corporal punishment in schools ukcorporal punishment in schools uk

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. House of Commons: Corporal punishment lawful with parental consent (New URL) [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. Clearly, all the school authorities actually did wrong was to fail to spell out, in their information to prospective parents, that corporal punishment was a possible consequence of misbehaviour -- though I think they might have been forgiven for assuming that anybody who knew anything about anything would have been perfectly well aware that that was an entirely normal practice at boys' independent prep schools at the time. [176], The proverb "If you love your cow, tie it up; if you love your child, beat him" is still considered "wisdom" and is held by many Thai parents and teachers. (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). According to the American Academy of Pediatrics (AAP), there are three broad rationales for the use of corporal punishment in schools: beliefs, based in traditional religion, that adults have a right, if not a duty, to physically punish misbehaving children; a disciplinary philosophy that corporal punishment builds character, being necessary for the development of a child's conscience and their respect for adult authority figures; and beliefs concerning the needs and rights of teachers, specifically that corporal punishment is essential for maintaining order and control in the classroom. Global Initiative to End All Corporal Punishment of Children, Report of corporal punishment of children in Luxembourg 2013, Legilux, Lgislation sur les mesures de discipline dans les coles 2015, Department of Education, Administrative Memorandum 531, 1956. Other international human-rights bodies supporting prohibition of corporal punishment of children in all settings, including schools, include the European Committee of Social Rights and the African Committee of Experts on the Rights and Welfare of the Child. [citation needed] School corporal punishment is no longer legal in any European country. 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. [citation needed] Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. Committee on the Rights of the Child (2001). 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. Section 139A prohibits anyone employed by a school or early childhood education (ECE) provider, or anyone supervising or controlling students on the school's behalf, from using force by way of correction or punishment towards any student at or in relation to the school or the student under their supervision or control. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. 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. [204][205] This was wielded in primary as well as secondary schools for both trivial and serious offences, and girls got belted as well as boys. [10] (46 of these countries also prohibited corporal punishment of children in the home as of May 2015). This campaign gave rise to a joke on the left of the NUT that NASUWT stood for "National Association of Sadists and Union of Women Torturers". (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. 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. [193][194] In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). It is a matter of conjecture how much part the anti-CP organisation STOPP played in causing this snowballing trend. a payoff from the government to withdraw the case. 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. ", "Many Japanese Teachers Favor Corporal Punishment", "Student commits suicide after being beaten by school basketball coach", "Corporal punishment rife in schools in 2012: survey", "Use the cane only as a last resort, teachers", "Girls should be caned too but do it right - Letters", "Secondary schoolgirl left with red welts on arms and legs after caning", "Corporal punishment of children in the Republic of Moldova", "Corporal punishment 'common practice': author", "Against the cane: corporal punishment in Myanmar", "Slate & Slate Pencil - Computer & Keyboard", "Nepal, first S Asian country to criminalise corporal punishment of children", "Corporal punishment: stern discipline or abuse? Article 34 of the Law on Education 2012 states that students have the right to "(9) respect for human dignity, protection from all forms of physical or mental violence, injury personality, the protection of life and health"; article 43(3) states that "discipline in educational activities is provided on the basis of respect for human dignity of students and teachers" and "application of physical and mental violence to students is not allowed. This academic paper (2018) is very interesting despite some woolly jargon. Rugby at a traditional boys' school in the 1960s. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. [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. The only rule laid down by central government was that all formal CP was supposed to be recorded in a punishment book.(1). Application No. [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. 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. In Scotland, it was banned in 2000, and in Northern Ireland in 2003. Also, some schools, even new-built comprehensive ones, introduced a system of "students' courts" at which a recommendation for CP might be one of the "sentencing" options available, but this was subject to confirmation by the teachers in charge, and it would be a member of staff who delivered the actual punishment. WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. [163] At the secondary level, the rattan strokes are nearly always delivered to the student's clothed buttocks. [19] In addition, the Article 336 (since 2006) of the Labor Code of the Russian Federation states that "the use, including a single occurrence, of educational methods involving physical and/or psychological violence against a student or pupil" shall constitute grounds for dismissal of any teaching professional. [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. Other crimes often punished corporally included bullying, cheating, insolence, missing detention, and truancy. Again, practice varied widely. WebNew laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising. [200] Striking the buttocks (or sometimes hands) with a rubber-soled gym shoe, or plimsoll shoe (called slippering), was also widely used in many schools. 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. [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]. [79], In public schools, the usual implement was a rubber/canvas/leather strap applied to the hands or sometimes, legs,[80][81] while private schools sometimes used a paddle or cane administered to the student's posterior. [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. [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. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. The medical evidence was that the marks on his bottom were already fading by the following day. 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, [45][46] Laws on corporal punishment in schools are determined at individual state or territory level. Slippering and caning were used to some degree, but the cane here was more likely to be applied, if at all, to the palm of the hand than elsewhere, and would tend to be a shorter and lighter instrument than the 36-inch cane often used at secondary level. [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. ", "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. [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". CP in girls-only schools was, by all accounts, very rare. [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. 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. 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. 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! R v Secretary of State for Education and Employment and Others ex parte Williamson and Others Web51K views 2 years ago. 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. [139][140][141], This was criminalised on 23 July 1990,[142] when Section 139A of the Education Act 1989 was inserted by the Education Amendment Act 1990. 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. 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. [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. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. European Court of Human Rights, Strasbourg, 25 March 1993", "The States Where Teachers Can Still Spank Students", "Prohibition of all corporal punishment in Venezuela (2007)", "Promoting positive discipline in school", VIET NAM BRIEFING FOR THE HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW 5th session, 2008, "Hanoi in shock after teacher beats primary school students for being late - VnExpress International", "SCHOOL CORPORAL PUNISHMENT: video clips: Vietnam - caning of schoolgirls", "SCHOOL CORPORAL PUNISHMENT: video clips: Vietnam - caning of secondary boys and girls", https://en.wikipedia.org/w/index.php?title=School_corporal_punishment&oldid=1136396437, Articles with Spanish-language sources (es), All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, CS1 Chinese (Malaysia)-language sources (zh-my), Articles with dead external links from July 2021, Short description is different from Wikidata, Articles with unsourced statements from December 2021, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from December 2021, Articles with unsourced statements from July 2020, Articles with unsourced statements from August 2009, Articles lacking reliable references from March 2018, Articles with unsourced statements from July 2021, Creative Commons Attribution-ShareAlike License 3.0, Americans for a Society Free from Age Restrictions, This page was last edited on 30 January 2023, at 03:29. The case concerned two Scottish boys The Friends Reunited evidence Effects of Corporal Punishment [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. [134][135][136][137][138] This was abolished in practice in 1987. 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 [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. On this Wikipedia the language links are at the top of the page across from the article title. [190][191] Any teacher who engages in the practice would not only lose their job and teaching license, but will also face criminal prosecution for engaging in violence against minors and will also face child abuse charges. Several more Labour-controlled LEAs followed suit in the early 1980s. 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. WebEuropean Court of Human Rights. 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. The UK government argued, unsuccessfully, that opinions about corporal punishment did not amount to "philosophical convictions". [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. 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. The article makes no mention of caning. [209] In a few English cities, a strap was used instead of the cane. One also hears of rulers having been rapped across knuckles, but I am not sure if this was common. [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. Article 17 states: "(1) No child shall be subjected to physical punishment or mental harassment. This page is mainly about state schools in England and Wales. From the 1917 Russian revolution onwards, corporal punishment was outlawed in the Soviet Union, because it was deemed contrary to communist ideology. [174], In Tanzania, corporal punishment in schools is widely practised and has led to lasting damage, including the death of a punished pupil. ", "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. [118] As recently as December 2012, a high school student died by suicide after having been constantly beaten by his basketball coach. 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. 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. American Academy of Pediatrics. 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. Stephen Fry on Corporal Punishment [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. 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