Abstract
The Amendment Act (Crimes (Substituted Section 59) Amendment Act, 2007) came into force on 22 June 2007. The changes in the Act amended the right of parents to use force by way of correction toward a child. The purpose of this amendment was to provide children with a safer and more secure environment to live in that is free from violence. Such a move also has the potential to provide a clearer mandate for social workers in regard to issues of child safety. While planned, reviews to determine how effective the amendment has been have not yet been undertaken.This paper presents some key findings from a larger study exploring the issue of child abuse deaths in New Zealand. In doing so a comparison of legislation and policy between New Zealand and Sweden is presented. Sweden was used as the main focus for this comparison as it introduced a ban on use of corporal punishment of children in 1979.
Highlights
As a signatory to the United Nations Committee on the Rights of the Child (UNCROC) adherence to the Convention and Government actions taken to improve the rights of children in New Zealand are reviewed every five years
This paper presents some key findings from a larger study exploring the issue of child abuse deaths in New Zealand
While the issue of corporal punishment is raised in many of the 54 articles contained in UNCROC, prior to the passing of ‘the Amendment Act (2007)’ Section 59 of the New Zealand Crimes Act (1961) New Zealand was in direct violation of Article 19
Summary
As a signatory to the United Nations Committee on the Rights of the Child (UNCROC) adherence to the Convention and Government actions taken to improve the rights of children in New Zealand are reviewed every five years. While the issue of corporal punishment is raised in many of the 54 articles contained in UNCROC, prior to the passing of ‘the Amendment Act (2007)’ Section 59 of the New Zealand Crimes Act (1961) New Zealand was in direct violation of Article 19. This violation was reflected in the 1995 and 2000 UNCROC reviews where New Zealand’s failure to amend this Act was seen as being inconsistent with the Convention (Taylor, 2004). In Sweden the rights of children to physical and social health had been a concern for some time. As Durrant (2000) notes, this move appears to have led to a decrease in the number of Swedish children dying from abusive injuries
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