corporal punishment in schools uk
In the relatively few places in England where the leather strap (tawse) rather than the cane was the instrument of choice, it too might be administered to the buttocks, at any rate for boys (as in Walsall and Gateshead), but in other places (e.g. Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. 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. Today, the ban of corporal punishment in all forms, whether in schools or in the home, is vested in the Constitution of Poland. It suggests that over a long period the idea that schoolteachers are to be regarded as in effect "substitute parents", and therefore should have the same disciplinary powers in law as parents, became gradually more and more questioned by the public, at least as far as ordinary day schools are concerned (the concept has always seemed to make more sense in relation to boarding schools). [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. [7] According to the American Academy of Child and Adolescent Psychiatry, "Corporal punishment signals to the child that a way to settle interpersonal conflicts is to use physical force and inflict pain". [163] At the secondary level, the rattan strokes are nearly always delivered to the student's clothed buttocks. See for instance this Nov 1997 news item about an under-achieving 13-year-old whose parents sent him to school in Ghana, with miraculous results, and this similar Nov 2007 report in which a British 17-year-old, sent away, also to Ghana, to study for his GCSEs, admitted he had been caned there several times and agreed he was benefiting academically from the novel experience of strict discipline. [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 was not completely abolished everywhere until 1983. [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. In addition, the obligation of member states to prohibit corporal punishment in schools and elsewhere was affirmed in the 2009 Cairo Declaration on the Convention on the Rights of the Child and Islamic Jurisprudence. [161] Only a light rattan cane may be used. [citation needed] School corporal punishment is no longer legal in any European country. (6) Back in 1914 that same union went so far as to claim that all teachers, not just head teachers, had the right to cane, and that this right "must not be interfered with by local regulations" -- a position they never in fact achieved. One also hears of rulers having been rapped across knuckles, but I am not sure if this was common. [115] This decision repealed section 7 of article 27 of the Civil Wrongs Ordinance 1944, which provided a defence for the use of corporal punishment in childrearing, and stated that "the law imposes an obligation on state authorities to intervene in the family unit and to protect the child when necessary, including from his parents. Rosenczveig, Jean-Pierre (1 February 2008). ", "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. 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. Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). 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. [36], According to the AAP, research shows that corporal punishment is less effective than other methods of behaviour management in schools, and "praise, discussions regarding values, and positive role models do more to develop character, respect, and values than does corporal punishment". [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. However, the court did hold that the boys had been deprived of their right to an education in keeping with their parents' views, contrary to Article 2 ("the State shall respect the right of parents to ensure such education in conformity with their own religious and philosophical convictions"). (3) Richmond was also unusual in adding that girls, unlike boys, must not be caned at all, though they could be slapped with the open hand. Four independent Christian schools At secondary level, a rattan cane (not bamboo as often wrongly stated) perhaps 36 to 40 inches long would be a typical implement, especially for disciplining boys. 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". House of Commons: Corporal punishment lawful with parental consent (New URL) Committee on the Rights of the Child (2001). 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". A left-wing back-bench move in Parliament to ban CP at national level failed by 181 votes to 120 in 1976. A 'reasonable chastisement' It cannot be emphasised too strongly that these are all broad generalisations, to which exceptions could always be found. 8 (2006): The right of the child to protection from corporal punishment and or cruel or degrading forms of punishment (articles 1, 28(2), and 37, inter alia)", "Europe-Wide Ban on Corporal Punishment of Children, Recommendation 1666", "Report on Corporal Punishment and Human Rights of Children and Adolescents", "Dilogo, premios y penitencias: cmo poner lmites sin violencia", "En Argentina, del golpe a la convivencia", "Laughter as alumni share stories about getting the cane", "Federal Government rules out return of corporal punishment, after curriculum adviser says it can be 'very effective', "Senator keeps up fight against cane in schools", "Teachers given the cane go-ahead in some Queensland schools", "ACT Schools Authority decides to abolish cane", "Libs push for discipline codes, including corporal punishment, in ACT schools", "The Last Hold-Out Caves: The Slow Death Of Corporal Punishment In Our Schools", "Education and Children's Services Act 2019 - SECT 32", "Last WA school using corporal punishment forced to end practice from next term", "Prohibition of all corporal punishment in Bolivia (2014)", "Brazil Prohibits All Corporal Punishment", "Do our new-found ideas on children maybe explain the fact we can't control them? 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". In the UK, this is a state high school for boys aged 11 and over. [175], Corporal punishment in schools is officially illegal under the Ministry of Education Regulation on Student Punishment 2005. 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. [209] In a few English cities, a strap was used instead of the cane. The Ministry of Education has stipulated a maximum of three strokes per occasion. argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. Some restricted the number of staff permitted to inflict CP, e.g. 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. [151] Peter Newell assumes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. 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. [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. WebPunishments in schools is a large area of dispute and has been for decades. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. Because Scotland has its own distinct education system with different traditions, there is a separate article about CP in Scottish schools. Nowadays, it is explicitly prohibited in sections 2.9 and 3.7 of the Education Act 1998,2 amended 2008: "Corporal punishment or other humiliating forms of treatment must not be used. In fact neither of them ever did receive the belt. 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. [7], A number of international human-rights organizations including the UN Committee on the Rights of the Child, the Parliamentary Assembly of the Council of Europe, and the Inter-American Commission on Human Rights have stated that physical punishment of any kind is a violation of children's human rights.[37][38][39]. 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. 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. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. In these schools the punishment might be applied either to hands (especially in the case of girls) or to behinds, often depending on the whim of the teacher. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. It had been very regularly used on both boys and girls in certain schools for centuries prior to the ban. In 1977, the Supreme Court ruling in Ingraham v. Wright held that the Eighth Amendment clause prohibiting "cruel and unusual punishments" did not apply to school students, and that teachers could punish children without parental permission. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. [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]. 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. Application No. 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". 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