Research shows that small children below the age of five or six lack the mental capacity to comprehend
the reasons for smacking.13 This not only means that the smacking has no benefit as the child is unable to
link the punishment to the behaviour and learn for the future, but it increases the risks of the negative
consequences which are borne out of the child perceiving abandonment and rejection by their parents.
To summarise:
1. The Fa’asamoa and human rights both enshrine the role of the parent to guide a child’s
development and that the standard for parenting is to ensure it is in the child’s best interest.
2. The range of negative consequences of violence towards children can never be said to be in
their best interest, therefore any actions which increase the risk of these consequences
constitutes violence.
3. All forms of physical and harsh verbal punishment towards children can lead towards these
consequences, therefore all physical and harsh verbal punishment amounts to violence
towards children.
It is therefore the widespread belief that physical and verbal punishment of children is acceptable in any
form that causes family violence both directly and indirectly. Directly in that all physical and harsh verbal
punishment constitutes violence towards children and indirectly because it increases the risk of the child
later becomes either a perpetrator or victim of violence.
INQUIRY FINDING 12: All forms of physical and harsh verbal discipline 14 are
forms of violence, which directly contribute to the prevalence of family violence
and indirectly by increasing the risk of a child becoming either a perpetrator or
further victim later in life.
7.1.4 Lack of parent-child communication
A feature of the common approach to parenting is that there is little dialogue between parent and child.
It is considered that parent knows best and therefore communication is a one way process of instructing
the child how to act and behave, to achieve their positive development. However, the Inquiry found this
lack of communication to have negative consequences, among which were the perpetration of family
violence (and violence more generally).
“The most important thing in parenting is communication. Currently there is
hardly any communication. A child should be seen and not heard. They are told
what to do, they have no say and if they don’t do what they are told they are
physically abused. It wounds them not only physically but emotionally and
mentally. Then he or she grows up believing this is normal. It is handed down from
13
Lisa Belkin. “Does outlawing spanking lower the crime rate years later?” (17 July 2013). Huffington Post. Retrieved from
https://www.huffingtonpost.com/2013/07/17/outlawing-spanking_n_3606886.html.
14Definition at Info Point 6.
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