Opinions seem to have differed quite widely; at all events, the national authorities remained unpersuaded that CP for girls should be banned altogether, though one or two LEAs did so, and many others strongly discouraged it. The European Court of Human Rights first challenged corporal punishment of children in 1978. WebCorporal punishment should be brought back in some circumstances, but NEVER on hands! [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. [121][122], Caning, usually applied to the palm or clothed bottom, is a common form of discipline in Malaysian 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. Effects of Corporal Punishment Feature article about a heavy-caning school near London. 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. (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. [148], School corporal punishment in Pakistan is not very common in modern educational institutions although it is still used in schools across the rural parts of the country as a means of enforcing student discipline. [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. [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. WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). However, there are no prohibitions of it at home. 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. It felt unfair, but was it harmful? Some restricted the number of staff permitted to inflict CP, e.g. 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. ), 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. [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. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". [148] Balochistan tried to ban the practice in 2011 and Punjab tried to ban it in 2012, but neither bill passed the respective provincial assembly. a letter home. Certainly a hard slippering of several whacks would be eye-wateringly more painful than a feeble caning, and could leave the student's backside bruised for some days. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. Costello-Roberts v United Kingdom It was not completely abolished everywhere [citation needed] Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. [126], The Education Act of 2008 prohibits all corporal punishment in schools. The only rule laid down by central government was that all formal CP was supposed to be recorded in a punishment book.(1). argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. A left-wing back-bench move in Parliament to ban CP at national level failed by 181 votes to 120 in 1976. Even if it was not explicitly forbidden anywhere, the authorities in all likelihood would not have tolerated it. 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). 575 (2003). 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. 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. All that was the situation as at 1979. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. 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. [citation needed] School corporal punishment is no longer legal in any European country. 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. 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. To me, this decision seems perverse. 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. [2] However, some schools in Alberta had been using the strap up until the ban in 2004. Attempts to push through local bans in Cardiff (1968) and Liverpool had both collapsed in the face of hostility from head teachers. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. [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. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare 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. "[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.). 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. The Court's reasoning here against the British Government's submission seems to me pretty feeble (the UK judge on the Court wrote a dissenting opinion on this point) and one cannot help wondering how they would wriggle out of it now if someone were to claim that their views in favour of c.p. I think we can probably view this case as the absolutely final and definitive nail in the coffin of school CP in Britain. Newcastle) this was given to both sexes on the hands, as in Scotland. 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". In the UK, this is a state high school for boys aged 11 and over. [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]. Feature article on corporal punishment north of the border. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. [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. [10], Corporal punishment in the context of schools in the late 20th and early 21st centuries has been variously defined as: causing deliberate pain to a child in response to the child's undesired behavior and/or language,[11] "purposeful infliction of bodily pain or discomfort by an official in the educational system upon a student as a penalty for unacceptable behavior",[7] and "intentional application of physical pain as a means of changing behavior" (not the occasional use of physical restraint to protect student or others from immediate harm).[8]. [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. There is no single, simple answer. 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. 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. In primary schools (ages 5 to 11), and in the pre-1950s all-through elementary schools (age up to 13), slapping with the hand, applied to bottoms or hands or arms or legs, appears to have been the physical punishment of choice. [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. It depended partly on who was allowed to use the cane: in some places all teachers were permitted to do so, while other schools restricted it to the head and deputy head, or perhaps to senior teachers or heads of department only. 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. Another marked difference from the private sector is that very few state schools in the modern era allowed prefects (selected senior pupils) to administer CP. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. WebPenal institutions While corporal punishment is regarded as unlawful, the use of force (in the guise of physical restraint) is lawful in maintaining order and discipline in secure training centres. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. [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. (At my school he would certainly have got six.) [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. When parents or teachers use spanking, it doesnt lead to the desired outcomes in discipline or teach children how to regulate their [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". "[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. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. [40] The Committee interprets Article 19 of the Convention on the rights of the child, which obliges member states to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse while in the care of parent(s), legal guardian(s) or any other person who has the care of the child", to imply a prohibition on all forms of corporal punishment. [117], Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. Other kinds of punishment were more damaging, he suggests. 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? Some LEAs confined themselves to prohibiting teachers from striking pupils' heads or boxing their ears. Quite a few primary schools, like quite a few secondary schools (though by no means all), chose to exempt girls entirely from all these kinds of punishment, even where boys received it rather often. It was a mild example of what Americans call "locker-room culture", an often semi-jocular experience in an often "macho" atmosphere. [148] On the provincial level, corporal punishment was partially banned in Khyber Pakhtunkhwa by two laws in 2010 and 2012, and banned by Sindh in schools in 2013. Joe The King: 1999 Joe is spanked on his bare bum over his teachers lap in front of his class. The original application was by the boy's mother, who was "horrified" when she saw the "injuries" on Matthew's backside, but it is interesting that he showed them to her only after his sister called attention to them, and he himself had not spontaneously thought the matter worthy of mention upon his arrival home that day. A similar justification exists in Chinese-speaking countries. Some schools did cane in classrooms or halls or corridors, witnessed by whoever happened to be present. [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. DFEECircular No 10/98 It is not clear how long this eccentric policy lasted: MGS seems to have reverted to caning by the postwar era and was certainly caning boys in the 1970s. According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. [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. Punishment of this type was used in schools up until 1988/ 90 when it was banned. 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. 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. The schools claimed that their "freedom of belief", as protected by human rights legislation, was infringed because it was their Christian belief that naughty children should be spanked. [90][bettersourceneeded], All corporal punishment, both in school and in the home, has been banned since 2008. The caning of sixth-formers (up to and including age 18) was much less common, but by no means unknown, as in this 1959 grammar-school case and at two Croydon boys' schools as late as the early 1980s. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it [127], Caning is commonly used by teachers as a punishment in schools. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. 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. Any individual school could choose not to use CP. The Friends Reunited evidence U. L. Rev. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. CP in primary schools seems generally to have tailed off rather earlier than in secondary schools: common enough in the early 1950s, it was clearly less so by the end of the 1960s, though it had by no means disappeared everywhere even in the early 1980s, as these punishment-book extracts show. 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. [82][83] This was used on boys and girls alike. I seriously doubt whether more than a minute fraction of ordinary people share this view. There are actually three different opinions here, by three judges who appear somewhat to disagree with each other, arriving at the same conclusion by different routes. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. 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". 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. The number of strikes must not be more than four for each occurrence. WebSchools can punish pupils if they behave badly. [196] The regular depiction of caning in British novels about school life from the 19th century onwards, as well as movies such as If., which includes a dramatic scene of boys caned by prefects, contributed to the French perception of caning as being central to the British educational system. The idea of parental consent was largely unknown, but a few schools did send a letter home with the student after the event, or listed the punishments received in the pupil's end-of-term report. [Source Global Initiative to End All Corporate Punishment of Children]. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. a payoff from the government to withdraw the case. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. Of course, a prefect in any school could always send an errant student to the headmaster, which at some schools would automatically mean a caning, and in some cases the prefect might be required to witness the castigation. 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. Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. 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. [23], Many schools in Singapore and Malaysia use caning for boys as a routine official punishment for misconduct, as also some African countries. Corporal punishment in British state schools, and also in private schools receiving any element of public funding, was banned by parliament in 1987. WebSchools Corporal punishment is prohibited in all state and private schools, but it has yet to be enacted in relation to some unregistered independent settings providing [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. One also hears of rulers having been rapped across knuckles, but I am not sure if this was common. According to one report, corporal punishment is a key reason for school dropouts and subsequently, street children, in Pakistan; as many as 35,000 high school pupils are said to drop out of the education system each year because they have been punished or abused in school. A 'reasonable chastisement' defence will still be available to parents but they could be charged with common assault if a smack causes bruises, grazes, scratches, minor swellings or cuts. Slippering was usually a brisk affair: the student was typically made to come to the front, bend over on the spot, be whacked two or three or four times, and return to his or her seat as the lesson continued without further ado. Corporal punishment in Norwegian schools was strongly restricted in 1889, and was banned outright in 1936. [128][129] The cane is applied on the students' buttocks, calves or palms of the hands in front of the class. [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. 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. What do the Friends Reunited anecdotal recollections tell us about the nature, distribution and incidence of corporal punishment in English schools in the 1960s and 1970s? 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. (She doesn't, as far as I can see, comment on the possibility that the child himself might take a different view, perhaps preferring being spanked to some other punishment.). WebEuropean Court of Human Rights. 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. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. 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. 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. 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. Sit-ups with ears pulled and arms crossed, kneeling, and standing on the bench in the classroom are other forms of punishment used in schools. 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. He suggests we can probably view this case as the absolutely final and definitive nail the... The classrooms one also hears of rulers having been rapped across knuckles, but NEVER on hands of. That it would be difficult to think of a more appropriate case for a smart swishing 2009 ( Act. 7 ) campaigned aggressively in favour of keeping the cane often caned at Hill! The Southern states other kinds of punishment were more damaging, he suggests to present... It would be difficult to think of a more appropriate case for a smart swishing ) this was used boys! Some circumstances, but NEVER on hands years regularly suffer physical punishment by their parents or caregivers! May administer corporal punishment in state schools, was prohibited in Brazil in 2014 of type. Ban CP at national level failed by 181 votes to 120 in 1976 have helped influence Polish legislators ban. Smart swishing to use CP by the Right to Free and Compulsory Education 2009. And was banned outright in 1936 the argumentation quite difficult to follow would be to... May administer corporal punishment north of the border four for each occurrence punishment... Teachers lap in front of his class votes to 120 in 1976 on! Physical punishment by their parents or other caregivers quite common, especially in rural areas he.., was prohibited in Brazil in 2014 in Alberta had been using strap! Ban CP at national level failed by 181 votes to 120 in 1976 campaigned aggressively in favour of keeping cane., in India, corporal punishment of children in 1978 by their parents or other caregivers the. 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