Carol Stovold Quality Kids qualitykidz.co.nz

New Zealand, like a growing number of countries around the world, has a legal ban on the use of physical punishment with children.

The Anti-Smacking law of June 2007 provides a safe and secure environment for both children and adults and ensures positive outcomes as children grow up free of violence. The law makes it clear that physical discipline is not a necessary or acceptable part of parenting as it undermines a child's feelings of safety and security. In addition, the law helps to ensure that a child's right to a fair deal in the courts is respected.

Although most parents do not abuse their children, growing numbers of child deaths and hospitalisations would suggest otherwise. This is still an unacceptable problem in New Zealand. Violence begets violence and now with our increased knowledge of the impacts on infant and toddler brain development and attachment, we understand young children who live with violence often face later life outcomes – such as difficulty forming and sustaining meaningful relationships with other adults.

It was a sad fact the adults in our society needed a law to be created in order to learn to teach children that physical discipline is not the answer. If we had this law in place 10-15 years ago would we be seeing the increased incident of violence and bullying in our schools that continues to haunt our newspaper headlines?

It is difficult to find up-to-date statistics, but at September 2010 there had only been a total number of three prosecutions since the law's introduction. In the period between December 2009 to June 2010, police attended 416 child assaults, 25 of which involved 'smacking”, with only one event resulting in a prosecution. The person being prosecuted was eventually discharged without conviction.

Under section 59 of the New Zealand Crimes Act, the use of force for correction is strictly forbidden. The Anti-Smacking Law states that adults who hit children hard enough to be prosecuted cannot excuse their behaviour as ‘correction'.

Adults caring for children can still use ‘force' – by methods of holding or restraining – to keep children safe. For example, adults can stop a child from running out onto the street, touching a hot stove, hurting themselves or other children and they can carry a protesting child out of a supermarket.

In using ‘force', parents or guardians must act in good faith and have a reasonable belief that the force is both subjectively and objectively reasonable.

Police have the discretion not to prosecute complaints made against a parent of a child or guardian where the offence is considered to be so minor that there is no public interest in proceeding with a prosecution.

So what is the alternative to smacking and the use of force in disciplining children? In all Early Childhood Education services in New Zealand, physical discipline or corporal punishment has been banned for many years. So how do we manage to keep children safe, sociable and enjoying themselves whilst they are with us?

Next Week: Tips for discipline alternatives

Statistical Information sourced http://www.stuff.co.nz/national/4183953/Anti-smacking-discretion-shown-police-stats-show