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. 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. 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. [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. [citation needed] Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. Also, some schools, even new-built comprehensive ones, introduced a system of "students' courts" at which a recommendation for CP might be one of the "sentencing" options available, but this was subject to confirmation by the teachers in charge, and it would be a member of staff who delivered the actual punishment. WebPunishments in schools is a large area of dispute and has been for decades. Some schools did cane in classrooms or halls or corridors, witnessed by whoever happened to be present. 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. 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. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. 10) that "it is the right of every pupil that discipline be maintained in the 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. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". In this instance the local newspaper evidently thought it remarkable; but journalists have often been poorly informed on these matters, and the anecdotal evidence strongly suggests that there were more, probably a lot more, slipperings than canings in English schools, at least in the 1960s and 1970s. However, the majority of punishments and main aim of them have remained the same in 2022. In many countries, like Thailand, where the corporal punishment of students is technically illegal, it remains widespread and accepted in practice (for both boys and girls). [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. 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. 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. 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. [45][46] Laws on corporal punishment in schools are determined at individual state or territory level. It should also be noted that the Article 2 claim stood up only because there were no alternative non-belting state schools within reach, and the parents in question could not afford private schools. L. Rev. 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). Corporal Punishment Archive 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. Again, practice varied widely. 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. [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. [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]. (4) Guide to LEAs' Corporal Punishment Regulations in England and Wales, Society of Teachers Opposed to Physical Punishment, Croydon, 1979. [7] They say that evidence links corporal punishment of students to a number of adverse outcomes, including: "increased aggressive and destructive behaviour, increased disruptive classroom behaviour, vandalism, poor school achievement, poor attention span, increased drop-out rate, school avoidance and school phobia, low self-esteem, anxiety, somatic complaints, depression, suicide and retaliation against teachers". [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. A similar justification exists in Chinese-speaking countries. They include the American Medical Association,[26] the American Academy of Child and Adolescent Psychiatry,[11] the AAP,[7][27][28] the Society for Adolescent Medicine,[8][29] the American Psychological Association,[30] the Royal College of Paediatrics and Child Health,[31][32] the Royal College of Psychiatrists,[33] the Canadian Paediatric Society[34] and the Australian Psychological Society,[35] as well as the United States' National Association of Secondary School Principals. 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. [7] The doctrine has its origins in an English common-law precedent of 1770. According to the Committee on the Rights of the Child, "Children do not lose their human rights by virtue of passing through the school gates the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline". 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. 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. There is no federal law addressing corporal punishment in public or private schools. Education Act 1996, section 548 (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.). (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. The ILEA had already put a stop to CP in primary schools with effect from 1973. [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. [23], Many schools in Singapore and Malaysia use caning for boys as a routine official punishment for misconduct, as also some African countries. 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. [92], Corporal punishment was prohibited in the public schools in Copenhagen Municipality in 1951 and by law in all schools of Denmark on 14 June 1967. WebSchools can punish pupils if they behave badly. [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. [2] However, some schools in Alberta had been using the strap up until the ban in 2004. 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. What did CP in British schools involve? The Education (Corporal Punishment) Regulation G.N. No source is cited for this claim. An equivalent law for Scotland came into force in 2000. Privately funded schools came a little bit later: 1998 in England and Wales, 2000 in [126], The Education Act of 2008 prohibits all corporal punishment in schools. A feature article including a table of "The top 50 CP schools". Web51K views 2 years ago. Some teachers required students to touch their toes, as illustrated on the front cover of the STOPP booklet shown above; this presented a particularly taut target (too much so, according to some practitioners), but it had the disadvantage of lacking stability -- the recipient might fall forwards with nothing to hold on to. School Education Regulations, s40, cf Criminal Code Act, s257. According to the AAP and the Society for Adolescent Medicine, these injuries have included bruises, abrasions, broken bones, whiplash injury, muscle damage, brain injury, and even death. It had been very regularly used on both boys and girls in certain schools for centuries prior to the ban. [41], Corporal punishment of minors in the United States, According to the Global Initiative to End All Corporal Punishment of Children, all forms of corporal punishment in schools are outlawed in 128 countries as of 2016. The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) Extract from a sociological study of 166 elite boys' private schools in 1964, giving statistics for how many senior boys and how many teachers were allowed to administer corporal punishment and a discussion of the frequency of use of the cane. 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. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. [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. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. See also this May 1978 news item about unofficial slippering at a famous boys' comprehensive school in inner London. It was not completely abolished everywhere Among the majority of mainstream state secondary schools, caning (usually across the seat of a bending student's trousers) had been particularly prevalent in boys-only schools of all types, from mediaeval grammar schools(5) to brand-new secondaries modern. WebSchool corporal punishment: The High School Cane: a Eulogy, a thoughtful comment on the cane's usefulness and efficacy in keeping mischievous teenage schoolboys in order, [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. As far as I know, this is what the 1986 legislation already said, so perhaps this was just a consolidating act. "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. Some 20% of secondary schools did so in the 1970s, according to informal guesstimates by STOPP. As enacted, the law had a loophole: parents, provided they were not school staff, could still discipline their children on school grounds. [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. 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. WebCorporal punishment is illegal in schools in a total of 132 countries. Punishment of this type was used in schools up until 1988/ 90 when it was banned. Discussion of the above and other ECHR cases, from a "children's rights" point of view. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. One of them was never even threatened with it, but his mother failed to get an assurance from the school that he would not be belted in some future hypothetical circumstance. 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". 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. A key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. 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 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". [118] As recently as December 2012, a high school student died by suicide after having been constantly beaten by his basketball coach. [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. 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. Stretching Forward to Learn 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. [citation needed] In late 1987, about 60% of junior high school teachers felt it was necessary, with 7% believing it was necessary in all conditions, 59% believing it should be applied sometimes and 32% disapproving of it in all circumstances; while at elementary (primary) schools, 2% supported it unconditionally, 47% felt it was necessary and 49% disapproved. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. As reported in these February 2005 news items, the highest court in the land dismissed their claims, upholding government and parliament in the 1998 blanket prohibition of all and any school CP. This is the Human Rights Commission's full report on the case of Matthew Prince, who in 1983 at age 15 received four strokes of the cane across the seat of his trousers for bullying at Brighton College, a private school. The Compulsory Education Law of 1986 states: "It shall be forbidden to inflict physical punishment on students". Anecdotal evidence suggests that boys tended to be caned harder than girls. ", "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. There is no single, simple answer. [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. Rosenczveig, Jean-Pierre (1 February 2008). [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. This academic paper (2018) is very interesting despite some woolly jargon. 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. Text of legislation prohibiting corporal punishment of any student, whether in a state or independent school, whose education is to any extent publicly funded. [100] Corporal punishment is considered unlawful in schools under article 371-1 of the Civil Code. [42][43] Corporal punishment of children has been prohibited unilaterally within the country since 2016. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. In the remaining private schools it was banned in 1999 in England and Wales, 2000 in Scotland, and 2003 in Northern Ireland. 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. The move failed, but the debate is not without interest. [206][207][208] Nearly 6 in 10 girls were strapped in school. WebIn the mid-20th century, discipline and punishment in English schools was relatively benign. Only 13% of the worlds children The case concerned two Scottish boys The case concerned two Scottish boys whose parents refused to allow them to be given the belt at school. 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. (2) Under Section 23 of the Education Act 1944. We are solemnly informed that the caning brought tears to his eyes and that he was in severe pain for an hour -- well, that is actually the object of the exercise! Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. 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. 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. 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. A variation on this is described in our article on Sharmans Cross High School in Solihull. 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