Foreword

Abstract

In May 2007, the rights of New Zealand children were significantly enhanced with the passing of the Crimes (Substituted Section 59) Amendment Act, which repealed the old section 59 defence used by parents charged with assaulting their children.The new law specifically bans the use of force for the purpose of correcting children. Essentially, it made physical punishment of children in New Zealand illegal. Children’s human rights are not, as is sometimes assumed, about giving children everything they want, nor are they about parents losing authority. Human rights, particularly the human rights of children, set standards about the way human beings ought to treat each other justly,respectfully and equally. Basically,they aim to ensure that people do not exploit their positions of power over children and young people and cause them to suffer. The United Nations Convention on the Rights of the Child (UNCROC), the international treaty that identifies a set of rights for all children, was adopted by the United Nations General Assembly in 1989 and ratified by New Zealand in 1993. Fundamental to the Convention is the understanding that parents and the extended family are central to children’s lives, and that adults are expected to exercise their legitimate authority in their relationship with their children. This Convention is monitored by a UN Committee called the Committee on the Rights of theChild (CRC).ThisCommittee has consistently found that physical punishment of children breaches three of their fundamental human rights: the right to physical integrity, the right to protection from harm, and the right to equal protection under the law. It is appropriate that we celebrate our new law and the leadership shown in changing this law. It is an opportunity for New Zealand to do things that will decrease our reliance on physical punishment of children, and encourage a public and family environment where positive parenting is the norm. This has implications for New Zealand and other countries that may take heart from this change.