Legal rights are those bestowed onto a person by a given legal system. The law of obligations is one branch of private law under the civil law legal system. It is the body of rules that organises and regulates the rights and duties arising between individuals. Both parents and children have rights and obligations regarding the idea of discipline, and in Australia it is effective, however, only to a certain extent. Notions of justice regarding fairness, equality, access, timeliness, enforceability and resource efficiency need to be addressed when considering these rights and obligations of parents and children regarding discipline. Discipline in the form of smacking in more recent years has become a fairly controversial topic. It is
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According to ABC’s Health and Wellbeing article (Published 29/08/2013) ‘Why doctors are telling us not to smack our children’, “This form of discipline has been outlawed in 33 countries, including New Zealand, and evidence shows these countries now identify children at risk of abuse earlier, and have very low rates of child mortality associated with abuse.” This article suggests that when it comes to parents discretion in disciplining their children, physical abuse within Australia should be outlawed, due to the positive effects that reins in other countries such as; New Zealand. When regarding the notions of justice, fairness in regards to the rights of the child is diminished as parents maybe unclear of the limits of smacking and when it is then defined as child abuse, as outlined in the article parents may “lose control” or possibly implement severe long-term psychological complications.
On the other hand, it is effective as there is a clear difference between smacking and child abuse, and in terms of child abuse numerous support networks such as; Reach Out, DOCs and Kids helpline are available. Australia is a signatory to the United Nations’ Convention on the Rights of the Child which came into effect on 2 September 1991. Many of the principles within the Convention are embedded within child protection legislation. Together with policy frameworks, which depict the nature, extent, and fashion in which services and