Section 59
November 26th, 2006I am not a child psychologist, I’m just a geek with an opinion. With that in mind – I do not support Sue Bradford’s wish to repeal Section 59 of the NZ Crimes act, 1961. Section 59 basically gives parents the choice to physically discipline their children using reasonable force. Sue Bradford wants to remove this option from parents and give some very vague guidelines as to when you can and cannot touch your children in a way that would cause discomfort. She uses emotive language like “Full repeal of Section 59 is the only way of removing the legal justification for assaulting babies, children and young people”
Babies. The public and the court system takes a very dim view towards abuse of babies of any form, look at the outcries after baby deaths in this country due to abuse. Any jury that accepts someone using the “reasonable force” argument when it comes to babies should be rounded up and shot. It’s common sense. But Sue Bradford uses the term babies here to buy more believers – it’s a classic advertising trick: appeal to the animal instincts, in this case, the animal instinct to protect our young. This is why you see stupid advertisements for cleaning products that apparently save babies from salmonella and its other buzzword-disease-brethren, because every well adjusted parent leaves raw chicken on their baby’s high chair, right?
There are two other main ways to advertise – annoy or amuse. Sue has both covered here too – she’s either annoying or amusing those of us who believe in appropriate smacking.
Unfortunately, some bad parents have got away with the reasonable force argument after beating their children horrifically – using objects to increase the act of discipline to a beating. I do not believe that child abuse is correct or acceptable, I do believe however that smacking is acceptable, and “a clip around the ear” is acceptable in some circumstances. Beating a child with a length of hosepipe to the point of welting is not good parenting, regardless of your political orientation, ethnicity or religion.
Earlier today I was at the supermarket waiting in the checkout queue, and there was a mother and her daughter ahead of me. The daughter would have been maybe four or five years old, and she was having a tantrum over nothing in particular – lying on her back with her limbs flailing while screaming at the top of her lungs. Her mother, obviously well adjusted, warned her daughter to stop. Her daughter did not, and got up, picked up a bounty bar and threw it at me – an innocent bystander. Back when I was a kid, the innocent bystander would probably smack me on the bum and send me on my way for doing such a thing. Not today, I’d be done for adult assaults minor.
The mother, however, swiftly picked her child up by the arm and gave her a good smack on the bum. Lo and behold, the child stopped throwing a tantrum, obviously learning cause and effect: misbehaviour == punishment. A guy a couple of checkouts down yelled out “Good job! way to Section 59 her!” which got a few laughs.
But I couldnt help but be reminded of when I was a toddler, I was misbehaving in Woolworths for reasons I can’t recall, and my dad belted me across the bum – after that I behaved in supermarkets as if they were libraries, until of course I got to the age of reason and started to grow an aversion to supermarkets simply because I dont like being in confined spaces with a lot of people, as it brings out the misanthropistic worst in me, and makes my blood pressure skyrocket. But I digress…
A colleague was musing about this the other day – she said that when she was a kid, she got smacked and she turned out ok, her younger brother got the time-out treatment and is now a drug user, constantly in trouble with the law and probably headed for jail, which in the modern soft times is potentially not a bad career choice – you get housing, hot meals, tv’s and playstations. It’s better than being a student!
Much of this current debate potentially harks back to a name we all know: Spock. The claim is that Dr Benjamin Spock’s writings on raising children resulted, directly or indirectly, in the positive reinforcement parenting style – resulting in soft children, who would grow up to be soft parents. And while we in the 80′s werent beaten to the extreme of earlier generations (on average), we mostly came out very well adjusted. Children these days seem to tend more towards being self-absorbed, selfish little brats who are easily brainwashed by corporate advertising. So what did we do right in the 80′s?
My opinion? Do not fully repeal Section 59, simply amend it to clearly define what is reasonable force – an open handed smack, and what is not reasonable force – a closed fist hit, or use of any instrument whatsover for the purpose of increasing the physical harm to the point of bruising, welting, bleeding or other serious wounding. This gives parents who choose to smack their children to discipline them clear guidelines as to what is reasonable. It also gives police and the courts clear guidelines as to what is reasonable for the serious offences. There is no doubt in my mind that the father who beat his daughter with a hose to the point of welting should be convicted.
Now, on the lighter side: http://www.youtube.com/watch?v=ucQLYSC9Lho
It’s funny, I cracked up in the middle of the office when I first saw that, raising eyebrows from colleagues and management, and it is true in my opinion – a lot of ADD/ADHD cases these days are simply cop-outs from parents who are incapable of effectively disciplining their children. Though in saying that, ADD/ADHD does exist, it is a serious issue, and no amount of discipline seems to make a difference. My older brother has ADHD, and his condition affects my family. When he’s on his drugs (ritolin or otherwise), he’s fine. When he’s not on his drugs, he becomes noticeably erratic, irrational and unreasonable.







