WebSchool corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. In this 1894 court case, a clearly out-of-control teacher was successfully prosecuted and fined for assault. They assumed a right of chastisement was a defense of justification against the accusation of "causing bodily harm" per Paragraph (=Section) 223 Strafgesetzbuch (Federal Penal Code). also constituted "philosophical convictions" and that they were therefore being denied an education in accordance therewith, since no schools are now allowed to use any corporal punishment. See, e.g., Deana A. Pollard, Banning Corporal Punishment: A Constitutional Analysis, 52 Am. The medical evidence was that the marks on his bottom were already fading by the following day. WebSchool corporal punishment: The High School Cane: a Eulogy, a thoughtful comment on the cane's usefulness and efficacy in keeping mischievous teenage schoolboys in order, Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. One consequence of the perceived collapse in school discipline has been a tendency for some (especially immigrant-descended) parents to send their teens abroad to complete their secondary studies, often to Africa or the Caribbean, where a stricter and more structured education, including CP where necessary, is still available. WebPunishments in schools is a large area of dispute and has been for decades. [200] Striking the buttocks (or sometimes hands) with a rubber-soled gym shoe, or plimsoll shoe (called slippering), was also widely used in many schools. A federal law was implemented in 1998 which banned school corporal punishment. This was a rare case of the media writing about the existence of the slipper in their coverage of school CP, which usually dealt only with the cane. In fact it had no such effect, and the Head Teachers' union advised its members to continue to be "cautious" about using CP on girls. Verbatim record of a House of Commons debate on the March 1998 legislation which had the effect of banning corporal punishment in all private schools in England and Wales, CP in state schools having been outlawed 11 years earlier. The National Policy for Children 2013 states that in education, the state shall "ensure no child is subjected to any physical punishment or mental harassment" and "promote positive engagement to impart discipline so as to provide children with a good learning experience". The move failed, but the debate is not without interest. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) No source is cited for this claim. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. Purley High School for Boys WebThis judgement led indirectly to the use of the tawse (and all other forms of corporal punishment) being banned by law in UK state schools. In the UK, this is a state high school for boys aged 11 and over. 9146/80 Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare bottom. This campaign gave rise to a joke on the left of the NUT that NASUWT stood for "National Association of Sadists and Union of Women Torturers". Most had anticipated the legislation and abandoned CP voluntarily several years earlier. Covers the UK only, with a major emphasis on school CP but also some interesting material about judicial and military juvenile punishments of the past. Her approach is an extreme "children's rights" one - she clearly holds that it is quite immaterial what the teachers and parents might think, and that the child's supposed "right" not to be spanked overrides anything his parents say. (To a cynical young audience today, this will no doubt sound like what is inevitably nowadays called "abuse", but it felt perfectly reasonable in the context of the time.). Copyright C. Farrell 2008-2021 In 1977, the Supreme Court ruling in Ingraham v. Wright held that the Eighth Amendment clause prohibiting "cruel and unusual punishments" did not apply to school students, and that teachers could punish children without parental permission. In these schools the punishment might be applied either to hands (especially in the case of girls) or to behinds, often depending on the whim of the teacher. [182][183] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they are just as likely to be caned as boys. In some schools, every teacher had his or her own "slipper". [96], Corporal punishment in public schools was banned in 1914, but remained de facto commonplace until 1984, when a law banning all corporal punishment of minors, whether in schools or in the home, was introduced. Then in 1977/78 came the National Union of School Students, marginally longer-lasting but scarcely any more representative of pupils generally. [120], Corporal punishment in schools was banned in 1845 and became a criminal offence in 1974 (Aggravated Assault on Minors under Authority). Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. [192], In state-run schools, and in private schools where at least part of the funding came from government, corporal punishment was outlawed by the British Parliament on 22 July 1986, following a 1982 ruling by the European Court of Human Rights that such punishment could no longer be administered without parental consent, and that a child's "right to education" could not be infringed by suspending children who, with parental approval, refused to submit to corporal punishment. In the remaining private schools it was banned in 1999 in England and Wales, 2000 in Scotland, and 2003 in Northern Ireland. [158][159][160], Corporal punishment is legal in Singapore schools, for male students only (it is illegal to inflict it on female students) and fully encouraged by the government in order to maintain discipline. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. Many NUT members in the union's mainstream, and certainly the great majority of members of all the other teaching unions, were not at all in favour of abolition. At many schools these formal canings would be administered privately, often in the head's or deputy head's office or in the staffroom. To that extent the plaintiffs, who had initially claimed a breach of Article 3 ("inhuman or degrading treatment or punishment"), in fact lost their case, a fact almost unnoticed when the outcome was reported. On this Wikipedia the language links are at the top of the page across from the article title. [19] In addition, the Article 336 (since 2006) of the Labor Code of the Russian Federation states that "the use, including a single occurrence, of educational methods involving physical and/or psychological violence against a student or pupil" shall constitute grounds for dismissal of any teaching professional. Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. [44], In Australia, caning used to be common in schools for both boys and girls but has been effectively banned since the late 80's, with the practice gradually abandoned up to a decade earlier as cultural and social norms shifted. Webjudicial corporal punishment example 27 Feb. judicial corporal punishment example. "[146], Article 89 of the Pakistan Penal Code does not prohibit actions, such as corporal punishment, subject to certain conditions (that no "grievous hurt" be caused, that the act should be done in "good faith", the recipient must be under 12 etc.). [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. The Friends Reunited evidence Education Act 1996, section 548 [204][205] This was wielded in primary as well as secondary schools for both trivial and serious offences, and girls got belted as well as boys. There is some movement of changing negative disciplining methods to positive ones (non-corporal), such as teaching students how to improve when they perform badly via verbal positive reinforcement.[188]. According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. Wind forward nearly 70 years, and their unique, historic memories - and the sense of camaraderie and community that came with them - are marked in print and picture. Punishment of this type was used in schools up until 1988/ 90 when it was banned. [124] In November 2007, in response to a perceived increase in indiscipline among female students, the National Seminar on Education Regulations (Student Discipline) passed a resolution recommending allowing the caning of girls at school. Clearly, all the school authorities actually did wrong was to fail to spell out, in their information to prospective parents, that corporal punishment was a possible consequence of misbehaviour -- though I think they might have been forgiven for assuming that anybody who knew anything about anything would have been perfectly well aware that that was an entirely normal practice at boys' independent prep schools at the time. In early 2007, a southern Auckland Christian school was found to be using this loophole to discipline students by corporal punishment, by making the student's parents administer the punishment. Others, though, including probably most politicians and "experts", will still defend abolition as the right decision on balance, or at least as inevitable under European human-rights legislation. The method has been criticised by some children's rights activists who claim that many cases of corporal punishment in schools have resulted in physical and mental abuse of schoolchildren. 144329 / Circular 9/82 / Re: The Abolition of Corporal Punishment in National Schools", "Circular M5/82 / Abolition of Corporal Punishment in Schools in respect of Financial Aid from the Department of Education", "Non-Fatal Offences Against the Person Act, 1997, Section 24", "Non-Fatal Offences Against the Person Bill, 1997: Second Stage", Corporal punishment of children in Israel, "Children's Rights in Israel: An End to Corporal Punishment? As reported in these February 2005 news items, the highest court in the land dismissed their claims, upholding government and parliament in the 1998 blanket prohibition of all and any school CP. Section 139A prohibits anyone employed by a school or early childhood education (ECE) provider, or anyone supervising or controlling students on the school's behalf, from using force by way of correction or punishment towards any student at or in relation to the school or the student under their supervision or control. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it Text of England and Wales law banning corporal punishment in all schools Some of the rugby shorts seen here probably cover painful "tramlines" acquired during a recent visit to the headmaster's study -- in some cases perhaps voluntarily. [212], By the 1970s, in the wake of the protest about school corporal punishment by thousands of school pupils who walked out of school to protest outside the Houses Of Parliament on 17 May 1972, corporal punishment was toned down in many state-run schools, and whilst many only used it as a last resort for misbehaving pupils, some state-run schools banned corporal punishment completely, most notably, London's Primary Schools, who had already began phasing out corporal punishment in the late 1960s. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. WebWhat was corporal punishment in schools in England? (7) National Association of Schoolmasters/Union of Women Teachers. And as recently as 2012 the co-founder and chairman of the governors of the most high-profile of the then brand-new so-called "Free Schools" said he would happily restore CP if it were allowed. [25], A number of medical, pediatric or psychological societies have issued statements opposing all forms of corporal punishment in schools, citing such outcomes as poorer academic achievements, increases in antisocial behaviours, injuries to students, and an unwelcoming learning environment. If the modern system of "school choice" had been in operation then -- or even if the local education authority had made an effort quietly to find ways of satisfying the requirements of a tiny number of (in my personal view) cranky parents, instead of being so arrogant and rigid about the whole thing -- the case would never have got off the ground and things might have gone differently over the last 40 years. What did CP in British schools involve? [7] They say that evidence links corporal punishment of students to a number of adverse outcomes, including: "increased aggressive and destructive behaviour, increased disruptive classroom behaviour, vandalism, poor school achievement, poor attention span, increased drop-out rate, school avoidance and school phobia, low self-esteem, anxiety, somatic complaints, depression, suicide and retaliation against teachers". 1992 judgment by the Human Rights Court about a seven-year-old who was slippered at a boarding prep school. [228][229] The caning of girls is not particularly unusual, and girls are as likely to be caned at school as boys.[230][231][232]. [161] Only a light rattan cane may be used. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. The boy's mother removed him from the school shortly afterwards, but persisted with this legal action, which must have cost the taxpayer many thousands of pounds. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare It was located in the extensive docks area near Tower Bridge in the East End of London. [6] It lets school officials stand in for parents as comparable authority figures. [121][122], Caning, usually applied to the palm or clothed bottom, is a common form of discipline in Malaysian schools. The article is illustrated with pictures of a gym shoe said to have been used for the purpose at a different school in the 1970s. Web(1) Corporal punishment given by, or on the authority of, a member of staff to a child (a) for whom education is provided at any school, or (b) for whom education is provided, In effect she seems to be saying that the Court of Appeal reached the right conclusion but for quite the wrong reasons. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. [4][5], In the English-speaking world, the use of corporal punishment in schools has historically been justified by the common-law doctrine in loco parentis, whereby teachers are considered authority figures granted the same rights as parents to discipline and punish children in their care if they do not adhere to the set rules. According to the Committee on the Rights of the Child, "Children do not lose their human rights by virtue of passing through the school gates the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline". DFEECircular No 10/98 [7], An estimated 1 to 2 percent of physically punished students in the United States are seriously injured, to the point of needing medical attention. This kind of arrangement seems to have been typical of many secondary schools. See likewise Children sent to Caribbean for 'basic' schooling, a news report from July 1996, and UK Ugandans rush kids to Kampala schools, from May 1998. [166] Other more conservative regions are governed by a national law enacted in 2011 which states that while caning is generally forbidden, it can be used indirectly to maintain school discipline. [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. [23][89], Colombian private and public schools were banned from using "penalties involving physical or psychological abuse" through the Children and Adolescents Code 2006, though it is not clear whether this also applies to indigenous communities. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." Stephen Fry on Corporal Punishment The dissenting judges argued that the ritualised nature of the punishment, given after several days and without parental consent, should qualify it as "degrading punishment".[218]. Black students are two to three times as likely as their white peers to experience corporal punishment, and boys make up about 80% of those subjected to the practice. Anecdotal evidence suggests that boys tended to be caned harder than girls. Such punishment continues to be used,[227] and there are frequent media reports of excessive corporal punishment in schools. In Manchester it seems to have been left up to individual schools, with a culprit at boys-only establishments such as St Augustines RC being asked to bend over a chair to be strapped, while his opposite number at one of the city's mainstream co-ed schools would often have to hold out his hands, following the Newcastle/Scotland model. [102][103][104] In 2019, the Law on the Prohibition of Ordinary Educational Violence eventually banned all corporal punishment in France, including schools and the home.[105]. Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. [126], The Education Act of 2008 prohibits all corporal punishment in schools. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". Committee on the Rights of the Child (2001). [99] The systematic use of corporal punishment has been absent from French schools since the 19th century. According to the Children and Adolescents Code, "The child and adolescent has the right to good treatment, comprising a non-violent upbringing and education Any physical, violent and humiliating punishment is prohibited". 14229/88 Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). Only two LEAs laid down a maximum number of strokes (East Sussex, 3 strokes; Durham, 6 strokes). [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. He went on to observe that "nature provided a special place for boys to be punished upon and it should be used". The use of corporal punishment in schools was prohibited by the South African Schools Act, 1996. Such documentary evidence as is available tends to show that third-, fourth- and fifth-formers (ages 13 to 16 inclusive) were by far the most frequent beneficiaries. The case concerned two Scottish boys [77], In many parts of Canada, 'the strap' had not been used in public schools since the 1970s or even earlier: thus, it has been claimed that it had not been used in Quebec since the 1960s,[78] and in Toronto it was banned in 1971. Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. This is the legislation voted into law on 25 March 1998, which took effect the following year. They suggest that student self-governance can be an effective alternative for managing disruptive classroom behaviour, while stressing the importance of adequate training and support for teachers. Nowadays, it is explicitly prohibited in sections 2.9 and 3.7 of the Education Act 1998,2 amended 2008: "Corporal punishment or other humiliating forms of treatment must not be used. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. [156][157] Harsh caning of girls and boys remains very common in schools. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. [citation needed] In late 1987, about 60% of junior high school teachers felt it was necessary, with 7% believing it was necessary in all conditions, 59% believing it should be applied sometimes and 32% disapproving of it in all circumstances; while at elementary (primary) schools, 2% supported it unconditionally, 47% felt it was necessary and 49% disapproved. There was the odd exception like Northwich Girls' Grammar School; but even there, the formidable Miss Janet Dines claimed she had hardly used the cane in ten years before the event that got her into all the newspapers in 1976. In 2008 a new round of controversy over the issue was set off when a survey found that one teacher in five, and almost a quarter of all secondary-school teachers, would still like to see corporal punishment reinstated. European Court of Human Rights, Strasbourg, 25 March 1993", "The States Where Teachers Can Still Spank Students", "Prohibition of all corporal punishment in Venezuela (2007)", "Promoting positive discipline in school", VIET NAM BRIEFING FOR THE HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW 5th session, 2008, "Hanoi in shock after teacher beats primary school students for being late - VnExpress International", "SCHOOL CORPORAL PUNISHMENT: video clips: Vietnam - caning of schoolgirls", "SCHOOL CORPORAL PUNISHMENT: video clips: Vietnam - caning of secondary boys and girls", https://en.wikipedia.org/w/index.php?title=School_corporal_punishment&oldid=1136396437, Articles with Spanish-language sources (es), All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, CS1 Chinese (Malaysia)-language sources (zh-my), Articles with dead external links from July 2021, Short description is different from Wikidata, Articles with unsourced statements from December 2021, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from December 2021, Articles with unsourced statements from July 2020, Articles with unsourced statements from August 2009, Articles lacking reliable references from March 2018, Articles with unsourced statements from July 2021, Creative Commons Attribution-ShareAlike License 3.0, Americans for a Society Free from Age Restrictions, This page was last edited on 30 January 2023, at 03:29. If administered vigorously, this would leave painful weals or "tramlines" across the student's posterior lasting several days, and often some bruising as well. A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). Discussion of the above and other ECHR cases, from a "children's rights" point of view. [209] In a few English cities, a strap was used instead of the cane. [41], Corporal punishment of minors in the United States, According to the Global Initiative to End All Corporal Punishment of Children, all forms of corporal punishment in schools are outlawed in 128 countries as of 2016. The school should have a register where date, reason, name of pupil and of administering teacher, together with the number of strikes, is to be recorded. In most of continental Europe, school corporal punishment has been banned for several decades or longer, depending on the country (see the list of countries below). L. Rev. Slippering and caning were used to some degree, but the cane here was more likely to be applied, if at all, to the palm of the hand than elsewhere, and would tend to be a shorter and lighter instrument than the 36-inch cane often used at secondary level. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. "[154], Corporal punishment was first explicitly prohibited in schools in article 67 of the Law on Public Schools 1929, passed in the Kingdom of Yugoslavia, of which Serbia was then a part. [11] And according to the Society for Adolescent Medicine, "The use of corporal punishment in schools promotes a very precarious message: that violence is an acceptable phenomenon in our society. Corporal Punishment Archive More informally, the "slipper" -- something of a euphemism: in fact it was normally a big, heavy gym shoe or plimsoll -- was widely used for instant, unofficial discipline over the clothed seat of both sexes (though, again, many more boys than girls), typically in the presence of classmates. I note from former Brighton College students' reminiscences formerly at Friends Reunited (website now closed down) that Mr Blackshaw was not averse to dishing out six of the best in other cases, so arguably he let Matthew off rather lightly. Corporal punishment [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. Spare the Rod [3] There is a vast amount of literature on this, in both popular and serious culture. As far as is known, corporal punishment was nowhere systematically made a matter of choice either for parents or students, as is nowadays routine in some American schools. 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