ACTION ALERT: Ask MPs to support repealing section 59

1. Introduction

Submissions to Parliament's Justice and Electoral Select Committee on my private member's bill to repeal section 59 of the Crimes Act, the Crimes Amendment (Abolition of Force as a Justification for Child Discipline) Bill, closed on 28 February 2006.

Whether you made a submission or not, I am hoping that you can take the extra step of lobbying Members of Parliament to support the Bill.

Email MPs

You can email Members of Parliament with your message about why section 59 should be repealed. It is best if you put your email in your own words, as little notice is often taken of "standard form" emails. If you have a personal experience of violence against children, talking about this is likely to be helpful. This link will allow you to send your email message to all MPs:
Email MPs to repeal section 59 &raquo

Writing letters to MPs

If you have the time to write letters to at least some of the MPs, e.g. the ones in your area, this may also help to persuade their Parties to the Bill. You don't need a stamp to write to MPs. A full list of MPs and their contact details is available on the Parliamentary Website.

Personal Visits to MPs

Personally visiting an MP is one of the most effective ways of persuading him or her to support the repeal of section 59. If you've got the time for this, give it a go. A full list of MPs and their contact details is available on the Parliamentary Website.

The paragraphs below provide you information to assist you in asking Members of Parliament to support my Bill to repeal section 59.

2. Aim of the Bill

The aim of my Bill is to remove the defence of 'reasonable force' from s59 of the Crimes Act, which says 'Every parent or person in place of a parent of a child is justified in using force by way of correction towards a child if that force is reasonable in the circumstances.'

The Green Party wants to remove the message given by the current law that it is legitimate in some circumstances to beat children — when it is against the law to beat other adults, including spouses, police and employees.

Under section 59, it is up to a jury to decide if the force used was reasonable in the circumstances. This was interpreted by a jury in Napier to mean that it was reasonable for a father to hit his eight year old son eight times with a piece of wood 30cm by 2 cm — leaving linear bruising visible for days. A jury in Hamilton considered it reasonable for a father to hit his 12 year old daughter with a piece of hosepipe, leaving a raised 15cm-long lump with red edges on the girl's back.

The fact that the perpetrators of such assaults can be and are acquitted by the courts because of section 59 sends a very disturbing message to society that violence against children is acceptable.

However — please note that the Bill does not set out to create a new law which makes it a crime for parents to lightly smack their children, or, for example, to physically remove their child from danger.

3. The Key Message - Repeal, not Reform

The key message the Green Party hopes you will convey to members of the Select Committee is to support the full repeal of section 59.

Some have argued for reforming section 59 by defining what types of force are reasonable or unreasonable. We suggest that you do not support that approach because it:

• sends an unhelpful public message that force in disciplining children is acceptable
• serves the interests of adults, not children, and lowers the status of children as human beings
• actually further legitimises the use of some force against children
• is fraught with definitional problems.

Full repeal of section 59 is required, both to prevent abusive parents who have violently assaulted children from successfully using "reasonable force" as a legal defence and to send the signal to parents that all violence against children is unacceptable.

4. Some further arguments in support of repeal — please feel free to add your own:

4.1 Protect children from abuse

The courts have inconsistently applied section 59. There have been a number of cases where violent assaults, resulting in injury, have been excused as reasonable force. These cases clearly amount to child abuse. Section 59 therefore results in the courts failing to provide adequate protection for children from abuse. Those who perpetrate the abuse and successfully apply section 59 as their defence remain unaccountable to our justice system. (Hancock J, (2003), Review of NZ case law involving section 59 of the Crimes Act 1961 for the Committee on the Rights of the Child. Auckland Action for Children and Youth Aotearoa - Click here to order an electronic copy).

Physical punishment is a risk factor for child abuse. Child abuse is more likely to be occurring in homes where physical punishment occurs than those in which it does not (Durrant, J, 2002 Physical Punishment and Physical Abuse. BC Institute Against Family Violence Newsletter: Winter 2002). Physically abused their children often explain their actions as attempts to discipline (Leach, P. (1999). The Physical Punishment of Children: Some Input from Recent Research. London. National Society for the Prevention of Cruelty to Children. - Click here to order an electronic copy).

4.2 Physical punishment harms children — and the voices of children and young people themselves should be heard in this debate

The use of physical punishment is clearly demonstrated by international research as having poor outcomes and can cause harm to the health and development of children. Evidence also demonstrates that physical punishment is ineffective in teaching children appropriate behaviour. (Office of the Children's Commissioner, Littlies Lobby, 2005)

A clear message should be given from Government that physical punishment is strongly discouraged, and that parents and caregivers should learn loving, positive and non-physical ways of disciplining children. This should accompany the repeal of section 59.

Parent and public education about the damage that physical punishment can cause to a child's health and development, and about alternative positive forms of discipline, is essential to complement the repeal of section 59.

Children themselves regard physical discipline ineffective, hurtful and unfair. Many experience forms of physical punishment that far exceed the light tap or smack promoted by supporters of the use of physical punishment (Dobbs, T. (2005) Insights: Children and young people speak out about family discipline. Wellington. Save the Children. — Click here to order copy).

4.3 Physical punishment breaches children's rights

The United Nations Convention on the Rights of the Child (Article 19) indicates that children have a human right to protection from all forms of violence and abuse. The UN Committee on the Rights of the Child recommends to all countries that have ratified the Convention that they should prohibit all forms of corporal punishment.

The New Zealand Action Plan for Human Rights, published in 2005 by the Human Rights Commission, specifically recommends repeal of section 59 as a human rights priority.

5. Are any compromises acceptable?

The Green Party does not support any compromise that would amend section 59 to define what types of force are "reasonable" or "unreasonable" in terms of what is used for the hitting or what parts of the body can be hit. This would send the wrong message that limited violence against children is okay. Defining safe hitting is an impossible task.

Some politicians and commentators have expressed concerns that full repeal of section 59 will criminalise parents who lightly smack their children. The Green Party believes these concerns are unfounded. Police will use their discretion to determine what cases they will prosecute, just as they currently use their discretion to determine whether to prosecute when technical assaults against adults have been committed.

The Police have also made it clear that they would not prosecute parents who, for example, use physical force to remove their child from danger, as some opponents of the Bill have alleged.

However, at this stage I believe the Green Party would be amenable to some compromise positions to allay the fears of those who think that people might be prosecuted for minor incidental or technical assaults on children, so long as these do not compromise the principle that violence against children is unacceptable.

6. Recommendations

The Green Party suggest that you conclude your message to MPs with clear recommendations, for example:

• That section 59 Crimes Act be fully repealed.
• That repeal is accompanied by a clear message that physical discipline is unacceptable.
• That repeal is accompanied by public education about positive non-violent discipline — and that there be increased funding for support work for families in this area.

Please remember — this is only a guide — there are many other arguments and recommendations that can be made.

7. Further information

If you want further information to assist you in making your submission, contact the Green Party's Social & Economic Justice Outreach Coordinator, Ivan Sowry.

Go to the "Repeal Section 59" Campaign Page