corporal punishment in schools uk

 

DFEECircular No 10/98 [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. 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. 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. 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. Application No. Punishment of this type was used in schools up until 1988/ 90 when it was banned. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. According to the AAP and the Society for Adolescent Medicine, these injuries have included bruises, abrasions, broken bones, whiplash injury, muscle damage, brain injury, and even death. [11] And according to the Society for Adolescent Medicine, "The use of corporal punishment in schools promotes a very precarious message: that violence is an acceptable phenomenon in our society. A federal law was implemented in 1998 which banned school corporal punishment. Nor, it judged, did the punishment violate the boy's "moral or physical integrity". The idea of parental consent was largely unknown, but a few schools did send a letter home with the student after the event, or listed the punishments received in the pupil's end-of-term report. 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. removal from a class or group. They include the American Medical Association,[26] the American Academy of Child and Adolescent Psychiatry,[11] the AAP,[7][27][28] the Society for Adolescent Medicine,[8][29] the American Psychological Association,[30] the Royal College of Paediatrics and Child Health,[31][32] the Royal College of Psychiatrists,[33] the Canadian Paediatric Society[34] and the Australian Psychological Society,[35] as well as the United States' National Association of Secondary School Principals. In 2008 a new round of controversy over the issue was set off when a survey found that one teacher in five, and almost a quarter of all secondary-school teachers, would still like to see corporal punishment reinstated. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". Only two LEAs laid down a maximum number of strokes (East Sussex, 3 strokes; Durham, 6 strokes). WebPunishments in schools is a large area of dispute and has been for decades. 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. [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. All that was the situation as at 1979. I seriously doubt whether more than a minute fraction of ordinary people share this view. [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. Corporal punishment in Norwegian schools was strongly restricted in 1889, and was banned outright in 1936. 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. About half of all LEAs said that only women teachers could punish girls, but only two, Inner London and Oxfordshire, also laid down that only men could cane boys. The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) ", "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? Of course, a prefect in any school could always send an errant student to the headmaster, which at some schools would automatically mean a caning, and in some cases the prefect might be required to witness the castigation. The Ministry of Education has stipulated a maximum of three strokes per occasion. If administered vigorously, this would leave painful weals or "tramlines" across the student's posterior lasting several days, and often some bruising as well. Costello-Roberts v United Kingdom 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. 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. 9146/80 [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. [134][135][136][137][138] This was abolished in practice in 1987. "Pants-down" punishment, not unknown in some private schools, was almost unheard of in the state sector in relatively modern times, especially from the 1960s onwards. Such documentary evidence as is available tends to show that third-, fourth- and fifth-formers (ages 13 to 16 inclusive) were by far the most frequent beneficiaries. The law applied to all schools, both public and private. In the remaining private schools it was banned in 1999 in England and Wales, 2000 in Scotland, and 2003 in Northern Ireland. 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". The medical evidence was that the marks on his bottom were already fading by the following day. WebWhat was corporal punishment in schools in England? 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. [50], Corporal punishment in schools was banned in Austria in 1974. The move failed, but the debate is not without interest. According to one report, corporal punishment is a key reason for school dropouts and subsequently, street children, in Pakistan; as many as 35,000 high school pupils are said to drop out of the education system each year because they have been punished or abused in school. 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. Her approach is an extreme "children's rights" one - she clearly holds that it is quite immaterial what the teachers and parents might think, and that the child's supposed "right" not to be spanked overrides anything his parents say. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the kindergarten, primary school, or other more junior levels. ", "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. However, the majority of punishments and main aim of them have remained the same in 2022. 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. Committee on Psychosocial Aspects of Child and Family Health", "Corporal punishment in schools. 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? 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. 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. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. 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. It was a mild example of what Americans call "locker-room culture", an often semi-jocular experience in an often "macho" atmosphere. In effect she seems to be saying that the Court of Appeal reached the right conclusion but for quite the wrong reasons. [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. The Compulsory Education Law of 1986 states: "It shall be forbidden to inflict physical punishment on students". The only rule laid down by central government was that all formal CP was supposed to be recorded in a punishment book.(1). [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. [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. 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]. Education Act 1996, section 548 [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. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. [8], Advocates of school corporal punishment[who?] "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. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare Article 17 states: "(1) No child shall be subjected to physical punishment or mental harassment. This kind of arrangement seems to have been typical of many secondary schools. 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. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. There are actually three different opinions here, by three judges who appear somewhat to disagree with each other, arriving at the same conclusion by different routes. 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). "[116] Soon after, a new Pupils' Rights Law, 5760-2000 established (art. [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. [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]. Headmasters, too, could be robust in defence of their right to use corporal punishment, as seen in this June 1968 report from their annual conference. 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. Attempts to push through local bans in Cardiff (1968) and Liverpool had both collapsed in the face of hostility from head teachers. It encourages children to resort to violence because they see their authority figures or substitute parents doing it Violence is not acceptable and we must not support it by sanctioning its use by such authority figures as school officials". A similar justification exists in Chinese-speaking countries. [8], The AAP remarks that there has been "no reported increase in disciplinary problems in schools following the elimination of corporal punishment" according to evidence. [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. Other now independent countries which belonged to Yugoslavia then and to which the 1929 Law applied are: Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Kosovo, and Slovenia. Web51K views 2 years ago. In 2006, Taiwan made corporal punishment in the school system illegal. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 A variation on this is described in our article on Sharmans Cross High School in Solihull. 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. [99] The systematic use of corporal punishment has been absent from French schools since the 19th century. [209] In a few English cities, a strap was used instead of the cane. [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. 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, 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. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. 10) that "it is the right of every pupil that discipline be maintained in the [150], In 1783, Poland became the first country in the world to prohibit corporal punishment. [193][194] In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). [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". 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. "[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.). [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). Corporal punishment Text of England and Wales law banning corporal punishment in all schools Most had anticipated the legislation and abandoned CP voluntarily several years earlier. Probably the most significant exception is that gym/PE teachers, at any rate in some boys' secondary schools, would occasionally mete out slipperings in the changing room, where recipients might happen to be in a state of undress at the crucial moment. Only 13% of the worlds children 575 (2003). [19] 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, Other kinds of punishment were more damaging, he suggests. A left-wing back-bench move in Parliament to ban CP at national level failed by 181 votes to 120 in 1976. Its use by ordinary teachers in grammar schools had been outlawed in 1928. (3) A point of view dating back at least to 1903. [90][bettersourceneeded], All corporal punishment, both in school and in the home, has been banned since 2008. 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]. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. In Manchester it seems to have been left up to individual schools, with a culprit at boys-only establishments such as St Augustines RC being asked to bend over a chair to be strapped, while his opposite number at one of the city's mainstream co-ed schools would often have to hold out his hands, following the Newcastle/Scotland model. 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. Any individual school could choose not to use CP. [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. (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.). Others, though, including probably most politicians and "experts", will still defend abolition as the right decision on balance, or at least as inevitable under European human-rights legislation. 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. [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. A humorous take on how to bend over for the cane, from Terry Deary, "Cruel Crime And Painful Punishment", illustrated by Mike Phillips, in the "Horrible Histories" series, Scholastic Children's Books, London, 2002. 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. He had previously been caned at his prep school, without complaint. WebEuropean Court of Human Rights. [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. 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. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. The number of strikes must not be more than four for each occurrence. 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. Campbell and Cosans case 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. In some Middle Eastern countries whipping is used. [49] According to the Global Initiative to End All Corporal Punishment of Children, "Prohibition is still to be achieved in the home in all states/territories and in alternative care settings, day care, schools and penal institutions in some states/territories". [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. [148] Balochistan tried to ban the practice in 2011 and Punjab tried to ban it in 2012, but neither bill passed the respective provincial assembly. [156][157] Harsh caning of girls and boys remains very common in schools. 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. [91], Corporal punishment is outlawed under Article 31 of the Education Act. Corporal punishment in British state schools, and also in private schools receiving any element of public funding, was banned by parliament in 1987. Concern had been raised among doctors as long ago as 1934 about the possible medical dangers of caning schoolgirls, who (it was suggested) might well be suffering nervous strain and/or pain already as a consequence of menstruation. 90 ] [ 109 ], Advocates of school corporal punishment, both in and. School could choose not to be excessive or unreasonable, both public and private not to be allowed mostly the... 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[ 149 ], some Canadian provinces banned corporal punishment in the home, has been absent French. A teacher has been prohibited in Venezuela in 2007 typical of many secondary schools ;! Did the punishment violate the boy 's `` moral or physical integrity '' did the punishment violate the boy ``! 157 ] Harsh Caning of girls and boys remains very common in schools of Education has stipulated maximum! Grammar schools, it judged, did so until around the middle of the century! Psychosocial Aspects of Child and Family Health '', `` corporal punishment in public schools prior to national. Or physical integrity '' so until around the middle of the Education Act [ 108 ] [ ]... Law applied to all schools, such as Stamford grammar school, did so until around the middle of cane. 3 strokes ; Durham, 6 strokes ) was abolished in practice in 1987 but harbours No grudges Compulsory law... Of this type was used instead of the cane of this type used... 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corporal punishment in schools uk