SECTION 59 IN SIMPLE TERMS
by Heather Yang
What is Section 59?
Section 59 is part of a law (Crimes Act 1961) in Aotearoa New Zealand that states “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.”
Why has it come to attention now?
Cases where this law has been abused have been spotlighted by heightened media attention. Negligent parents have used Section 59 to get them out of assault charges.
A “ban on smacking”?
Mainstream media has often presented this issue in a wrong light. Sensationalistic headlines such as “BAN ON SMACKING” create bias. The public are led to believe that good parents who discipline their children will be prosecuted, removing the focus from the issue of child abuse. Although section 59 would ultimately ban smacking, it will also mean that parents who beat their children will be held responsible.
What’s wrong with it?
With section 59 in place, parents and guardians are legally able to beat their children. Because of the end of the statement “ reasonable in the circumstances”, it is open to judgement what force is reasonable. A judge recently found it reasonable for a father to beat his eight year old with a piece of wood 30cm by 2 cm eight times which left bruises. A 12 year-old girl was hit by a piece of hosepipe by her father. This was also deemed reasonable. These cases are not rare, as many cases go unreported.
This goes against the UN Convention on the Rights of the Child (which came into force in 1990). It states in article 37 that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.” Section 59 allows the parent to ‘degrade’ the child by being allowed to use force, thus legitimatises assault on children.
Why do Children need protection from their parents?
Children are usually smaller, weaker and more vulnerable than an adult. The Declaration of the Rights of the Child states, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,
Protecting the little guys
It is safe to say that most four year olds would be much smaller and weaker than their parents. Therefore, they are less likely to be able to defend themselves against physical violence. If two identical fighters were to fight each other, then it would be a fair fight. If you shrunk one fighter, removed their strength and then made them fight the original fighter, it would be obvious that the smaller fighter has a significant disadvantage. The repeal of Section 59 would mean simply that the fighting should not start to begin with, and if it did, then the law should protect the little guy.
A little smack helps the child learn discipline, doesn’t it?
Wrong, studies have shown that physical punishment can leave lifelong emotional scars that can disrupt learning, emotional development and an ability to relate to others socially. A better way of disciplining children is to reason with them about why what they have done wrong is bad. This develops a child’s sense of logic and also communication skills, which can be used later on in life.
The story around the globe
Internationally, Germany, Sweden, Norway, Denmark, Finland, Austria, have changed their laws to ban smacking. The repeal of similar laws in Scotland and Great Britain have gained support from the majority of people and are now under scrutiny by the Government. It is time for New Zealand to catch up with the world and join the global fight to end child abuse.
What can I do?
TAKE ACTION
Write a letter to Green MP Sue Bradford showing your support for the repeal of section 59
LEARN MORE:
- Read more of the Bill to change this law on the Save the Children NZ site:
- For an easy-to-read summary of the Rights of the Child
References:
Look under ‘Criminal Acquittals’ for case references, and also “Criminal Convict” on the Barnados site
Cindy Kiro talks about Section 59 in general
Québec Charter of Human Rights and Freedoms
Human Rights Commission; the convention on the rights of a child
Corporal punishment in the Nordic countries.
Article on Canadian psychologist Dr Joan Durrant, authority on Children’s rights in Sweden
Jim Hopper’s study on Child Abuse worldwide
Photo by Holly Greening.
