Also see MP's children threatened - 01 Apr 2007 - The smacking debate - news and coverage
The leader of the opposition, John Key stoops into the "smacking debate" and shows his colours as he cyncially tries to enshrine smacking into the law books. The current law leaves it to the courts to consider. Over the course of time, that has proven to allow some parents to slip through the "reasonable force" loop hole, including the use of weapons against children. No matter the long term consequences.
Parents want cover of the defence of reasonable force so their freedom to ue smacking as a method of control is not criminalised. What other behaviours do they protect alongside their prediliction to adminstering corporal punishment?
MPs in New Zealand are being asked to consider the elimination of the "reasonable use of force" clause as a defense in cases of parental abuse from the crimes act.
This was a conscience issue but now seems a party line divide issue. The Right seek to make it into a parental freedom issue. The Left as a removal of a licence to abuse issue.
It is being attacked as an attack on parents who sense that police will be knocking on their front door to arrest them. As if they would be first on the list.
The debate has missed the point as has John Key who tried to get the right for parents to administer light punishment enshrined in law as a compromise, and thus cheaply ally himself with the 90% of parents that want legal protection to smack, but not hit. But there is no measure of the severity of what constitues "reasonable" and that is left to the court to consider. So why do people who use horse whips famously get away with it? The degree of elasticity in the law allows for it.
Extenuating circumstances and a lawyer will build a case for reasonable force, as "reasonable" implies that the agency of the child is in play against the parent, therefore what is to stop a parent from claiming that her three year old declared war on her so use of a civilian Taser was entirely reasonable?
The current law seems to be too elastic. Social conditions reflect upon what is considered reasonable, and for example, the police use of the Taser weapon (it kills a percentage of people) affects the interpretation of what society deems reasonable under the current law.
The bill change is minimal. Sue Bradford could have proposed a more far reaching legislation, but frankly New Zealand is not ready to stop hitting the kids, not just yet.