[133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. 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. Another marked difference from the private sector is that very few state schools in the modern era allowed prefects (selected senior pupils) to administer CP. According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. The author finds that, "far from being a relic of a cruel Victorian past, corporal punishment became more frequent and institutionalised in 20th-century England", but seems to overlook the obvious fact that the main reason it became more prevalent was that the number of secondary-school students soared, as the age up to which education was compulsory was steadily increased by law over the decades. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. Encyclopaedia entry from 1911 summarising the state of the law at the time: teachers had the common-law right to chastise their pupils, not only for offences at school but also, under a court ruling of 1893, for those committed on the way to or from school, or during school hours. [ 24] [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. 14229/88 [3] There is a vast amount of literature on this, in both popular and serious culture. "[114], Corporal punishment in Italian schools was banned in 1928. In the case of Christian Education South Africa v Minister of Education the Constitutional Court rejected a claim that the constitutional right to religious freedom entitles private Christian schools to impose corporal punishment. [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. ", "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 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. [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. Royal College of Paediatrics and Child Health, National Association of Secondary School Principals, History of youth rights in the United States, Quebec Charter of Human Rights and Freedoms, United Nations Convention on the Rights of the Child, Community Alliance for the Ethical Treatment of Youth, International Falcon Movement Socialist Educational International, National Union of Students LGBT+ Campaign, French petition against age of consent laws, Legal status of tattooing in European countries, Legal status of tattooing in the United States, Parliamentary Assembly of the Council of Europe, Inter-American Commission on Human Rights, African Committee of Experts on the Rights and Welfare of the Child, School corporal punishment in the United States, Canadian Foundation for Children, Youth and the Law v. Canada, Crimes (Substituted Section 59) Amendment Act 2007, Christian Education South Africa v Minister of Education, R (Williamson) v Secretary of State for Education and Employment, School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention, Student/Parent Information Guide and Code of Conduct 2008-2009, "United Kingdom: Corporal punishment in schools", "Corporal punishment in schools: position paper of the Society for Adolescent Medicine", "Corporal punishment in U.S. public schools: Prevalence, disparities in use, and status in state and federal policy", "School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention", "Spanking Lives On In Rural Florida Schools", Education (Corporal Punishment) (Northern Ireland) Order 1987, "School Standards and Framework Act 1998", "North Korean Defectors Face Huge Challenges", "Chinese schools try to unlearn brutality", "More Harm Than Good: A Summary of Scientific Research on the Intended and Unintended Effects of Corporal Punishment on Children", "H-515.995 Corporal Punishment in Schools", "Guidance for effective discipline. [50], Corporal punishment in schools was banned in Austria in 1974. One consequence of the perceived collapse in school discipline has been a tendency for some (especially immigrant-descended) parents to send their teens abroad to complete their secondary studies, often to Africa or the Caribbean, where a stricter and more structured education, including CP where necessary, is still available. This optional facility was known in some schools as "getting your detentions caned off". CP in girls-only schools was, by all accounts, very rare. This kind of arrangement seems to have been typical of many secondary schools. Four independent Christian schools This document, in which the European Human Rights Commission ruled in 1986 that the case was inadmissible, describes the two-stroke caning of an 11-year-old boy in 1979 for throwing a conker at a girl, breaking her glasses. [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. 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, 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. 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. Joe The King: 1999 Joe is spanked on his bare bum over his teachers lap in front of his class. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. 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". Nor, it judged, did the punishment violate the boy's "moral or physical integrity". 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. WebPunishments in schools is a large area of dispute and has been for decades. 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. A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). It was not completely abolished everywhere until 1983. [162] This is administered in a formal ceremony by the school management after due deliberation, not by classroom teachers. [171], Spain banned school corporal punishment in 1985 under article 6 of the Right to Education (Organization) Act 8/1985. The number of strikes must not be more than four for each occurrence. [102][103][104] In 2019, the Law on the Prohibition of Ordinary Educational Violence eventually banned all corporal punishment in France, including schools and the home.[105]. 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. 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. Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). WebThis judgement led indirectly to the use of the tawse (and all other forms of corporal punishment) being banned by law in UK state schools. 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. 144329 / Circular 9/82 / Re: The Abolition of Corporal Punishment in National Schools", "Circular M5/82 / Abolition of Corporal Punishment in Schools in respect of Financial Aid from the Department of Education", "Non-Fatal Offences Against the Person Act, 1997, Section 24", "Non-Fatal Offences Against the Person Bill, 1997: Second Stage", Corporal punishment of children in Israel, "Children's Rights in Israel: An End to Corporal Punishment? [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. Examples of punishments (sometimes called sanctions) include: a telling-off. a letter home. [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). Certainly a hard slippering of several whacks would be eye-wateringly more painful than a feeble caning, and could leave the student's backside bruised for some days. American Academy of Pediatrics. Committee on Psychosocial Aspects of Child and Family Health", "Corporal punishment in schools. An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). [6] It lets school officials stand in for parents as comparable authority figures. 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. Legality of corporal punishment of minors in Europe. [128][129] The cane is applied on the students' buttocks, calves or palms of the hands in front of the class. [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. Stephen Fry on Corporal Punishment [145] This loophole was closed in May 2007 by the Crimes (Substituted Section 59) Amendment Act 2007, which enacted a blanket ban on parents administering corporal punishment to their children. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. Mass punishments in front of the class are common, and the large number of corporal punishment scenes in films suggest that caning is an accepted cultural norm in education. [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 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). Slippering was usually a brisk affair: the student was typically made to come to the front, bend over on the spot, be whacked two or three or four times, and return to his or her seat as the lesson continued without further ado. WebCorporal punishment is illegal in schools in a total of 132 countries. [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. WebSchool corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. 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. [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". [96], Corporal punishment in public schools was banned in 1914, but remained de facto commonplace until 1984, when a law banning all corporal punishment of minors, whether in schools or in the home, was introduced. [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. [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. There had been disputes about CP since the early days of universal state education. [45][46] Laws on corporal punishment in schools are determined at individual state or territory level. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783. In response to a 2008 poll of 6,162 UK teachers by the Times Educational Supplement, 22% of secondary school teachers and 16% of primary school teachers supported "the right to use corporal punishment in extreme cases". At least one (Bradford) laid down that the punishment must follow as soon as possible after the offence. Text of England and Wales law banning corporal punishment in all schools [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". [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. In particular, evidence does not suggest that it enhances moral character development, increases students' respect for teachers or other authority figures, or offers greater security for teachers. There is some movement of changing negative disciplining methods to positive ones (non-corporal), such as teaching students how to improve when they perform badly via verbal positive reinforcement.[188]. a payoff from the government to withdraw the case. [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. Includes an excellent gallery of historical drawings and numerous other illustrations as well as some well-chosen historical texts. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. Some schools did cane in classrooms or halls or corridors, witnessed by whoever happened to be present. 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. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. In primary schools (ages 5 to 11), and in the pre-1950s all-through elementary schools (age up to 13), slapping with the hand, applied to bottoms or hands or arms or legs, appears to have been the physical punishment of choice. 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). He takes the view, which I tend to share, that corporal punishment, in the great scheme of things, is not actually a very important issue one way or the other. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". As enacted, the law had a loophole: parents, provided they were not school staff, could still discipline their children on school grounds. Corporal punishment used to be prevalent in schools in many parts of the world, but in recent decades it has been outlawed in 128 countries including all of Europe, most of South America, as well as in Canada, Japan, South Africa, New Zealand and several other countries. [8], Advocates of school corporal punishment[who?] WebWhat was corporal punishment in schools in England? 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. Spare the Rod [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. 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. [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. 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? [41], Banned in 1813, corporal punishment was re-legalised in 1815 and physical punishments lasted legally until 1884, when their usage was banned (with the exception of court ordered punishments). Committee on the Rights of the Child (2001). However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. 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. [42][43] Corporal punishment of children has been prohibited unilaterally within the country since 2016. 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 that year a sentence by the Federal Court of Justice of Germany (Bundesgerichtshof, case number NStZ 1993.591) was published which overruled the previous powers enshrined in unofficial customary law (Gewohnheitsrecht) and upheld by some regional appeal courts (Oberlandesgericht, Superior State Court) even in the 1970s. Corporal punishment in Norwegian schools was strongly restricted in 1889, and was banned outright in 1936. 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. 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. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. Its use was particularly prevalent in the gym in the hands of physical education or "PE" teachers. 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. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. The most common reported injuries were bumps and contusions. Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. 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. 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. The Court's reasoning here against the British Government's submission seems to me pretty feeble (the UK judge on the Court wrote a dissenting opinion on this point) and one cannot help wondering how they would wriggle out of it now if someone were to claim that their views in favour of c.p. Attempts to push through local bans in Cardiff (1968) and Liverpool had both collapsed in the face of hostility from head teachers. The Cane and the Tawse in Scottish Schools The law applied to all schools, both public and private. 9146/80 [155], Corporal punishment of children remains legal in schools, homes, alternative care and day-care centres. He had previously been caned at his prep school, without complaint. educational institution in conformity with human dignity and, in that regard, he has the right not to be subjected to corporal or degrading disciplinary measures. 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. 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. [148] On the provincial level, corporal punishment was partially banned in Khyber Pakhtunkhwa by two laws in 2010 and 2012, and banned by Sindh in schools in 2013. If administered vigorously, this would leave painful weals or "tramlines" across the student's posterior lasting several days, and often some bruising as well. [168][169][170] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they might be as likely to be caned as boys. [92], Corporal punishment was prohibited in the public schools in Copenhagen Municipality in 1951 and by law in all schools of Denmark on 14 June 1967. (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. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 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. Costello-Roberts v United Kingdom Despite the fact that the tradition had been forgone for nearly 30 years, legislation banning the practice entirely by law was not implemented until 2004. 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