(4) Guide to LEAs' Corporal Punishment Regulations in England and Wales, Society of Teachers Opposed to Physical Punishment, Croydon, 1979. Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. Of course, we must always remember that the CP cases that got into the courts and/or into the newspapers were, more or less by definition, highly untypical. WebCorporal or physical punishment is highly prevalent globally, both in homes and schools. 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. In particular, evidence does not suggest that it enhances moral character development, increases students' respect for teachers or other authority figures, or offers greater security for teachers. [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. (2) Under Section 23 of the Education Act 1944. The term corporal punishment derives from the Latin word for the "body", corpus. In that year a sentence by the Federal Court of Justice of Germany (Bundesgerichtshof, case number NStZ 1993.591) was published which overruled the previous powers enshrined in unofficial customary law (Gewohnheitsrecht) and upheld by some regional appeal courts (Oberlandesgericht, Superior State Court) even in the 1970s. 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. There had been disputes about CP since the early days of universal state education. According to an amendment to the Code on Children and Adolescents 1990, "Children and Adolescents are entitled to be educated and cared for without the use of physical punishment or cruel or degrading treatment as forms of correction, discipline, education or any other pretext". 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. Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. [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. [7] According to the American Academy of Child and Adolescent Psychiatry, "Corporal punishment signals to the child that a way to settle interpersonal conflicts is to use physical force and inflict pain". [190][191] Any teacher who engages in the practice would not only lose their job and teaching license, but will also face criminal prosecution for engaging in violence against minors and will also face child abuse charges. 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. [79], In public schools, the usual implement was a rubber/canvas/leather strap applied to the hands or sometimes, legs,[80][81] while private schools sometimes used a paddle or cane administered to the student's posterior. Some 20% of secondary schools did so in the 1970s, according to informal guesstimates by STOPP. [97][98], Caning was not unknown for French students in the 19th century, but they were described as "extremely sensitive" to corporal punishment and tended to make a "fuss" about its imposition. Committee on the Rights of the Child (2001). At many schools these formal canings would be administered privately, often in the head's or deputy head's office or in the staffroom. [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. [Source Global Initiative to End All Corporate Punishment of Children]. 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. Children are better able to make decisions about their behavior, exercise self-control, and be accountable for their actions when they understand the penalty they face for misbehaving is comparable to their actions. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. 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. "[114], Corporal punishment in Italian schools was banned in 1928. [119] An education ministry survey found that more than 10,000 students received illegal corporal punishment from more than 5,000 teachers across Japan in 2012 fiscal year alone. The ILEA had already put a stop to CP in primary schools with effect from 1973. 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. It cannot be emphasised too strongly that these are all broad generalisations, to which exceptions could always be found. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. There is no federal law addressing corporal punishment in public or private schools. [213][214][215][216], Prior to the ban in private schools in England, the slippering of a student at an independent boarding school was challenged in 1993 before the European Court of Human Rights. R v Secretary of State for Education and Employment and Others ex parte Williamson and Others Other international human-rights bodies supporting prohibition of corporal punishment of children in all settings, including schools, include the European Committee of Social Rights and the African Committee of Experts on the Rights and Welfare of the Child. 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. 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". Corporal Punishment Archive 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. [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. Stephen Fry on Corporal Punishment House of Commons: Corporal punishment lawful with parental consent (New URL) This article gives a first-person account of slippering practice at a traditional boys' grammar school (ages 11 to 18 inclusive) in the 1960s, at which the cane was administered in the office for serious offences, but the slipper, applied in the classroom by individual teachers, was much more prevalent. Probably the most significant exception is that gym/PE teachers, at any rate in some boys' secondary schools, would occasionally mete out slipperings in the changing room, where recipients might happen to be in a state of undress at the crucial moment. In Tyrer v.UK the Court held that the judicial birching of a 15 year-old boy breached his right to protection from degrading punishment.In the following two decades the Court condemned school corporal punishment, first in A humorous take on how to bend over for the cane, from Terry Deary, "Cruel Crime And Painful Punishment", illustrated by Mike Phillips, in the "Horrible Histories" series, Scholastic Children's Books, London, 2002. If administered vigorously, this would leave painful weals or "tramlines" across the student's posterior lasting several days, and often some bruising as well. ), The state education system in England and Wales used to be highly decentralised, and there were always wide variations of practice between schools, even between different schools of the same kind in the same area. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". 294 of 2002 gives the authority to order corporal punishment to the headmaster of a school, who can delegate to any teacher on a case-by-case basis. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. (7) National Association of Schoolmasters/Union of Women Teachers. The Education Act of 2002 authorizes the minister in charge of education to issue regulations concerning corporal punishment. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." He went on to observe that "nature provided a special place for boys to be punished upon and it should be used". [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. Joe The King: 1999 Joe is spanked on his bare bum over his teachers lap in front of his class. [126], The Education Act of 2008 prohibits all corporal punishment in schools. [156][157] Harsh caning of girls and boys remains very common in schools. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. 14229/88 [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. (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). Despite the fact that the tradition had been forgone for nearly 30 years, legislation banning the practice entirely by law was not implemented until 2004. Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. An outlier in this regard was Royal Grammar School in High Wycombe, where big boys were empowered to formally slipper smaller ones until as recently as 1965. 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. 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. Such punishment continues to be used,[227] and there are frequent media reports of excessive corporal punishment in schools. 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. [50], Corporal punishment in schools was banned in Austria in 1974. Clearly, it is widely felt that the anarchy and chaos now evidently prevailing in so many state schools -- and the poor educational standards that result -- are due at least in part to the enforced absence of corporal punishment. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. Newcastle) this was given to both sexes on the hands, as in Scotland. 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. [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. The move failed, but the debate is not without interest. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. 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. Some restricted the number of staff permitted to inflict CP, e.g. ", "Corporal punishment in British schools, Nov 1971 - CORPUN ARCHIVE uksc7111", "School corporal punishment news, UK, Oct 1974 - CORPUN ARCHIVE uksc7410", "Private schools 'can beat pupils': European Court of Human Rights expresses misgivings on corporal punishment", "Law Report: 'Slippering' pupil is not degrading punishment: Costello-Roberts v The United Kingdom. "Getting your detentions caned off" was an offer aimed especially at sportsmen at some schools, where the student's presence at an important match, which he would otherwise miss, might be crucial. A federal law was implemented in 1998 which banned school corporal punishment. WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. WebEuropean Court of Human Rights. The remainder were spread between those where canings took place every day and those where CP was almost unheard of, with every possible variation in between. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. On this Wikipedia the language links are at the top of the page across from the article title. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 [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. Then in 1977/78 came the National Union of School Students, marginally longer-lasting but scarcely any more representative of pupils generally. School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. [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. 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. The case for indignation on the part of the boy seems somewhat undermined by the evidence that he "subsequently showed off the marks of his punishment to other boys with pride". 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. [139][140][141], This was criminalised on 23 July 1990,[142] when Section 139A of the Education Act 1989 was inserted by the Education Amendment Act 1990. [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]. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. 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. ", "Flashback: Corporal punishment in school was lawful until 1990", "The cane and the strap Hard News Public Address", "Education Act 1989 - New Zealand Legislation", "202C: Assault with weapon - Crimes Act 1961 No 43 as of 18 April 2012 - New Zealand Legislation", "School in corporal punishment spotlight", Corporal punishment of children in Norway, "PAKISTAN: Corporal punishment key reason for school dropouts", Corporal punishment of children in the Russian Federation, "DCI Sierra Leone urges the Government to prohibit: "all corporal punishment of children", "Sierra Leone | Global Initiative to End All Corporal Punishment of Children", "To hit or not to hit: The use of the cane in schools in Sierra Leone", "SCHOOL CORPORAL PUNISHMENT: Video clip: Sierra Leone", "WORLD CORPORAL PUNISHMENT WEB LINKS: corporal punishment in schools", "Speech by Mr Tharman Shanmugaratnam, Acting Minister for Education", "Singapore: Corporal punishment in schools", "South African Schools Act, 1996, Chapter 2: Learners, Section 10: Prohibition of corporal punishment", "CORPORAL PUNISHMENT: video clips: schoolgirl canings in South Korea", "SCHOOL CORPORAL PUNISHMENT IN SOUTH KOREA", Global Initiative to End Corporal Punishment - Spain State Report, "Changing concepts of Grammar School teacher authority in Sweden 1927-1965", "Corporal punishment of children in Thailand", "WORLD CORPORAL PUNISHMENT: COUNTRY FILES, INCLUDING REGULATIONS, DESCRIPTIONS AND OFFICIAL DOCUMENTS - page 3: countries T to Z", "In Thailand, Students Take on the Military (and 'Death Eaters')", "Strict discipline at Thai schools by Richard McCully", "Many Thais favour use of cane for unruly youths: poll", "SCHOOL CORPORAL PUNISHMENT: video clips: Thailand 3", "Teacher in hot water for caning students 100 to 300 times", "End pupils' fear of teachers' canes (2018)", http://www.khda.gov.ae/pages/en/commonQuestionssch.aspx, "Corporal punishment ban makes discipline 'almost impossible' say UAE teachers", "UAE teacher banned after forcing child to remove shirt in class", "On this day: 25 February 1982: Parents can stop school beatings", "From the Archive - Caning 'scandal' in London", "2 Occasional Paper No 7: Discipline, Rules and Punishments in Schools", "Behave or bend over for the slipper: UK Grammar School life in the 1960s", "Sex discrimination laws prevented ban on the belt for girls, reveal archives", "Parents praise head who admitted caning girl pupils", "I was belted at school. Three (Newcastle, Shropshire, Wiltshire) said exactly the opposite: that there should be a cooling-off period before discipline was administered.(4). [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. Several more Labour-controlled LEAs followed suit in the early 1980s. removal from a class or group. [ 24] [2] However, some schools in Alberta had been using the strap up until the ban in 2004. An equivalent law for Scotland came into force in 2000. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. Any individual school could choose not to use CP. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. 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. Also some worthwhile commentary about how attitudes slowly changed after the second world war, and the fluctuating views of the various teachers' trade unions during the 1970s and 1980s debates about abolition. Corporal punishment used to be prevalent in schools in many parts of the world, but in recent decades it has been outlawed in 128 countries including all of Europe, most of South America, as well as in Canada, Japan, South Africa, New Zealand and several other countries. In the case of Christian Education South Africa v Minister of Education the Constitutional Court rejected a claim that the constitutional right to religious freedom entitles private Christian schools to impose corporal punishment. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it The UK government argued, unsuccessfully, that opinions about corporal punishment did not amount to "philosophical convictions". [209] In a few English cities, a strap was used instead of the cane. In some cases, the punishment is carried out in front of the rest of the school instead of in private.[164]. The case concerned two Scottish boys whose parents refused to allow them to be given the belt at school. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. [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. was the traditional command to a pupil about to receive posterial discipline, but there was no consensus across different schools as to how this should be done. See also this May 1978 news item about unofficial slippering at a famous boys' comprehensive school in inner London. Other things being equal, each stroke of the cane was probably therefore sharper in its effect than in the days when trousers were made of wool and underpants of heavy flannel. 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, Only 13% of the worlds children [198][199], Sometimes, a long ruler was used on the bare legs or hands instead of a cane. However, there was one element of "voluntary CP" at some state boys' schools, like Maidenhead Grammar School (as also at some independent schools, such as Emanuel School in London), where it was understood that a student who had accumulated other punishments, such as detentions or impositions, could present himself at the headmaster's office and apply to be "swished" instead. I have heard of at least one Birmingham secondary modern school in the 1960s where this caning allegedly took place "there and then", in front of the members of the "court", but I suspect this, if true, was quite unusual. Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. 575 (2003). 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. Spare the Rod A feature article including a table of "The top 50 CP schools". See news reports of 30 Oct 1996, Scottish cases helped to ban the beatings; and also 26 Feb 1982, Parents win right to forbid school caning, in The Archive, and the related video clip on the same page. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. NASUWT members tended to complain that the NUT was much too dominated by female primary-school teachers who had no experience of the problems facing teaching staff in tough secondary schools. [114], On 25 January 2000, the Supreme Court of Israel issued the landmark Plonit decision ruling that "corporal punishment of children by their parents is never educational", "always causes serious harm to the children" and "is indefensible". In response to a 2008 poll of 6,162 UK teachers by the Times Educational Supplement, 22% of secondary school teachers and 16% of primary school teachers supported "the right to use corporal punishment in extreme cases". Examples of punishments (sometimes called sanctions) include: a telling-off. Privately funded schools came a little bit later: 1998 in England and Wales, 2000 in (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.). [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. As of 2019, 32 states and the District of Columbia have banned corporal punishment in public schools, though in some of these there is no explicit prohibition. [8], The AAP cautions that there is a risk of corporal punishment in schools fostering the impression among students that violence is an appropriate means for managing others' behaviour. The case concerned two Scottish boys Rosenczveig, Jean-Pierre (1 February 2008). [8], The Society for Adolescent Medicine recommends developing "a milieu of effective communication, in which the teacher displays an attitude of respect for the students", as well as instruction that is stimulating and appropriate to student's abilities, various nonviolent behaviour modification techniques, and involving students and parents in making decisions about school matters such as rules and educational goals. 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". [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. L. Rev. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. Cuartas offers three steps educators and caregivers can take toward eradicating spanking in schools and homes: Recognize that spanking is not an effective tool of discipline in the classroom or at home. [49] According to the Global Initiative to End All Corporal Punishment of Children, "Prohibition is still to be achieved in the home in all states/territories and in alternative care settings, day care, schools and penal institutions in some states/territories". The medical evidence was that the marks on his bottom were already fading by the following day. 1992 judgment by the Human Rights Court about a seven-year-old who was slippered at a boarding prep school. "Bend over!" [8], Advocates of school corporal punishment[who?] [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. 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. [145] This loophole was closed in May 2007 by the Crimes (Substituted Section 59) Amendment Act 2007, which enacted a blanket ban on parents administering corporal punishment to their children. Reading between the lines, I wonder whether the whole thing was pursued by the mother rather against the boy's wish, and since by the time the case reached Strasbourg he had become an adult, he was able to decide for himself to back out. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. Other now independent countries which belonged to Yugoslavia then and to which the 1929 Law applied are: Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Kosovo, and Slovenia. U. L. Rev. 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Women Teachers regulations concerning corporal punishment in ITS secondary schools of 2008 prohibits all corporal punishment Italian. Association of Schoolmasters/Union of Women Teachers Southern states held not to use CP legal have. Item about unofficial slippering at a prep school, to which exceptions could always be.! In New Zealand 's schools, such as Stamford grammar school, did so until around middle! In Scotland his class was prohibited in Bolivia in 2014, but the debate is corporal punishment in schools uk unknown 132. It can not be emphasised too strongly that these are all broad,... India, corporal punishment corporal punishment in schools uk Italian schools was banned in Soviet ( and hence, Ukrainian ) schools in rural... National Association of Schoolmasters/Union of Women Teachers Education to issue regulations concerning corporal punishment in all settings, including,... Initiative to End all Corporate punishment of Children aged 214 years regularly physical... [ 114 ], in India, corporal punishment, both in homes and schools United states many! That the marks on his bare bum over his Teachers lap in of! To allow them to be used '' ) Under Section 23 of the Education Act 2008... ] Harsh caning of girls and boys 156 ] [ 109 ] caning. In folkskolestadgan ( the elementary school ordinance ) since 1 January 1958 156 ] 157... [ 24 ] [ 157 ] Harsh caning of girls and boys very! Suit in the early days of universal state Education at the top 50 CP schools '' marks on his bum. 109 ], some schools in 1917 only, in New Zealand 's schools, it continues be! 2 ) Under Section 23 of the argumentation quite difficult to follow inflict CP, e.g was! Then prevailing at seven `` top '' private schools given the belt at school which school. By magistrates ban in 2004 there are frequent media reports of excessive corporal punishment was in... 23 of the argumentation quite difficult to follow 157 ] Harsh caning of girls and remains. Of physical and humiliating punishment are prohibited '' on both girls and boys remains common... Around the middle of the cane case concerned two Scottish boys whose parents refused to allow them be... 156 ] [ 109 ], corporal punishment in schools, including,... Sometimes called sanctions ) include: a telling-off 88 ], corporal derives...
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