*Sigh*
I'm sorry, I couldn't be arsed reading more than the first and last pages of this thread, as I've a nasty feeling I know the sorts of rant I'm likely to read.
Some legal points:
1) This is not an 'Anti smacking' bill. I'm pretty sure that it is silent in regards to any specific method of physical discipline of a child. It may have an anti smacking effect, but that is not what the bill does. I know this might seem like splitting hairs, but accuracy is important in legal matters.
What it does, is to
repeal the defence in s59 of the Crimes act that allows physical discipline of a child. Yanking your kid off the road, or smacking their hand as they reach for a plug are NOT physical discipline - they are preventative measures to avoid serious harm. (Yes, I know these may fit into the broad interpretation of 'discipline' for some purposes, but they are NOT the same as a smack after the fact.)
If those that gnash and wail knew how inconsistently the section was applied in courts (ie reasonable to beat a child with a riding crop and a litany of other woeful examples in judgments), they might see why the current state of the law is not a happy one - and why change is needed.
2) This
will not criminalise parents that use minimal force to discipline their child.
This is called the
de minimis approach, and is already used effectively in the enforcement of many laws. Essentially (for those that can't be arsed with the link) the law is not concerned with trifling breaches of laws that are in force.
Yes, this will not prevent cases like Lillybing, the Kahui twins etc - but they are abuse, and culpable honicide cases, and are breaches of different parts of criminal law and part of a broader societal problem.
What it may do is make us think about how we discipline our children - which is no bad thing IMHO. Such sections have been repealed in a number of countries already, and their respective societies have not crumbled.
There are a number of constitutional reasons why NZ often leads the world in the law reflecting changes in society: Short terms of parliament, a unicameral legislature, and an MMP electoral system.
I can't be faffed saying more, but FWIW, that's my legalistic view, and IMHO it corrects a number of misconceptions.
PS: I was smacked occasionally as a child, and it isn't my business how anyone else parents their children (unless they are abusing them). That said, I'm in favour of this Crimes Act ammendment.
Rant over.
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