The change to Section 59 of the Crimes Act compromises a parent’s right to discipline their child. Parents are in a position of authority in which they are responsible for shaping their children into respectful, law abiding citizens, and often a light smack to the hand or bottom is an effective way of teaching the right attitude and behaviour. If a child displays behaviour that goes against what their parents are teaching them, a light smack is often necessary in letting the child know what they are doing is wrong.
Changing the Crimes Act will not stop serious physical abuse from happening to children. Research carried out in Christchurch has suggested that serious offences of child abuse occur as a result of parental personal and
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Michele Wilkinson-Smith (2007), a criminal lawyer who has argued on both sides of Section 59 in court deems the repeal unnecessary. In her own experience she has never seen a case where a child has been seriously abused go excused because of the ‘reasonable force’ defence and it is likely that no New Zealand jury would find such serious abuse to be ‘perfectly reasonable.’ It is unrealistic to assume a person who has seriously harmed a child will go unpunished, however parents who lightly smack will face serious consequences. Joanne Black (2007) agrees, saying the only effect of this change is “that a parent who smacks a child in order to improve his or her behaviour breaks the law” (p. 58). Light smacking to improve a child’s behaviour is at the discretion of the parent, who is aiming to better their child, not seriously harm them.
Naturally, the change to Section 59 does have a positive side, providing a step toward New Zealand becoming a less violent society. Removing the reasonable force defence gives parents the opportunity to think twice about the practices they use in correcting their child’s behaviour, opting to not use a physical method. Children of this abuse are also less likely to go out and commit violent crimes as a result of the way they were brought up. In the long run, this change could alter the way parents treat their children, and therefore, cutting back on crime (Else, 2007). However, this is
For the purposes of this paper, the definition of family violence provided in the Queensland Family Violence Protection Act 2012 is utilised. According to the Act, family violence is behaviour that controls or dominates a family member in any way, and causes them to feel fear for their own, or another family member’s, safety or wellbeing. It can include physical, sexual, psychological,
“Physical punishment of children: Can we continue to accept the status quo?” by Kim Oates is a scholarly source found in the Journal of Paediatrics and Child Health. The author of this journal argues that discipline with physical punishment is not only inefficient, but it also causes problems in the emotional and behavioral development of children. He follows by providing practical forms of disciplining such as: removing privileges, teaching by example, having constant supervision, setting appropriate rules, and being consistent. Kim Oates states that those parents who use physical punishment to discipline their children, likely experienced it during their childhood and are usually unaware of these other methods of discipline. Oates included
Violence affects a healthy family’s relationship, state of mind and well-being, in other words, it’s normal functions. Because of violence, children are forced to endure and cope with mental, physical and emotional trauma leading to a display of impacts on health, development, and wellbeing. The effects build up over time and can impact on every aspect of their life. How many children and innocent lives must suffer from something unnecessary? Imagine walking into a home late at night to find a child hiding in a corner, with a bloody face and cuts all around their body saying they were self-inflicted or making up other silly excuses like falling down the stairs out of extreme fear. Up to 75% of all acts of domestic violence occurs between the ages 18-24. No child should ever see domestic violence as normal because the moment that happens a future perpetrator has been born. We need to take a stand and refuse to let domestic violence become something we ignore.
Assess strategies and methods used to minimise the harm to children, young people and their families where abuse is confirmed (M3). Justify responses where child maltreatment or abuse id suspected or confirmed, referring to current legislation and policies (D2)
One advantage of the government amendment to their domestic violence definition, is that it can remove a child from a dangerous or harmful situations immediately, reducing the impact it may have on the child, consequently reducing the damage it can cause to a child’s mental health and development.
This assignment will address how children’s rights are being breached within the UK. Focusing mainly on (The Crime and Disorder Act, 1998) which is an Act currently used within the UK’s society. . (The Crime and Disorder Act, 1998) covers almost all aspects of children’s rights, however the main provisions of the Act are; Antisocial Behaviour order (ASBO), parenting orders and sex offender’s orders. (The United Nations Convention on the Rights of The Child, 1990) became part of the UK’s Law in 1992, it has 54 articles that cover child welfare and safeguarding under ever circumstance. The aim of the United Nations Convention on the Rights of The Child aim is to keep children’s rights intact and do their best to ensure these rights are not
The child had received this punishment for her disobedience to her father 's rules, the child won the case! What message does this send to our children? Most children will not like or agree with the punishment meted out by the parent, should we fill the courts with children suing their parents? The message we are sending our children is that we do not have control over how we raise them, the government can over rule the decisions we make concerning them. I am by no means advocating abusive behaviour in parenting yet, by whose perception do we evaluate whether or not our actions are abusive? Any kind of discipline can feel abusive to a child who is not mature enough to make proper judgments on their own. Each culture will have different ways of dealing with discipline and in a multicultural country we should respect the methods as long as they are not abusive.
The idealistic approach to smacking in this country is that parents are entitled to resort to corporal punishment when attempting to discipline their children. Anonymous (2006) ‘The Australian Childhood Foundation says it 's been shocked by its new survey that shows almost 70 per cent of parents’ support smacking their children. Almost half the 750 adults surveyed believe it 's reasonable to smack hard enough to leave a mark.’
When looking at the history of domestic abuse legislation it is clear to see there was a need for change, many were outdated, not in touch with present social views and therefore would not be effective in the present day. Old fashioned acts that promoted matrimonial privileges were no longer needed nor wanted, for example up to 1992 under common law a man could rape his wife (RvR, [1992]). With the introduction of Women’s Rights groups and pressure from the ever changing views of society the government needed to act on changing policies and addressing the problem of Domestic Abuse. It was this pressure that made the need for the Family Law Act 1996 to be made (Legislation.gov.uk, 1996), this was a civil remedy that protected people from domestic abuse. Although there was a ‘need’ for legislation to protect survivors, this legislation can be criticised as it did not effectively do so. The reason being because by making it a civil law matter meant that the police response stayed the same, they
Smacking children has been around for centuries; however the purpose of it has altered from the beginning to now. It started as a technique to discipline your children but now days are used largely by teenager parents, who have lower patients and low self-control. I’m strongly against this concept of smacking your children for discipline, it’s disgraceful to think that people in this century still use the assistance of this conception. It’s hard to believe, but sometimes children smacking is only done to achieve satisfaction, for example an angry dad from work might come to home just to realize that one of his children has broken something in the house, the anger from work and this broken object might just add up to equal the dad losing his
This has been an extremely questionable topic for many generations, whether parents should or shouldn’t smack their children. The law currently states it is lawful in Australia to use corporal punishment to discipline children as long as the punishment is “reasonable” in circumstances. Punishment that is “unreasonable” (e.g., punishment that causes harm to a child that lasts for more than a short period) may be classified as physical abuse and could lead to intervention by police and/or child protection authorities.
Violence breeds violence. The number of reported child abuse cases in the United States hit its peak in 2003 and has since gone down. The numbers are getting lower and the policies set in place to shelter kids have gotten better. However, prior to the past two decades there have been only vague policies to protect children in the United States. Since 1990 much has been done to reform policies to safeguard kids. In this paper I will discuss the history of child abuse policies, the progress that has been made to child abuse policies, and how the policies meet the criteria of the family impact checklist.
The issue of whether it should be legal for parents to smack their children has now become a major controversy. Today I come to you as a concerned citizen as I find it utterly disturbing that in Australia, it is currently legal for parents to smack their children. I believe that the act of parents, smacking their child should be illegal. Smacking children, in our modern society, is nothing but an ineffective form of discipline. It is actually a violation of the human rights of the child. Furthermore it has potential to cause intellectual and
Every child wants their parents to treat them in an appropriate way without using physical abuse against them. Some parents use physical force against their children and violate them whether verbally, by tools, or using their hands causing minor injuries such as bruises and cuts or severe injuries (e.g. broken bones, trauma, paralysis, and sometimes even fatal injuries). Obviously, maltreatment of children has serious consequences. I believe all parents who use physical violence against their children must be punished in law.
Child abuse protection laws exist due to the belief and value that we place on the most defenseless persons; our children. Children have a right just like any person in the United States not to be abused or face maltreatment from anyone. The laws are to ensure that no persons under the age of 18 are treated unfairly and to free them from all forms of abuse whether emotionally, physically, or mentally. Perpetrators of child abuse can affect those victims for a lifetime, which often reflects the way children in our society will function within their communities. Negative impacts on a child can affect our society negatively as well and causing concern within a society makes this a social problem (wikiversity, 2016, para.1)