[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. The student might be asked to stand in front of it and put his or her hands or elbows on the seat, or to stand behind it and bend over its back. Its use was particularly prevalent in the gym in the hands of physical education or "PE" teachers. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. 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. 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 Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare bottom. (4) Guide to LEAs' Corporal Punishment Regulations in England and Wales, Society of Teachers Opposed to Physical Punishment, Croydon, 1979. 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. 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. This optional facility was known in some schools as "getting your detentions caned off". 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. [8], The AAP remarks that there has been "no reported increase in disciplinary problems in schools following the elimination of corporal punishment" according to evidence. (3) A point of view dating back at least to 1903. In this 1894 court case, a clearly out-of-control teacher was successfully prosecuted and fined for assault. [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. 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. 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. [3] There is a vast amount of literature on this, in both popular and serious culture. "Pants-down" punishment, not unknown in some private schools, was almost unheard of in the state sector in relatively modern times, especially from the 1960s onwards. It is a myth that abolition was overwhelmingly demanded by school pupils themselves. [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. 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. 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. [197], The implement used in many state and private schools in England and Wales was often a rattan cane, struck either across the student's hands, legs, or the clothed buttocks. [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. 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. 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". Manchester Grammar School was exceptional in going back from caning to birching in 1904 and in 1907 staunchly defending the practice as greatly preferable to caning. 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. WebPunishments in schools is a large area of dispute and has been for decades. The author finds that, "far from being a relic of a cruel Victorian past, corporal punishment became more frequent and institutionalised in 20th-century England", but seems to overlook the obvious fact that the main reason it became more prevalent was that the number of secondary-school students soared, as the age up to which education was compulsory was steadily increased by law over the decades. [176], The proverb "If you love your cow, tie it up; if you love your child, beat him" is still considered "wisdom" and is held by many Thai parents and teachers. [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. American Academy of Pediatrics. Global Initiative to End All Corporal Punishment of Children, Report of corporal punishment of children in Luxembourg 2013, Legilux, Lgislation sur les mesures de discipline dans les coles 2015, Department of Education, Administrative Memorandum 531, 1956. "Bend over!" ", "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. [ 24] [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. The Rules authorising this should be repealed. There is no federal law addressing corporal punishment in public or private schools. (At my school he would certainly have got six.) [201], In Scotland, a leather strap, the tawse (sometimes called a belt), administered to the palms of the hands, was universal in state schools,[202][203] but some private schools used the cane. In some countries, almost all students report being physically A feature article including a table of "The top 50 CP schools". [47][48], Legislation also varies among states and territories with regard to corporal punishment meted out to children in other care settings. 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. 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. 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. The number of strikes must not be more than four for each occurrence. Other kinds of punishment were more damaging, he suggests. [50], Corporal punishment in schools was banned in Austria in 1974. 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. 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. [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. It suggests that over a long period the idea that schoolteachers are to be regarded as in effect "substitute parents", and therefore should have the same disciplinary powers in law as parents, became gradually more and more questioned by the public, at least as far as ordinary day schools are concerned (the concept has always seemed to make more sense in relation to boarding schools). School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. This important document is the full Law Lords ruling in the case brought by a group of Christian schools against the 1998 legislative ban on corporal punishment in all schools, even private ones. [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. The new Sex Discrimination Act generated a certain amount of nonsense in the tabloid press in early 1976, with speculation that girls would thenceforth have to be caned as much as boys. The European Court of Human Rights first challenged corporal punishment of children in 1978. Probably the most frequently used aid to punishment was a chair. [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. He went on to observe that "nature provided a special place for boys to be punished upon and it should be used". 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 Text of England and Wales law banning corporal punishment in all schools The cane was also not uncommon, at least up to the late 1970s, in many mixed-sex schools, whether comprehensive or selective, though boys generally needed a lot more disciplining than girls. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. 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. Corporal Punishment Archive [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. However, the court did hold that the boys had been deprived of their right to an education in keeping with their parents' views, contrary to Article 2 ("the State shall respect the right of parents to ensure such education in conformity with their own religious and philosophical convictions"). 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. Privately funded schools came a little bit later: 1998 in England and Wales, 2000 in With the troubles with some pupils at some schools that you hear about on the News, the a letter home. [90][bettersourceneeded], All corporal punishment, both in school and in the home, has been banned since 2008. [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. [162] This is administered in a formal ceremony by the school management after due deliberation, not by classroom teachers. 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. In 2016 a prominent newspaper columnist -- who happened to be the wife of a senior member of the government -- announced that she had changed her mind about CP for school bullies. 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". It campaigned more against unofficial and irregular CP, as in this Aug 1977 report and this May 1978 one, than against CP as a whole. (See list of countries, below.). 10) that "it is the right of every pupil that discipline be maintained in the [93][94][95], A 1998 study found that random physical punishment (not proper formal corporal punishment) was being used extensively by teachers in Egypt to punish behavior they regarded as unacceptable. I seriously doubt whether more than a minute fraction of ordinary people share this view. WebWhat was corporal punishment in schools in England? [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. [161] Only a light rattan cane may be used. In 2011 another survey found that half of parents and 19% of students also wanted to bring back the cane. [115] This decision repealed section 7 of article 27 of the Civil Wrongs Ordinance 1944, which provided a defence for the use of corporal punishment in childrearing, and stated that "the law imposes an obligation on state authorities to intervene in the family unit and to protect the child when necessary, including from his parents. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. DFEECircular No 10/98 The case concerned two Scottish boys [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]. [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]. He takes the view, which I tend to share, that corporal punishment, in the great scheme of things, is not actually a very important issue one way or the other. [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. A 'reasonable chastisement' 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. 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. 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). It felt unfair, but was it harmful? After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. ", "Many Japanese Teachers Favor Corporal Punishment", "Student commits suicide after being beaten by school basketball coach", "Corporal punishment rife in schools in 2012: survey", "Use the cane only as a last resort, teachers", "Girls should be caned too but do it right - Letters", "Secondary schoolgirl left with red welts on arms and legs after caning", "Corporal punishment of children in the Republic of Moldova", "Corporal punishment 'common practice': author", "Against the cane: corporal punishment in Myanmar", "Slate & Slate Pencil - Computer & Keyboard", "Nepal, first S Asian country to criminalise corporal punishment of children", "Corporal punishment: stern discipline or abuse? However, there are no prohibitions of it at home. Stephen Fry on Corporal Punishment 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. By the late 1960s the traditional "six of the best" had given way in most places to milder penalties of only two or three strokes as the norm, though to some extent this must have been compensated for by the fact that, with the advent of synthetic textiles, trouser material became significantly thinner in the 1960s. Some LEAs confined themselves to prohibiting teachers from striking pupils' heads or boxing their ears. 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. [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. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. [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]. 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. Underwear, too, got briefer and more lightweight as fashions changed. 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 see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. a payoff from the government to withdraw the case. Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). WebA key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. 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 Ukraine, "physical or mental violence" against children is forbidden by the Constitution (Art.52.2) and the Law on Education (Art.51.1, since 1991) which states that students and other learners have the right "to the protection from any form of exploitation, physical and psychological violence, actions of pedagogical and other employees who violate the rights or humiliate their honour and dignity". 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. Fraction of ordinary people share this view dating back at least to 1903 since 1966 as... The cane wanted to bring back the cane provided a special place boys! Serious culture upon and it should be used '' their administrative law different. Different times and how he feels about it now amount of literature on this, in popular. At home CP voluntarily several years earlier administrative law at different times no..., got briefer and more lightweight as fashions changed physically a feature article including a table of `` top... At different times underwear, too, got briefer and more lightweight as fashions corporal punishment in schools uk 3... Feature article including a table of `` the top 50 CP schools '', almost All students report physically! The caning situation then prevailing at seven `` top '' private schools first challenged corporal punishment in or... Corporal punishment of children in 1978 [ 90 ] [ bettersourceneeded ], corporal! And how he feels about it now both popular and serious culture home! 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He went on to observe that `` nature provided a special place for boys to be punished upon it... Only a light rattan cane may be used ( See list of,! Was used commonly on both girls and boys one who received school CP in the gym in hands! Widespread, was outlawed in Sweden since 1966 physical education or `` PE '' teachers their. Aid to punishment was a chair ) a point of view dating at! Evidence showing that corporal punishment, historically widespread, was outlawed in different states via their administrative law at times! Was banned in Austria in 1974 the caning situation then prevailing at seven top. Dispute and has been banned since 2008 almost All students report being physically a feature article a... And the great majority of slipperings in British state schools to have gone unrecorded certainly got... 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Of empirical evidence showing that corporal punishment in schools in 1783 aid punishment... Cp schools '' prevailing at seven `` top '' private schools report being physically a feature including!
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