The law protecting parental corporal punishment of children : New Zealand's legal reform options
Brobst, Jennifer A.
The law protecting parental corporal punishment of children : New Zealand's legal reform options Thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Laws Brobst, Jennifer A. - Wellington Victoria University of Wellington 2001 - 146 p.
Thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Laws
This thesis examines the role that criminal and civil law in New Zealand plays in protecting the parental corporal punishment of children. It questions whether the existing laws adequately protect children from physical abuse in the home, and if not, how best to remedy this through legal reform. The research for this thesis includes a review of the statutory and case law of the reasonable discipline defences, including the parental discipline defence since New Zealand's statehood in 1840, as well as comparable laws found in other Commonwealth nations and the United States of America. A small study of charging practice in physical child abuse cases in the Wellington region was conducted to gain an understanding of the extent the criminal justice system is involved. Police and Child, Youth and Family internal policies were also reviewed to better understand charging practice. The thesis concludes with a discussion on the legal reform options and recommendations for New Zealand regarding the parental discipline defence, taking into account legal reform in other nations. Statutory and non-statutory measures to protect parental discretion in the discipline of their children are also discussed. Source: Author's introduction
nz
CARE AND PROTECTION
CHILDREN
CORPORAL PUNISHMENT
DISCIPLINE
PARENTING
PHYSICAL ABUSE
THESES
CHILD ABUSE
649.64 LAW
The law protecting parental corporal punishment of children : New Zealand's legal reform options Thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Laws Brobst, Jennifer A. - Wellington Victoria University of Wellington 2001 - 146 p.
Thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Laws
This thesis examines the role that criminal and civil law in New Zealand plays in protecting the parental corporal punishment of children. It questions whether the existing laws adequately protect children from physical abuse in the home, and if not, how best to remedy this through legal reform. The research for this thesis includes a review of the statutory and case law of the reasonable discipline defences, including the parental discipline defence since New Zealand's statehood in 1840, as well as comparable laws found in other Commonwealth nations and the United States of America. A small study of charging practice in physical child abuse cases in the Wellington region was conducted to gain an understanding of the extent the criminal justice system is involved. Police and Child, Youth and Family internal policies were also reviewed to better understand charging practice. The thesis concludes with a discussion on the legal reform options and recommendations for New Zealand regarding the parental discipline defence, taking into account legal reform in other nations. Statutory and non-statutory measures to protect parental discretion in the discipline of their children are also discussed. Source: Author's introduction
nz
CARE AND PROTECTION
CHILDREN
CORPORAL PUNISHMENT
DISCIPLINE
PARENTING
PHYSICAL ABUSE
THESES
CHILD ABUSE
649.64 LAW