[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. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. WebExtraordinary records reveal how corporal punishment was meted out in our schools Headmaster only permitted to use a 'thin flexible cane' Youngsters were given smacks Underwear, too, got briefer and more lightweight as fashions changed. Many NUT members in the union's mainstream, and certainly the great majority of members of all the other teaching unions, were not at all in favour of abolition. [99] The systematic use of corporal punishment has been absent from French schools since the 19th century. 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. [174], In Tanzania, corporal punishment in schools is widely practised and has led to lasting damage, including the death of a punished pupil. Some of the rugby shorts seen here probably cover painful "tramlines" acquired during a recent visit to the headmaster's study -- in some cases perhaps voluntarily. 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. The beneficiary would emerge sore and stinging, but with suddenly a lot more free time. [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. a payoff from the government to withdraw the case. 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. 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. Feature article on corporal punishment north of the border. 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 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. Even if it was not explicitly forbidden anywhere, the authorities in all likelihood would not have tolerated it. The Friends Reunited evidence [2] However, some schools in Alberta had been using the strap up until the ban in 2004. 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. 9146/80 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. What did CP in British schools involve? 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". "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. If administered vigorously, this would leave painful weals or "tramlines" across the student's posterior lasting several days, and often some bruising as well. [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. Page updated May 2021, separate article about CP in Scottish schools, going back from caning to birching in 1904, article on Sharmans Cross High School in Solihull, made the slipper their "official" implement, campaigned aggressively in favour of keeping the cane, Children sent to Caribbean for 'basic' schooling, The Cane and the Tawse in Scottish Schools, In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986, R v Secretary of State for Education and Employment and Others, Public schoolboy awarded 8,000 for caning ordeal, Scottish cases helped to ban the beatings, Parents win right to forbid school caning, The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998), Hansard: New clause 21: Corporal punishment, Text of England and Wales law banning corporal punishment in all schools, House of Commons: Corporal punishment lawful with parental consent. House of Commons: Corporal punishment lawful with parental consent (New URL) It was not completely abolished everywhere 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. [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. [3] There is a vast amount of literature on this, in both popular and serious culture. [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. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. This page is mainly about state schools in England and Wales. 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. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. In 2014, the Ministry of Human Resources Development issued guidance ("Advisory for Eliminating Corporal Punishment in Schools under Section 35(1) of the RTE Act 2009") which sets out the national law relevant to corporal punishment in schools, the international human rights standards, steps that may be taken to promote positive child Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). 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. [47][48], Legislation also varies among states and territories with regard to corporal punishment meted out to children in other care settings. Only two LEAs laid down a maximum number of strokes (East Sussex, 3 strokes; Durham, 6 strokes). (3) A point of view dating back at least to 1903. See, e.g., Deana A. Pollard, Banning Corporal Punishment: A Constitutional Analysis, 52 Am. (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. WebIn the mid-20th century, discipline and punishment in English schools was relatively benign. At many schools these formal canings would be administered privately, often in the head's or deputy head's office or in the staffroom. It is a matter of conjecture how much part the anti-CP organisation STOPP played in causing this snowballing trend. 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. In 18 U.S. states, corporal punishment is lawful in both public and private schools. [124] In November 2007, in response to a perceived increase in indiscipline among female students, the National Seminar on Education Regulations (Student Discipline) passed a resolution recommending allowing the caning of girls at school. 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, 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. 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. The method has been criticised by some children's rights activists who claim that many cases of corporal punishment in schools have resulted in physical and mental abuse of schoolchildren. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. [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. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. 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". [20] In the 1960s, Soviet visitors to western schools expressed shock at the canings there. [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. 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). [97][98], Caning was not unknown for French students in the 19th century, but they were described as "extremely sensitive" to corporal punishment and tended to make a "fuss" about its imposition. 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. To me, this decision seems perverse. And corporal punishment continued in some places for a long 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. Only 13% of the worlds children [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. 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. [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. 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. 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. [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]. 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. There is no federal law addressing corporal punishment in public or private schools. 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. Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. [118] As recently as December 2012, a high school student died by suicide after having been constantly beaten by his basketball coach. An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). Just one LEA, Coventry, bizarrely required all canings for both sexes, even at secondary level, to be applied to offenders' hands and not to their backsides. (2) These varied a lot, but most were not very specific about the modus operandi. [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. 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. According to the Law for the Protection of Children and Adolescents, "All children and young people have a right to be treated well. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. 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. L. Rev. In some Middle Eastern countries whipping is used. [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. ", "Web linnks: corporal punishment in schools", "Supreme Court takes strap out of teachers' hands", "Corporal Punishment ~ Canada's Human Rights History", "New measures taken in schools to improve teacher-student relations", "Colombia country report - Global Initiative to End All Corporal Punishment of Children", "Kansakoulun perustamisesta 150 vuotta lukemisen pelttiin laiskistavan", "Lasten ruumiillinen kuritus kiellettiin 30 vuotta sitten viel joka neljs tukistaa", "It's 40 years since corporal punishment got a general boot", http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/India.pdf, "Corporal punishment against children and the law", "Teacher suspended over video of beating boy", "15-Year-Old Dies By Suicide After Being Beaten Up By Teacher, Suspended From School", "R.R. 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". Most teachers would hold the implement by its heel and apply the sole to the offender, but some maintained that it was even more effective the other way round, with the heavier heel end being the part that made contact. The Education Act of 2002 authorizes the minister in charge of education to issue regulations concerning corporal punishment. Purley High School for Boys School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. In some cases, the punishment is carried out in front of the rest of the school instead of in private.[164]. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. At least one (Bradford) laid down that the punishment must follow as soon as possible after the offence. In this article about a secondary modern school in Norfolk in the 1950s, it is claimed that boys were slippered hard on the backside, sometimes with "six of the best", while girls were rulered on their hands. WebNew laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising. A position paper of the Society for Adolescent Medicine", "Royal College of Paediatrics and Child Health Position Statement on corporal punishment", "Memorandum on the Use of Corporal Punishment in Schools", "Legislative assembly questions #0293 - Australian Psychological Society: Punishment and Behaviour Change", "General comment No. 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. [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. By the early 1900s, most schools had abandoned corporal 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. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. Privately funded schools came a little bit later: 1998 in England and Wales, 2000 in WebCorporal or physical punishment is highly prevalent globally, both in homes and schools. 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. [13], Britain itself outlawed the practice in 1987 for state schools[14][15][16] and more recently, in 1998, for all private schools.[17][18]. 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. [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. It is a myth that abolition was overwhelmingly demanded by school pupils themselves. [189] Standard instructions for teachers provided by the Ministry of Science and Education state that a teacher who has used corporal punishment to a pupil (even once), shall be dismissed. 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. 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, [161] Only a light rattan cane may be used. When parents or teachers use spanking, it doesnt lead to the desired outcomes in discipline or teach children how to regulate their 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. (See list of countries, below.). [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]. [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. (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.). "[116] Soon after, a new Pupils' Rights Law, 5760-2000 established (art. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". School Education Regulations, s40, cf Criminal Code Act, s257. Corporal punishment in Greek primary schools was banned in 1998, and in secondary schools in 2005. There had been disputes about CP since the early days of universal state education. The 100+ local education authorities (LEAs) in England and Wales -- created in 1902 to replace the old local school boards -- formulated their own rules, or in some cases decided not to have any rules. [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. 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. Several more Labour-controlled LEAs followed suit in the early 1980s. 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