1 / 16

What’s it all about ?

What’s it all about ?. Amendment of Section 59 of the Crimes Act - the new child discipline law. 16 May 2007. Parliament passed the Crimes (Substituted Section 59) Amendment Act. Huge majority supported the passing of the Bill - with 113 MPs in favour, 8 opposed.

sook
Download Presentation

What’s it all about ?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. What’s it all about? Amendment of Section 59 of the Crimes Act - the new child discipline law Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  2. 16 May 2007 • Parliament passed the Crimes (Substituted Section 59) Amendment Act. • Huge majority supported the passing of the Bill - with 113 MPs in favour, 8 opposed. • Bill came into force on 21 June 2007. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  3. The Crimes (Substituted Section 59) Amendment Act The Bill removed what had been a defence in law for parents using: “force by way of correction towards the child, if the force used is reasonable in the circumstances” Section 59 had allowed parents to defend using physical punishment if it was judged “reasonable”. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  4. The amendment • The purpose statement of the new S.59 stated “…to make better provision for children to live in a safe and secure environment free from violence by abolishing the use of parental force for the purpose of correction”. • It banned physical punishment/correction. • Adults who need to restrain a child to keep it, or other people, safe are protected from prosecution. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  5. The amendment continued… • Gives Police discretion not to prosecute when the assault is seen as trivial or having little impact (as in any other assault). • Did not create a new offence. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  6. Some, but not all, supporters of included… • Commissioner for Children, Families Commission, Human Rights Commission • Children’s Issues Centre, Institute for Public Policy at AUT, Waikato Law School, Association of Social Workers, Youth Law, NZ Assoc of Counsellors • Plunket, Barnardos, Public Health Assoc, Paediatric Society, Unicef, Save the Children, Amnesty International, Birthright, La Leche League, Family Planning Assoc, Parents Centre, NZ Childcare Assoc, Playcentre, Relationship Services, National Network for Stopping Violence, Jigsaw • Porirua, Auckland, Manukau and Waitakere Councils • The Body Shop • Te Whare Hauora O Ngongotaha/James Family/Presbyterian Support • Anglican Church – Maori and non-Maori, Nat.Council of Young Catholics • National Council of Women, Maori Women’s Welfare League, Pacifica, Women's Refuge • …………………and many, many more organisations and individuals Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  7. Why support the law change? • Children’s right to be protected from assault within their families is now supported by law. • Physical punishment is only effective in the short term. • Children often do not understand why they are being hit and are confused when someone who loves them hurts them. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  8. Hitting can cause injury • Most injuries to children by their parents/caregivers begin as “correction”, “punishment” or “discipline” “I only wanted to teach him a lesson” • As parents rely on physical punishment it may increase in severity and the risk of injury escalates. • Hitting children can have a damaging effect on brain development and emotional development. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  9. Hitting can cause damage • More and more evidence is linking physical punishment with later problems: • Aggression and delinquency • Poor mental health and poor self esteem • Learning difficulties • Relationship difficulties • Criminal and antisocial behaviour • Risk of victimisation of more serious abuse Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  10. Hitting is not effective • Physical punishment is only likely to be effective in the very short term. It does not help children to learn good behaviour • It is not necessary to hit or otherwise hurt children to help them to learn to behave well – Playcentre, which is 60 years old, has a no-hitting philosophy. • Positive parenting and constructive discipline is more effective in the long term. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  11. Hitting children gives a wrong message • Hitting a child sends the message that hitting others is acceptable – children are likely to repeat the behaviour. • Physical assault of adults in the home, in the military, in prisons, elderly care or other institutions is not allowed. Children are valued citizens and entitled to the same protection. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  12. Since the law was changed • No parents have been charged for any trivial offences. • The defence of “reasonable force” is no longer permitted – child abuse can no longer be defended as “correction”. • Police and major party leaders have said that they believe that the law is working. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  13. The review The law was reviewed in November 2009 by a panel including an independent child psychologist, and representatives of CYFS and the Police. It found that there were no instances of parents being unfairly investigated or prosecuted as a result of the amendment Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  14. New Zealand a leader • 26 countries worldwide have enacted legislation prohibiting all forms of assault against children • New Zealand is the first English speaking country to ban assault of children in all circumstances • We can be proud that we have taken this stand in the interests of children’s right to protection from all forms of assault. Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  15. Children are Unbeatable: 7 VERY GOOD REASONS NOT TO HIT CHILDREN • Written by Rhonda Pritchard in 2006 puts the case for not using physical punishment, gives reasons, lists studies and describes principles of positive, constructive discipline. • Available free from UNICEF NZ Email: 2helpkids@unicef.org.nz Phone: 0800 243 576 Download the pdf from www.unicef.org.nz Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

  16. Unicef supports the new child discipline law Barbara Lambourn National Advocacy Manager UNICEF NZ Authorised by Barbara Lambourn UNICEF NZ, Level 1, 11 Aurora Terrace, Wellington April 2009

More Related