Abstract
In Japan, the Child Abuse Prevention and Treatment Act was revised in 2019, and Article 14, Paragraph 1 now clearly states that corporal punishment is prohibited. Furthermore, in 2022, Article 822 of the Civil Code, which had stipulated the right of parents to discipline their children, has been abolished. Additionally, Article 821 of the Civil Code prohibits corporal punishment. However, surveys undertaken in 2020 and 2021 revealed that public awareness and understanding of the changes to these laws has not advanced.
Conversely, in New Zealand, Section 59 of the Crimes Act 1961 was amended on May 21, 2007, prohibiting corporal punishment. In a 2008 survey, 91% of respondents said they were “aware” of this law reform. More than 80% of respondents understood the contents of this law, except they didn’t know that Section 59 of the current Crimes Act was being monitored for two years until 2009. Previous research has shown that in New Zealand, media interest in the Bill to amend Section 59 of the old Crimes Act increased dramatically after it was introduced in Parliament in 2005. This sparked a lively debate among many citizens and Members of Parliament about the proposed ban on corporal punishment. In addition, another previous study found that when politicians addressed the public's concerns about amending Section 59 of the former Crimes Act, it led to greater public support for the law reform.
This study examines opinions for and against the revision of Section 59 of the old Penal Code during the legislative process from a perspective of causal stories and symbolic politics, in order to clarify the reasons why New Zealanders have become more aware of and have an understanding of legal reform.
