Children's advocates take heart at anti-smacking speech

Paediatricians and the Children's Commissioner hope a passionate anti-smacking speech by the Governor-General will make the outlawing of smacking children an election issue.

In a speech to a Save the Children conference at the weekend, Dame Silvia Cartwright stopped just short of calling for the repeal of the law that allows parents to use "reasonable force" to discipline their children.

Instead, she pointed out inconsistencies in the law and questioned whether adults who had grown up in violence should be left with the job of deciding what "reasonable force" was when disciplining their children.

"It is a crime to assault an animal. It is a crime to assault another adult. However, in this country parents are permitted to use reasonable force to punish their children under section 59 of the Crimes Act," Dame Silvia said.

"As a nation we need to candidly and honestly search our souls about all acts of violence and the way we deal with each other."

The former High Court judge called for people to declare their homes "violence-free zones" and exposed the difficulties juries had with convicting parents of physical abuse, possibly because of their own guilt.

New Zealanders should ask themselves whether the right to smack children was so necessary that they were prepared to sacrifice the children killed or injured in the name of discipline, Dame Silvia said.

Christians who had a deliberate strategy of punishing their children physically had misinterpreted Christian teaching, she said.

Children's Commissioner Roger McClay said the credibility that Dame Silvia - also a former Chief District Court Judge - brought to the debate was incredibly valuable. "I have no doubt that within the next Parliament or the one after that there will be changes."

Repealing section 59 is on the political agenda. It is the subject of two private members' bills and Justice Minister Phil Goff has asked officials to look at the ramifications of amending the law.

Mr Goff has repeatedly refused to repeal the act, citing a survey in which more than 75 per cent of parents wanted to keep the right to hit their children.

Dame Silvia said it was not her place to become involved in the political debate surrounding the law, but if her comments are seen as political it is unlikely that she will be criticised for making them - politicians are considered irresponsible if they criticise the Queen's representative, even under parliamentary privilege.

Doctors who specialise in treating sick children are among the growing numbers calling for smacking to be outlawed.

Yesterday, Paediatric Society president Nick Barber said the law should be on people's minds when they vote in the general election next month.

"We have seen so many tragic cases of people getting away with what I would view as child abuse, where there is really quite severe bruising, that is being considered normal, appropriate discipline."

The Greens, the Alliance and New Zealand First all support the repeal of section 59. National wants "reasonable force" to be better defined.

The Christian Heritage Party has threatened civil disobedience if smacking is banned. Party leader Graham Capill said Dame Silvia should be reprimanded for having made policy statements in the lead-up to an election.

"The Governor-General is sadly mistaken if she thinks that discipline is the same as abuse. It is such politically correct nonsense that has led to confusion on the issue."

- NZPA