corporal punishment in schools ukcorporal punishment in schools uk

[3] There is a vast amount of literature on this, in both popular and serious culture. Rosenczveig, Jean-Pierre (1 February 2008). 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. [110][111], In the law of the Republic of Ireland, corporal punishment was prohibited in 1982 by an administrative decision of John Boland, the Minister for Education, which applied to national schools (most primary schools) and to secondary schools receiving public funding (practically all of them). Probably the most popular caning offence was smoking. Short article in History Today (2012) asserts that it was only in the 1890s that ordinary class teachers gained the right to use CP; before that, only head teachers were legally entitled to do so, under the common-law doctrine of in loco parentis. 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, [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. [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. In some countries, almost all students report being physically 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. Attempts to push through local bans in Cardiff (1968) and Liverpool had both collapsed in the face of hostility from head teachers. Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. [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". Wind forward nearly 70 years, and their unique, historic memories - and the sense of camaraderie and community that came with them - are marked in print and picture. Two others, Kingston and Richmond, much more sensibly, came close to saying the opposite -- that caning of the hands was strongly discouraged as potentially injurious. [citation needed], Much of the traditional culture that surrounds corporal punishment in school, at any rate in the English-speaking world, derives largely from British practice in the 19th and 20th centuries, particularly as regards the caning of teenage boys. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. [210], Schools had to keep a record of punishments inflicted,[211] and there are occasional press reports of examples of these "punishment books" having survived. However, the majority of punishments and main aim of them have remained the same in 2022. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. [100] Corporal punishment is considered unlawful in schools under article 371-1 of the Civil Code. [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". [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. 14229/88 Copyright C. Farrell 2008-2021 (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.). 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). However, these powers were subject to any regulations made by the local education authority. School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. R v Secretary of State for Education and Employment and Others ex parte Williamson and Others [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. 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. [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. 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. Other kinds of punishment were more damaging, he suggests. [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. [156][157] Harsh caning of girls and boys remains very common in schools. [171], Spain banned school corporal punishment in 1985 under article 6 of the Right to Education (Organization) Act 8/1985. Other things being equal, each stroke of the cane was probably therefore sharper in its effect than in the days when trousers were made of wool and underpants of heavy flannel. [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. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. Spare the Rod 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. WebEuropean Court of Human Rights. [42][43] Corporal punishment of children has been prohibited unilaterally within the country since 2016. It is a myth that abolition was overwhelmingly demanded by school pupils themselves. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. Only two LEAs laid down a maximum number of strokes (East Sussex, 3 strokes; Durham, 6 strokes). Stephen Fry on Corporal Punishment There had been disputes about CP since the early days of universal state education. This article gives a first-person account of slippering practice at a traditional boys' grammar school (ages 11 to 18 inclusive) in the 1960s, at which the cane was administered in the office for serious offences, but the slipper, applied in the classroom by individual teachers, was much more prevalent. 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". [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]. 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. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. Such punishment continues to be used,[227] and there are frequent media reports of excessive corporal punishment in schools. It was not completely abolished everywhere Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). 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. I seriously doubt whether more than a minute fraction of ordinary people share this view. See also this May 1978 news item about unofficial slippering at a famous boys' comprehensive school in inner London. Corporal punishment sets clear boundaries and motivates children to behave in school. a payoff from the government to withdraw the case. Application No. 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. WebCorporal punishment should be brought back in some circumstances, but NEVER on hands! At many schools these formal canings would be administered privately, often in the head's or deputy head's office or in the staffroom. Committee on the Rights of the Child (2001). In 18 U.S. states, corporal punishment is lawful in both public and private schools. Joe The King: 1999 Joe is spanked on his bare bum over his teachers lap in front of his class. The Rules authorising this should be repealed. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. Clearly, it is widely felt that the anarchy and chaos now evidently prevailing in so many state schools -- and the poor educational standards that result -- are due at least in part to the enforced absence of corporal punishment. ), The state education system in England and Wales used to be highly decentralised, and there were always wide variations of practice between schools, even between different schools of the same kind in the same area. [193][194] In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). The ILEA had already put a stop to CP in primary schools with effect from 1973. 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. Probably the most frequently used aid to punishment was a chair. [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. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. 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. [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. 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. 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. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. The Right of Children to Free and Compulsory Education Rules 2010 provide for implementation of the Act, including awareness raising about the rights in the Act, procedures for monitoring implementation, and complaints mechanisms when the rights are violated. 1992 judgment by the Human Rights Court about a seven-year-old who was slippered at a boarding prep school. 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. [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. 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. [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]. One common method was to have the offender stretch across a desk, as in the fictional film still reproduced at the top of this page (from Melody, 1971). 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. The medical evidence was that the marks on his bottom were already fading by the following day. [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. 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. Feature article about a heavy-caning school near London. 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. The dissenting judges argued that the ritualised nature of the punishment, given after several days and without parental consent, should qualify it as "degrading punishment".[218]. Corporal Punishment Archive Legality of corporal punishment of minors in Europe. 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. [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. 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. [155], Corporal punishment of children remains legal in schools, homes, alternative care and day-care centres. 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. "I'd pull their tracksuits down and cane their bare bottoms until their cheeks burned red and they wept with pain and shame", she wrote in the influential Daily Mail. Any individual school could choose not to use CP. The school should have a register where date, reason, name of pupil and of administering teacher, together with the number of strikes, is to be recorded. Article 17 states: "(1) No child shall be subjected to physical punishment or mental harassment. 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. But it has now become "so culturally loaded as to be almost impossible to inspect", with all the talk of "abuse" causing "hysteria, madness and stupidity in almost everybody". [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. [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. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. 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). Only 13% of the worlds children 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. [206][207][208] Nearly 6 in 10 girls were strapped in school. No source is cited for this claim. ", "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. A key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. 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