The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act

The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act

Despite persistent criticism from international human rights bodies and experts, Queensland continues to permit the ‘lawful correction’ of children as a defence to criminal offences committed against them. The recent introduction of a human rights framework in Queensland further highlights the disconnect between the State’s correction defence, contemporary understanding of the deleterious effects of physically punishing children, and children’s human rights principles. This article examines this disconnect and the consistency of the Queensland defence with the Human Rights Act 2019 (Qld). To this end, it outlines the current position in the medical and psychological literature that corporal punishment has severe consequences for children. It also explains the scope of the Queensland defence and compares it to other Australian jurisdictions. The article then turns to an analysis of the consistency between the defence and the Human Rights Act. It concludes that the defence repudiates human rights guarantees in Queensland, as well as the international framework for children’s rights, and identifies avenues for reform.

McInnes-Smith, Sienna

The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 327-362

1839-289X

0083-4041

The University of Queensland School of Law

2023-01-25

Copyright (c) 2023 The University of Queensland Law Journal

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Peer-reviewed Article