Should a smack, as part of good parental correction, be a criminal offence [in New Zealand]?
Currently, in New Zealand, there is a citizens-initiated referendum on the above question. Before a change in legislation, Section 59 of the Crimes Act (1961) said that "reasonable force" could be used by parents towards their children in the context of "parental correction". "Reasonable force" is in the context of the situation.
There was then an amendment by the Green Party, with the effect being that the statutory protection for use of force by parents and guardians was removed. Children are now in the same position as everyone else so far as the use of force (assault) is concerned. The use of force on a child may constitute an assault under section 194(a) of the Crimes Act, a comparatively new provision in the criminal law.
The pro-smacking lobby then went around and collected enough signatures to repeal the amendment. The referendum is controversial for a number of reasons; firstly, it will cost $9 million; secondly, many of the so-called 'nanny state' perversions and criminal convictions on 'good parents' never eventuated.
The pro-smacking lobby argues that parents who smack their children can still love their children, and will be unduly punished with criminal convictions. They are usually from the political right, and resent most influence by the state in their lives.
The anti-smacking lobby argues that smacking is an outdated punishment that does more harm than good to children. If parents don't want criminal convictions for being 'good parents', then they shouldn't smack children, or so they say.
As a child, my siblings and I (excluding my disabled brother, of course) were smacked. Not regularly, and only if we had been especially bad. I still remember the fear I felt just by Dad waving his slipper in the air. Sure, it probably did me some good... or did it? I don't believe such punishment was necessary, and probably only contributed to a level of mistrust towards my father. I will not smack my children when I am a father, so I am squarely in the anti-smacking camp.
I will be voting on the submission in early August, and would like to hear what the intellectual minds of TFF have to say on the matter. If possible, draw in your own experience, and the experience of your home country. I would also be very interested in hearing what parents have to say, as it is likely that their perceptions differ strongly from mine.
If someone wants some more information on the issue above, just say so in the thread, and I'll put some links together.
EDIT: Found this link to Section 59, which is compulsory reading to post in this thread. If you don't understand it, have a look at a few of the links that I've inserted a few posts down (#8). http://www.legislation.govt.nz/act/p...DLM328291.html
Bookmarks