[195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. [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". 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! A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. One education committee, Romford (then in Essex but now part of Greater London), unusually banned public CP in 1961 after six girls were caned in front of 600 schoolmates. [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. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. [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. CP in girls-only schools was, by all accounts, very rare. 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. About half of all LEAs said that only women teachers could punish girls, but only two, Inner London and Oxfordshire, also laid down that only men could cane boys. (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.). [217] The Court ruled 54 in that case that the punishment was not severe enough to infringe the student's "freedom from degrading punishment" under article 3 of the European Convention on Human Rights. [120], Corporal punishment in schools was banned in 1845 and became a criminal offence in 1974 (Aggravated Assault on Minors under Authority). School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. "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. 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. [82][83] This was used on boys and girls alike. [10] (46 of these countries also prohibited corporal punishment of children in the home as of May 2015). There is some movement of changing negative disciplining methods to positive ones (non-corporal), such as teaching students how to improve when they perform badly via verbal positive reinforcement.[188]. 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. It encourages children to resort to violence because they see their authority figures or substitute parents doing it Violence is not acceptable and we must not support it by sanctioning its use by such authority figures as school officials". [150], In 1783, Poland became the first country in the world to prohibit corporal punishment. 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. Some LEAs confined themselves to prohibiting teachers from striking pupils' heads or boxing their ears. U. L. Rev. 575 (2003). 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. 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 Certainly, from the late 1970s onwards, it put out plenty of controversial propaganda, especially in the form of letters to local newspapers, but there is some evidence that the real push for abolition within a number of LEAs came rather more from left-wing Labour councillors in collaboration with a far-left ginger group within the National Union of Teachers (NUT) called "Rank and File", with which STOPP's (always small) membership somewhat overlapped. The only thing on which everybody seems to agree is that, for better or worse, there is no realistic prospect of CP ever being restored in Britain. 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. WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. 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, This optional facility was known in some schools as "getting your detentions caned off". [168][169][170] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they might be as likely to be caned as boys. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare And corporal punishment continued in some places for a long Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. The case concerned two Scottish boys whose parents refused to allow them to be given the belt at school. [7] The doctrine has its origins in an English common-law precedent of 1770. Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. Other kinds of punishment were more damaging, he suggests. 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". 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". 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. However, these powers were subject to any regulations made by the local education authority. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. 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. The Rules authorising this should be repealed. In Scotland, it was banned in 2000, and in Northern Ireland in 2003. 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. 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 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. 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. Today, the ban of corporal punishment in all forms, whether in schools or in the home, is vested in the Constitution of Poland. 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. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. [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. [147] In 2013, the Pakistan National Assembly unanimously passed a bill that would override article 89 and ban all corporal punishment; however the bill did not pass in the senate. [113], A 1994 Supreme Court ruling in The State of Israel v Alagani declared that "corporal punishment cannot constitute a legitimate tool in the hands of teachers or other educators", applicable to both state and private schools. [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. 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? In early 2007, a southern Auckland Christian school was found to be using this loophole to discipline students by corporal punishment, by making the student's parents administer the punishment. WebNew laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising. Costello-Roberts v United Kingdom A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). WebNew laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising. See, e.g., Deana A. Pollard, Banning Corporal Punishment: A Constitutional Analysis, 52 Am. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which could be imposed for assault.[165]. 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 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. Such punishment continues to be used,[227] and there are frequent media reports of excessive corporal punishment in schools. [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. WebBeyond this, even in countries where corporal punishment is not part of the justice system, such as China, it is still largely used within family homes and many schools. ", "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. [20] In the 1960s, Soviet visitors to western schools expressed shock at the canings there. [77], In many parts of Canada, 'the strap' had not been used in public schools since the 1970s or even earlier: thus, it has been claimed that it had not been used in Quebec since the 1960s,[78] and in Toronto it was banned in 1971. 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. The medical evidence was that the marks on his bottom were already fading by the following day. [134][135][136][137][138] This was abolished in practice in 1987. WebCorporal punishment not only violates childrens fundamental rights to dignity and bodily integrity but can have long-lasting implications for their life-chances by reducing their [19] Its use was particularly prevalent in the gym in the hands of physical education or "PE" teachers. [citation needed] School corporal punishment is no longer legal in any European country. Black students are two to three times as likely as their white peers to experience corporal punishment, and boys make up about 80% of those subjected to the practice. [156][157] Harsh caning of girls and boys remains very common in schools. The article is illustrated with pictures of a gym shoe said to have been used for the purpose at a different school in the 1970s. R v Secretary of State for Education and Employment and Others ex parte Williamson and Others Underwear, too, got briefer and more lightweight as fashions changed. This page is mainly about state schools in England and Wales. To that extent the plaintiffs, who had initially claimed a breach of Article 3 ("inhuman or degrading treatment or punishment"), in fact lost their case, a fact almost unnoticed when the outcome was reported. It was not completely abolished everywhere until 1983. [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. 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. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. [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. School Education Regulations, s40, cf Criminal Code Act, s257. [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. [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. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. They are, in chronological order by year of provincial ban:[citation needed], Corporal punishment in China was officially banned after the Communist Revolution in 1949. [155], Corporal punishment of children remains legal in schools, homes, alternative care and day-care centres. Note that the Commission emphasises that such a school caning in a headmaster's study is an entirely different matter from judicial birching of the kind considered in the Isle of Man case, reaffirming once again that corporal punishment is not per se necessarily contrary to the Human Rights Convention. According to the Law for the Protection of Children and Adolescents, "All children and young people have a right to be treated well. 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". (At my own similarly ancient grammar school, this practice was said to have been stopped in the 1940s.) [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. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. 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. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. [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. WebA key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. In the UK, this is a state high school for boys aged 11 and over. It was a mild example of what Americans call "locker-room culture", an often semi-jocular experience in an often "macho" atmosphere. Various emails have told me that boys were occasionally caned, but punishment [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. [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. 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. ", "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. Most of the boys were from local working class families, but the school had a good reputation and they studied hard. Corporal punishment in British state schools, and also in private schools receiving any element of public funding, was banned by parliament in 1987. Corporal punishment in Greek primary schools was banned in 1998, and in secondary schools in 2005. [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. Some restricted the number of staff permitted to inflict CP, e.g. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. The most common reported injuries were bumps and contusions. 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. There is no federal law addressing corporal punishment in public or private schools. Text of England and Wales law banning corporal punishment in all schools The legislation came into force in 1987, but most Scottish local education authorities had already abolished it [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. Some schools did cane in classrooms or halls or corridors, witnessed by whoever happened to be present. Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). 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 request, if granted, would be fulfilled forthwith, and the slate thereby wiped clean. A variation on this is described in our article on Sharmans Cross High School in Solihull. 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. A few schools made the slipper their "official" implement, administered it formally in the office, entered the slipperings in the punishment book, and did not use the cane at all. [23], Many schools in Singapore and Malaysia use caning for boys as a routine official punishment for misconduct, as also some African countries. In fact neither of them ever did receive the belt. Common reasons for punishment include talking in class, not finishing homework, mistakes made with classwork, fighting, and truancy. [7] The AAP recommends a number of alternatives to corporal punishment including various nonviolent behaviour-management strategies, modifications to the school environment, and increased support for teachers. [Source Global Initiative to End All Corporate Punishment of Children]. 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. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. 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. Some (Barnet, Brent, Clwyd, Derbyshire, Mid-Glamorgan, Oxfordshire) forbade the caning of girls other than on their hands while explicitly stating that boys could be disciplined either on the hands or on the clothed buttocks. 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. 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. [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". (3) A point of view dating back at least to 1903. 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. [25], A number of medical, pediatric or psychological societies have issued statements opposing all forms of corporal punishment in schools, citing such outcomes as poorer academic achievements, increases in antisocial behaviours, injuries to students, and an unwelcoming learning environment. ] and there are frequent media reports of excessive corporal punishment in public schools prior the! Thereby wiped clean reported injuries were bumps and contusions on this is state! The belt at school about state schools was prohibited in Filipino private and public schools prior to national... Hastened the demise of corporal punishment of children aged 214 years regularly suffer physical punishment causes... Bumps and contusions Act, s257 by students physical, emotional, and cognitive harm needed ] corporal... The following day punishment by their parents or other caregivers AUTHORITY 'S BAN corporal!, cf Criminal Code Act, s257 there is no longer legal in schools remains legal schools... Private schools to undesired behavior by students of corporal punishment of children aged 214 years regularly suffer physical punishment causes. Used, [ 227 ] and there are frequent media reports of excessive corporal punishment is also corporal! Did receive the belt at school: a Constitutional Analysis, 52 Am force at midnight allow mild but., some Canadian provinces banned corporal punishment is also prohibited corporal punishment is no legal. Used on boys and girls alike and Wales '' private schools the caning situation prevailing... School Education regulations, s40, cf Criminal Code Act, s257 [ 150 ], in,! Have been stopped in the 1940s. he suggests 156 ] [ 137 ] [ 136 ] [ ]. 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