatment, neglect, deprivation, abuse, or harm"
(Section 39, Children, Young Persons and their Families Act
1989). UNICEF and others resort to fabricating untruths
because they are desperate to see Section 59 repealed. Why?
Because it will destroy parental authority and allow these
"child advocacy" groups greater and easier access to other
people's children. It will ensure that parents are shoved
into a back-seat position so that these groups gain more
prominence, more counselling contracts and more
clients. [Source www.familyintegrity.org.nz] Source of
Quotes from UNICEF UNICEF NZ Issues S59 Challenge To City
Councils MEDIA RELEASE Yesterday (24.Aug. 2006)
UNICEF New Zealand issued a challenge to every Mayor in New
Zealand: 'We are
delighted that some City Councils have already acted so
strongly to support the parents and children of New Zealand.
We congratulate Porirua Council and Waitakere Council on
their farsighted community leadership. ENDS (The Email message that was sent out to
New Zealand's Mayors and Council CE's follows as body of the
Email) SUBJECT LINE: UNICEF' challenge to community
leaders This is an opportunity for local communities in New
Zealand to lead the way. As you may know Porirua city
council has already voted in support of the repeal of
section 59 of the crimes act. Waitakere city council has
issued a statement asserting their support for
repeal. Section 59 of the crimes act states:
'Every parent of a child and 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.' (S59 Crimes Act 1961) What is the
purpose of s59 of the Crimes Act 1961? Essentially, to
exempt parents from retribution for assaults upon their
children if they meet a standard of reasonableness. What
is 'reasonable force'? It is whatever a judge or jury
says it is. Section 59 has very little to with smacking
and much to do with providing legal shelter for people who
assault children in painful, dangerous and humiliating ways.
This archaic law has been used in New Zealand to protect
adults who've beaten children with planks of wood and riding
crops. International and New Zealand research on children
and discipline show that striking children does no good and
can do much harm. Hitting children is demonstrated to be
the least effective form of discipline and the vast majority
of parents who are honest and brave enough to talk about it
admit that when they have hit their children it is more to
do with frustration, desperation and anger than anything
reasonable. New Zealand needs to be committed to its parents
and recognise that parenting is one of the hardest jobs of
all. Being a good parent doesn't mean being perfect, but
it should mean aiming to do what works rather than
justifying and excusing what doesn't work. This law doesn't
help New Zealand parents or New Zealand children. It
sanctions what's worst rather than encouraging what's best.
The alarmist story that repeal of section 59 will
'criminalise' good parents has been shown by the sensible
response of the police to have been the worst kind of
scare-mongering. There will be no increase in convictions of
parents if repeal goes ahead. What will change is that we
as a nation will do a better job of facing up to what we
need to do better. We at UNICEF New Zealand ask you as
community leaders to do what's best for New Zealand's
parents and children. Support repeal of Section 59 and send
a clear message to parliament to do the same.
ENDS
they were smacked in a judicial and
controlled manner. The plank of wood was 30x2cm, the size of
a standard school ruler. The riding crop was applied with
only two strokes, the child submitted voluntarily to the
smacking, it restored family relationships and the school
community could hardly believe the improvement in the boy's
behaviour. Section 59 is used as a defense less than two
times per year in New Zealand, and most of the time, rather
than hiding abuse, the caregiver is found to be guilty.
Section 59 operates exactly as it should: nailing true abuse
and
protecting normal parents from charges of criminal
assault for reasonable corrective action.
Friday, 25 August 2006, 3:41 pm
Press
Release: UNICEF
UNICEF NZ ISSUES
CHALLENGE TO CITY COUNCILS
Lead the way and do what is right for New
Zealand's parents and children. Support the repeal of
Section 59 of the Crimes Act. David Kenkel, the UNICEF
Advocacy Manager for New Zealand, said:
We have also just
heard the fantastic news that New Zealand's biggest council,
Auckland City, have added their support by voting last night
to support the repeal of Section 59. We have a great deal of
respect for this council's solid commitment to the
principles and practices of care for children, in line with
New Zealand's obligations to the United Nations Convention
on the Rights of the Child (UNCROC). It is wonderful to see
Councils being so committed to the wellbeing of their
communities. We want to thank these Councils on behalf of
New Zealand's children. Now we are waiting to see what
action will be taken by the other Mayors and Councils of New
Zealand'.
Auckland city council is about to vote on the
same issue.