Much more often, though, in the rare instances where corporal punishment cases reached the stage of prosecution, heads and teachers were vindicated by the courts, which generally upheld the punishment as "reasonable" and therefore lawful. Liberal regions in South Korea have completely banned all forms of caning beginning with Gyeonggi Province in 2010, followed by Seoul Metropolitan City, Gangwon Province, Gwangju Metropolitan City and North Jeolla Province in 2011. [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. [222] Students can be physically punished from kindergarten to the end of high school, meaning that even legal adults who have reached the age of majority are sometimes spanked by school officials. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. Two others, Kingston and Richmond, much more sensibly, came close to saying the opposite -- that caning of the hands was strongly discouraged as potentially injurious. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the kindergarten, primary school, or other more junior levels. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. "[116] Soon after, a new Pupils' Rights Law, 5760-2000 established (art. A few schools made the slipper their "official" implement, administered it formally in the office, entered the slipperings in the punishment book, and did not use the cane at all. For some early such cases, see this Dec 1900 news item and this May 1903 one (the latter being interesting also for its use by the magistrate of the colloquial term "to be swished" meaning to be caned) and this Nov 1933 one. Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. 10) that "it is the right of every pupil that discipline be maintained in the Headmasters, too, could be robust in defence of their right to use corporal punishment, as seen in this June 1968 report from their annual conference. To put this in context, it should be remembered that the 1970s and early 1980s in Britain was a period when the extreme left was successfully infiltrating many local Labour Parties and several trade unions. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. The court held that three whacks on the buttocks through shorts with a rubber-soled gym shoe, applied by the headmaster in private, did not constitute inhuman or degrading punishment. The only rule laid down by central government was that all formal CP was supposed to be recorded in a punishment book.(1). School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. WebCorporal punishment is illegal in schools in a total of 132 countries. WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. Education Act 1996, section 548 [20] In the 1960s, Soviet visitors to western schools expressed shock at the canings there. A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). At secondary level, a rattan cane (not bamboo as often wrongly stated) perhaps 36 to 40 inches long would be a typical implement, especially for disciplining boys. In Scotland, it was banned in 2000, and in Northern Ireland in 2003. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. This document, in which the European Human Rights Commission ruled in 1986 that the case was inadmissible, describes the two-stroke caning of an 11-year-old boy in 1979 for throwing a conker at a girl, breaking her glasses. See news report of 14 November 1992, Public schoolboy awarded 8,000 for caning ordeal, which includes a picture of Matthew, by then aged 25. Other kinds of punishment were more damaging, he suggests. The case concerned two Scottish boys [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. In addition, the obligation of member states to prohibit corporal punishment in schools and elsewhere was affirmed in the 2009 Cairo Declaration on the Convention on the Rights of the Child and Islamic Jurisprudence. [7] The AAP recommends a number of alternatives to corporal punishment including various nonviolent behaviour-management strategies, modifications to the school environment, and increased support for teachers. He had previously been caned at his prep school, without complaint. "[114], Corporal punishment in Italian schools was banned in 1928. [151] Peter Newell assumes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Royal College of Paediatrics and Child Health, National Association of Secondary School Principals, History of youth rights in the United States, Quebec Charter of Human Rights and Freedoms, United Nations Convention on the Rights of the Child, Community Alliance for the Ethical Treatment of Youth, International Falcon Movement Socialist Educational International, National Union of Students LGBT+ Campaign, French petition against age of consent laws, Legal status of tattooing in European countries, Legal status of tattooing in the United States, Parliamentary Assembly of the Council of Europe, Inter-American Commission on Human Rights, African Committee of Experts on the Rights and Welfare of the Child, School corporal punishment in the United States, Canadian Foundation for Children, Youth and the Law v. Canada, Crimes (Substituted Section 59) Amendment Act 2007, Christian Education South Africa v Minister of Education, R (Williamson) v Secretary of State for Education and Employment, School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention, Student/Parent Information Guide and Code of Conduct 2008-2009, "United Kingdom: Corporal punishment in schools", "Corporal punishment in schools: position paper of the Society for Adolescent Medicine", "Corporal punishment in U.S. public schools: Prevalence, disparities in use, and status in state and federal policy", "School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention", "Spanking Lives On In Rural Florida Schools", Education (Corporal Punishment) (Northern Ireland) Order 1987, "School Standards and Framework Act 1998", "North Korean Defectors Face Huge Challenges", "Chinese schools try to unlearn brutality", "More Harm Than Good: A Summary of Scientific Research on the Intended and Unintended Effects of Corporal Punishment on Children", "H-515.995 Corporal Punishment in Schools", "Guidance for effective discipline. (See list of countries, below.). Anecdotal evidence suggests that boys tended to be caned harder than girls. Effects of Corporal Punishment Stretching Forward to Learn R (Williamson) v Secretary of State for Education and Employment (2005) was an unsuccessful challenge to the prohibition of corporal punishment contained in the Education Act 1996, by several headmasters of private Christian schools who argued that it was a breach of their religious freedom. However, teachers in New Zealand schools had the right to use what the law called reasonable force to discipline students, mainly with a strap, cane or ruler, on the bottom or the hand. The only thing on which everybody seems to agree is that, for better or worse, there is no realistic prospect of CP ever being restored in Britain. WebSchools can punish pupils if they behave badly. [168][169][170] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they might be as likely to be caned as boys. [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. The Rules authorising this should be repealed. argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. [7], A number of international human-rights organizations including the UN Committee on the Rights of the Child, the Parliamentary Assembly of the Council of Europe, and the Inter-American Commission on Human Rights have stated that physical punishment of any kind is a violation of children's human rights.[37][38][39]. 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. [100] Corporal punishment is considered unlawful in schools under article 371-1 of the Civil Code. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. (At my own similarly ancient grammar school, this practice was said to have been stopped in the 1940s.) [123][124][125] There have been reports of students being caned in front of the class/school for lateness, poor grades, being unable to answer questions correctly or forgetting to bring a textbook. (7) National Association of Schoolmasters/Union of Women Teachers. A federal law was implemented in 1998 which banned school corporal punishment. [91], Corporal punishment is outlawed under Article 31 of the Education Act. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). But anti-CP campaigners used to complain that aggrieved parents rarely got a fair hearing in the courts. The beneficiary would emerge sore and stinging, but with suddenly a lot more free time. [221] It is still common in some schools in the South, and more than 167,000 students were paddled in the 20112012 school year in American public schools. The Commission was divided (there are three dissenting opinions) but the majority thought this particular caning, which caused weals, swelling and bruising, was, unlike other school cases considered, serious enough to be "degrading treatment" under Article 3 of the Convention. 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". Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. Corporal punishment in British state schools, and also in private schools receiving any element of public funding, was banned by parliament in 1987. At least one (Bradford) laid down that the punishment must follow as soon as possible after the offence. [225], Corporal punishment is technically unlawful in schools under article 75 of the Education Law 2005,[226] but there is no clear statement that corporal punishment is prohibited. 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). 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. "[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.). L. Rev. Application No. On 28 January 1997 the UK parliament debated reinstating CP in state schools, ten years after it was abolished. [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. [161] Only a light rattan cane may be used. Note that the Commission emphasises that such a school caning in a headmaster's study is an entirely different matter from judicial birching of the kind considered in the Isle of Man case, reaffirming once again that corporal punishment is not per se necessarily contrary to the Human Rights Convention. [3] There is a vast amount of literature on this, in both popular and serious culture. Common reasons for punishment include talking in class, not finishing homework, mistakes made with classwork, fighting, and truancy. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. [171], Spain banned school corporal punishment in 1985 under article 6 of the Right to Education (Organization) Act 8/1985. LEA rules from earlier periods include the long-defunct Middlesex in 1950 (girls to be caned "only in exceptional circumstances" and only on the hands; boys could be caned on the hands or buttocks) and Somerset in 1954 (CP only as a last resort; girls to be caned only in extreme cases, and never by male teachers). [189] Standard instructions for teachers provided by the Ministry of Science and Education state that a teacher who has used corporal punishment to a pupil (even once), shall be dismissed. This is the legislation voted into law on 25 March 1998, which took effect the following year. Most teachers would hold the implement by its heel and apply the sole to the offender, but some maintained that it was even more effective the other way round, with the heavier heel end being the part that made contact. By the early 1900s, most schools had abandoned corporal Mass punishments in front of the class are common, and the large number of corporal punishment scenes in films suggest that caning is an accepted cultural norm in education. He went on to observe that "nature provided a special place for boys to be punished upon and it should be used". Stephen Fry on Corporal Punishment [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]. No LEA banned corporal punishment altogether until 1979/80, when three Labour-controlled outer London boroughs took the abolitionist plunge, followed more famously in 1981 by the huge, Labour-controlled Inner London Education Authority (ILEA), which covered 12 London boroughs, a population of nearly 3 million, and getting on for 1,000 schools. Another example is this 1937 appeal hearing, in which a headmaster's conviction for assault was overturned, even though the caned boy was said in evidence to be severely bruised. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. 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. The Ministry of Education has stipulated a maximum of three strokes per occasion. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. A left-wing back-bench move in Parliament to ban CP at national level failed by 181 votes to 120 in 1976. [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. Much of it seems rather subjective, and I can't entirely avoid the feeling when reading judgments of this kind that the judges are, to put the matter in demotic terms, "just playing with words" or "making it up as they go along". There is no federal law addressing corporal punishment in public or private schools. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. I think we can probably view this case as the absolutely final and definitive nail in the coffin of school CP in Britain. There was no explicit legal ban on it,[101] but in 2008 a teacher was fined 500 for what some people describe as slapping a student. [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. At many schools these formal canings would be administered privately, often in the head's or deputy head's office or in the staffroom. educational institution in conformity with human dignity and, in that regard, he has the right not to be subjected to corporal or degrading disciplinary measures. Its use was particularly prevalent in the gym in the hands of physical education or "PE" teachers. In the relatively few places in England where the leather strap (tawse) rather than the cane was the instrument of choice, it too might be administered to the buttocks, at any rate for boys (as in Walsall and Gateshead), but in other places (e.g. Article 34 of the Law on Education 2012 states that students have the right to "(9) respect for human dignity, protection from all forms of physical or mental violence, injury personality, the protection of life and health"; article 43(3) states that "discipline in educational activities is provided on the basis of respect for human dignity of students and teachers" and "application of physical and mental violence to students is not allowed. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. Probably the most popular caning offence was smoking. [13], Britain itself outlawed the practice in 1987 for state schools[14][15][16] and more recently, in 1998, for all private schools.[17][18]. Encyclopaedia entry from 1911 summarising the state of the law at the time: teachers had the common-law right to chastise their pupils, not only for offences at school but also, under a court ruling of 1893, for those committed on the way to or from school, or during school hours. [41], Banned in 1813, corporal punishment was re-legalised in 1815 and physical punishments lasted legally until 1884, when their usage was banned (with the exception of court ordered punishments). CP in girls-only schools was, by all accounts, very rare. [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. 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. [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. [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]. By the late 2000s, over twenty years after CP was removed from state schools in 1987, there was still a lack of consensus on the issue, with many parents and commentators, some teachers and community leaders and even young people continuing to believe that moderate and properly regulated caning (or belting, in Scotland) helped to maintain order, and was a much more constructive response to serious misdeeds than suspension or expulsion, which merely grant a "holiday" to those who refuse to behave. 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. [175], Corporal punishment in schools is officially illegal under the Ministry of Education Regulation on Student Punishment 2005. Committee on the Rights of the Child (2001). [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. It is easier to list the few maverick oddities than to try to summarise the majority: thus, the tawse was specified instead of the cane in a handful of places, including Newcastle, Gateshead, Manchester (which changed over from the cane in 1907), and Walsall. [143] Teachers who administer corporal punishment can be found guilty of physical assault, resulting in termination and cancellation of teacher registration, and possibly criminal charges, with a maximum penalty of five years' imprisonment.[144]. School Education Regulations, s40, cf Criminal Code Act, s257. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". But it has now become "so culturally loaded as to be almost impossible to inspect", with all the talk of "abuse" causing "hysteria, madness and stupidity in almost everybody". "I'd pull their tracksuits down and cane their bare bottoms until their cheeks burned red and they wept with pain and shame", she wrote in the influential Daily Mail. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783. Caning in Private Schools, 1960s [84][80][85], In 2004 (Canadian Foundation for Children, Youth and the Law v. Canada), the Supreme Court of Canada outlawed corporal punishment in all schools, public or private. [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). Application No. It is interesting that the judge in that case deprecated caning on the hands and boxing the ears, and said they were "exceedingly dangerous forms of punishment". 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. Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. [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. [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. At all events, I have to say that after over an hour's careful perusal I put this document down feeling completely unconvinced that these private schools should be prevented by law from mildly spanking their students when necessary, if that is what the parents want. If challenged on the legality of this (as far as we know they never were), teachers would probably claim that they did not need to be entered in the book because they did not constitute formal CP. 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. But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. In some Middle Eastern countries whipping is used. Opponents, including many medical and psychological societies, along with human-rights groups, argue that physical punishment is ineffective in the long term, interferes with learning, leads to antisocial behavior as well as causing low self-esteem and other forms of mental distress, and is a form of violence that breaches the rights of children. Place for boys to be caned harder than girls historical drawings and numerous other illustrations as as. Act, s257 ] corporal punishment is outlawed under article 371-1 of Child. 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