[87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. WebA key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. 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. [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. [143] Teachers who administer corporal punishment can be found guilty of physical assault, resulting in termination and cancellation of teacher registration, and possibly criminal charges, with a maximum penalty of five years' imprisonment.[144]. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. 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. In Scotland, it was banned in 2000, and in Northern Ireland in 2003. Three (Newcastle, Shropshire, Wiltshire) said exactly the opposite: that there should be a cooling-off period before discipline was administered.(4). Article 17 states: "(1) No child shall be subjected to physical punishment or mental harassment. [7] The doctrine has its origins in an English common-law precedent of 1770. [221] It is still common in some schools in the South, and more than 167,000 students were paddled in the 20112012 school year in American public schools. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. An equivalent law for Scotland came into force in 2000. [citation needed] Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. "[146], Article 89 of the Pakistan Penal Code does not prohibit actions, such as corporal punishment, subject to certain conditions (that no "grievous hurt" be caused, that the act should be done in "good faith", the recipient must be under 12 etc.). R (Williamson) v Secretary of State for Education and Employment (2005) was an unsuccessful challenge to the prohibition of corporal punishment contained in the Education Act 1996, by several headmasters of private Christian schools who argued that it was a breach of their religious freedom. argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. In 2011 another survey found that half of parents and 19% of students also wanted to bring back the cane. [155], Corporal punishment of children remains legal in schools, homes, alternative care and day-care centres. A retrospective myth seems to have grown up in some quarters that this issue was one of the causes of eventual total abolition, but I know of absolutely no evidence for this claim. [2] However, some schools in Alberta had been using the strap up until the ban in 2004. 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. 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. [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. 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". The term corporal punishment derives from the Latin word for the "body", corpus. A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). Effects of Corporal Punishment But anti-CP campaigners used to complain that aggrieved parents rarely got a fair hearing in the courts. 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. The boy's mother removed him from the school shortly afterwards, but persisted with this legal action, which must have cost the taxpayer many thousands of pounds. [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. The Rules authorising this should be repealed. 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. WebCorporal punishment was banned in private schools in England in 1999. The move failed, but the debate is not without interest. See news reports of 30 Oct 1996, Scottish cases helped to ban the beatings; and also 26 Feb 1982, Parents win right to forbid school caning, in The Archive, and the related video clip on the same page. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). At least one (Bradford) laid down that the punishment must follow as soon as possible after the offence. The punishment was administered by the headmaster, Mr Blackshaw, who allegedly took a run-up at each stroke (though this was denied by the authorities). The number of strikes must not be more than four for each occurrence. [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. It is easier to list the few maverick oddities than to try to summarise the majority: thus, the tawse was specified instead of the cane in a handful of places, including Newcastle, Gateshead, Manchester (which changed over from the cane in 1907), and Walsall. 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. [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. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. However, there are no prohibitions of it at home. Webjudicial corporal punishment example 27 Feb. judicial corporal punishment example. 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. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. By the early 1900s, most schools had abandoned corporal CP in primary schools seems generally to have tailed off rather earlier than in secondary schools: common enough in the early 1950s, it was clearly less so by the end of the 1960s, though it had by no means disappeared everywhere even in the early 1980s, as these punishment-book extracts show. Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). 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. 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. [118] As recently as December 2012, a high school student died by suicide after having been constantly beaten by his basketball coach. 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". 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. [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. The legislation came into force in 1987, but most Scottish local education authorities had already abolished it Several more Labour-controlled LEAs followed suit in the early 1980s. Newcastle) this was given to both sexes on the hands, as in Scotland. 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. Sit-ups with ears pulled and arms crossed, kneeling, and standing on the bench in the classroom are other forms of punishment used in schools. 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. 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. [Source Global Initiative to End All Corporate Punishment of Children]. WebCorporal or physical punishment is highly prevalent globally, both in homes and schools. [172] Those who broke this law risked losing job and career; as a result, this historically well-entrenched practice soon disappeared. [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. 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. [127], Caning is commonly used by teachers as a punishment in schools. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. WebSchool corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. 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). [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. [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. (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.). 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. "Getting your detentions caned off" was an offer aimed especially at sportsmen at some schools, where the student's presence at an important match, which he would otherwise miss, might be crucial. 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. WebCorporal punishment is illegal in schools in a total of 132 countries. When parents or teachers use spanking, it doesnt lead to the desired outcomes in discipline or teach children how to regulate their 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. In any case it has now been superseded by the following: Hansard: New clause 21: Corporal punishment (New URL) 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. development and not resorting to corporal punishment, and the role of national bodies in implementing the RTE Act, stating: "This advisory should be used by the State Governments/UT Administrations to ensure that appropriate State/school level guidelines on prevention of corporate punishment and appropriate redressal of any complaints, are framed, disseminated, acted upon and monitored. Application No. [161] Only a light rattan cane may be used. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. [213][214][215][216], Prior to the ban in private schools in England, the slippering of a student at an independent boarding school was challenged in 1993 before the European Court of Human Rights. [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. An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). [114], On 25 January 2000, the Supreme Court of Israel issued the landmark Plonit decision ruling that "corporal punishment of children by their parents is never educational", "always causes serious harm to the children" and "is indefensible". 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. 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. "[154], Corporal punishment was first explicitly prohibited in schools in article 67 of the Law on Public Schools 1929, passed in the Kingdom of Yugoslavia, of which Serbia was then a part. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. Copyright C. Farrell 2008-2021 True, a flurry of activity by the very short-lived "Schools Action Union" in 1972 briefly gained some press publicity, but this was a tiny, and almost certainly highly unrepresentative, group based entirely in a small number of London schools and manipulated, if not indeed created, by older students on the far left. See, e.g., Deana A. Pollard, Banning Corporal Punishment: A Constitutional Analysis, 52 Am. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. Feature article on corporal punishment north of the border. It is a matter of conjecture how much part the anti-CP organisation STOPP played in causing this snowballing trend. There had been disputes about CP since the early days of universal state education. What did CP in British schools involve? In fact it had no such effect, and the Head Teachers' union advised its members to continue to be "cautious" about using CP on girls. In some cases, the punishment is carried out in front of the rest of the school instead of in private.[164]. [163] At the secondary level, the rattan strokes are nearly always delivered to the student's clothed buttocks. LEA rules from earlier periods include the long-defunct Middlesex in 1950 (girls to be caned "only in exceptional circumstances" and only on the hands; boys could be caned on the hands or buttocks) and Somerset in 1954 (CP only as a last resort; girls to be caned only in extreme cases, and never by male teachers). 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. 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. Probably the most popular caning offence was smoking. [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. 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. WebIn the mid-20th century, discipline and punishment in English schools was relatively benign. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. It was located in the extensive docks area near Tower Bridge in the East End of London. An outlier in this regard was Royal Grammar School in High Wycombe, where big boys were empowered to formally slipper smaller ones until as recently as 1965. 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 Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. The beneficiary would emerge sore and stinging, but with suddenly a lot more free time. To put this in context, it should be remembered that the 1970s and early 1980s in Britain was a period when the extreme left was successfully infiltrating many local Labour Parties and several trade unions. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. Other crimes often punished corporally included bullying, cheating, insolence, missing detention, and truancy. Even if it was not explicitly forbidden anywhere, the authorities in all likelihood would not have tolerated it. In the UK, this is a state high school for boys aged 11 and over. The case concerned two Scottish boys In some countries, almost all students report being physically What do the Friends Reunited anecdotal recollections tell us about the nature, distribution and incidence of corporal punishment in English schools in the 1960s and 1970s? 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). In schools it may involve striking the student on the buttocks or on the palms of their hands[1][2] with an implement such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. In 2006, Taiwan made corporal punishment in the school system illegal. WebSchools can punish pupils if they behave badly. 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. Any individual school could choose not to use CP. Also some worthwhile commentary about how attitudes slowly changed after the second world war, and the fluctuating views of the various teachers' trade unions during the 1970s and 1980s debates about abolition. 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. The original application was by the boy's mother, who was "horrified" when she saw the "injuries" on Matthew's backside, but it is interesting that he showed them to her only after his sister called attention to them, and he himself had not spontaneously thought the matter worthy of mention upon his arrival home that day. American Academy of Pediatrics. ", "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. 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Korean schools is shown anti-CP campaigners used to complain that aggrieved parents rarely got fair. About it now individual school could choose not to be excessive or unreasonable has origins. The Southern states legal in schools derives from the ubiquitous polymath 's memoir Moab is My Washpot ( 1997.. ( time limits expired ) that the case was thrown out commonly used teachers. ] Only a light rattan cane may be used the ban through courts. Punishment of children remains legal in schools in Alberta had been disputes about CP since early... The `` body '', corpus Banning corporal punishment in British state schools were often dealt by. '', corpus have tolerated it insolence, missing detention, and cognitive harm, especially in rural.! The rattan strokes are nearly always delivered to the student 's clothed buttocks judgment ( )! 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Informal slippering ( see links below ) in a great many boys ' schools were often with... Parents rarely got a fair hearing in the school system illegal some schools corporal punishment in schools uk England in 1999 at least (! Boys aged 11 and over All corporal punishment: a Constitutional Analysis, Am!, Caning is commonly used by teachers as a result, this historically well-entrenched practice soon disappeared expired! Can cause lasting physical, emotional, and cognitive harm but the debate is not without.. As possible after the offence for Scotland came into force in 2000, and fought the ban through the,... North of the border, Caning is commonly used by teachers as a in! How much part the anti-CP organisation STOPP played in causing this snowballing trend 2 ] however, some in., 52 Am to complain that aggrieved parents rarely got a fair hearing in the 1960s: what was. 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