(At my own similarly ancient grammar school, this practice was said to have been stopped in the 1940s.) What did CP in British schools involve? Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. Liberal regions in South Korea have completely banned all forms of caning beginning with Gyeonggi Province in 2010, followed by Seoul Metropolitan City, Gangwon Province, Gwangju Metropolitan City and North Jeolla Province in 2011. It cannot be emphasised too strongly that these are all broad generalisations, to which exceptions could always be found. They assumed a right of chastisement was a defense of justification against the accusation of "causing bodily harm" per Paragraph (=Section) 223 Strafgesetzbuch (Federal Penal Code). 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. 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. L. Rev. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. The Education Act of 2002 authorizes the minister in charge of education to issue regulations concerning corporal punishment. [158][159][160], Corporal punishment is legal in Singapore schools, for male students only (it is illegal to inflict it on female students) and fully encouraged by the government in order to maintain discipline. 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. Also some worthwhile commentary about how attitudes slowly changed after the second world war, and the fluctuating views of the various teachers' trade unions during the 1970s and 1980s debates about abolition. 447 (2002); Deana A. Pollard, Banning Child Corporal Punishment, 77 Tul. 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. The Friends Reunited evidence [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. The article is illustrated with pictures of a gym shoe said to have been used for the purpose at a different school in the 1970s. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. However, there are no prohibitions of it at home. 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. Several more Labour-controlled LEAs followed suit in the early 1980s. [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. The Compulsory Education Law of 1986 states: "It shall be forbidden to inflict physical punishment on students". WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. The article makes no mention of caning. On 28 January 1997 the UK parliament debated reinstating CP in state schools, ten years after it was abolished. [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". 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. 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. The most common reported injuries were bumps and contusions. Costello-Roberts v United Kingdom [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. More often, though, "getting the cane" was a punishment that (unlike detention) at least had the advantage, from the student's point of view, that with any luck one's parents might not get to hear about it. R v Secretary of State for Education and Employment and Others ex parte Williamson and Others [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. 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. [7] The doctrine has its origins in an English common-law precedent of 1770. Four independent Christian schools (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). The cane was also not uncommon, at least up to the late 1970s, in many mixed-sex schools, whether comprehensive or selective, though boys generally needed a lot more disciplining than girls. 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". Even if it was not explicitly forbidden anywhere, the authorities in all likelihood would not have tolerated it. Quite a few primary schools, like quite a few secondary schools (though by no means all), chose to exempt girls entirely from all these kinds of punishment, even where boys received it rather often. A position paper of the Society for Adolescent Medicine", "Royal College of Paediatrics and Child Health Position Statement on corporal punishment", "Memorandum on the Use of Corporal Punishment in Schools", "Legislative assembly questions #0293 - Australian Psychological Society: Punishment and Behaviour Change", "General comment No. In effect she seems to be saying that the Court of Appeal reached the right conclusion but for quite the wrong reasons. He had previously been caned at his prep school, without complaint. By the late 2000s, over twenty years after CP was removed from state schools in 1987, there was still a lack of consensus on the issue, with many parents and commentators, some teachers and community leaders and even young people continuing to believe that moderate and properly regulated caning (or belting, in Scotland) helped to maintain order, and was a much more constructive response to serious misdeeds than suspension or expulsion, which merely grant a "holiday" to those who refuse to behave. 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. Corporal Punishment Archive 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. 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. Manchester Grammar School was exceptional in going back from caning to birching in 1904 and in 1907 staunchly defending the practice as greatly preferable to caning. [41], Corporal punishment of minors in the United States, According to the Global Initiative to End All Corporal Punishment of Children, all forms of corporal punishment in schools are outlawed in 128 countries as of 2016. [100] Corporal punishment is considered unlawful in schools under article 371-1 of the Civil Code. Punishment of this type was used in schools up until 1988/ 90 when it was banned. 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. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. Education Act 1996, section 548 In Ukraine, "physical or mental violence" against children is forbidden by the Constitution (Art.52.2) and the Law on Education (Art.51.1, since 1991) which states that students and other learners have the right "to the protection from any form of exploitation, physical and psychological violence, actions of pedagogical and other employees who violate the rights or humiliate their honour and dignity". 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. [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. See also this May 1978 news item about unofficial slippering at a famous boys' comprehensive school in inner London. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. 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. Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. 294 of 2002 gives the authority to order corporal punishment to the headmaster of a school, who can delegate to any teacher on a case-by-case basis. 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. [172] Those who broke this law risked losing job and career; as a result, this historically well-entrenched practice soon disappeared. WebCorporal Punishment in Schools - YouTube 0:00 / 4:11 Corporal Punishment in Schools MrForgettablePodcast 45.2K subscribers Subscribe 1.1K 486K views 7 years ago Please 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. [82][83] This was used on boys and girls alike. As far as I know, this is what the 1986 legislation already said, so perhaps this was just a consolidating act. Text of England and Wales law banning corporal punishment in all schools [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. [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. This is the legislation voted into law on 25 March 1998, which took effect the following year. 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. 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. It is not clear how long this eccentric policy lasted: MGS seems to have reverted to caning by the postwar era and was certainly caning boys in the 1970s. It had been very regularly used on both boys and girls in certain schools for centuries prior to the ban. [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. [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]. 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. Certainly, from the late 1970s onwards, it put out plenty of controversial propaganda, especially in the form of letters to local newspapers, but there is some evidence that the real push for abolition within a number of LEAs came rather more from left-wing Labour councillors in collaboration with a far-left ginger group within the National Union of Teachers (NUT) called "Rank and File", with which STOPP's (always small) membership somewhat overlapped. The schools claimed that their "freedom of belief", as protected by human rights legislation, was infringed because it was their Christian belief that naughty children should be spanked. It is a matter of conjecture how much part the anti-CP organisation STOPP played in causing this snowballing trend. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). 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. There is no federal law addressing corporal punishment in public or private schools. [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. [155], Corporal punishment of children remains legal in schools, homes, alternative care and day-care centres. [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]. 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). School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. 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. At least one (Bradford) laid down that the punishment must follow as soon as possible after the offence. [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. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. Caning in Private Schools, 1960s 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. (5) But the traditional grammar schools, like most of the independent schools, would generally have used the birch until the mid- to late 19th century. In 18 U.S. states, corporal punishment is lawful in both public and private schools. School Education Regulations, s40, cf Criminal Code Act, s257. 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. [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. An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). 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. [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. In 2006, Taiwan made corporal punishment in the school system illegal. WebCorporal punishment was common in schools for thousands of years as a punishment for bad behaviour. 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. 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. Probably the most frequently used aid to punishment was a chair. A retrospective myth seems to have grown up in some quarters that this issue was one of the causes of eventual total abolition, but I know of absolutely no evidence for this claim. Examples of punishments (sometimes called sanctions) include: a telling-off. From the 1917 Russian revolution onwards, corporal punishment was outlawed in the Soviet Union, because it was deemed contrary to communist ideology. [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. And as recently as 2012 the co-founder and chairman of the governors of the most high-profile of the then brand-new so-called "Free Schools" said he would happily restore CP if it were allowed. 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. Nor, it judged, did the punishment violate the boy's "moral or physical integrity". Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. This was a rare case of the media writing about the existence of the slipper in their coverage of school CP, which usually dealt only with the cane. See news report of 14 November 1992, Public schoolboy awarded 8,000 for caning ordeal, which includes a picture of Matthew, by then aged 25. 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. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. [3] There is a vast amount of literature on this, in both popular and serious culture. Privately funded schools came a little bit later: 1998 in England and Wales, 2000 in 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. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." 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. No source is cited for this claim. [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. It felt unfair, but was it harmful? [163] At the secondary level, the rattan strokes are nearly always delivered to the student's clothed buttocks. 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". The ILEA had already put a stop to CP in primary schools with effect from 1973. 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. 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. Committee on the Rights of the Child (2001). An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. ", "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? One education committee, Romford (then in Essex but now part of Greater London), unusually banned public CP in 1961 after six girls were caned in front of 600 schoolmates. [162] This is administered in a formal ceremony by the school management after due deliberation, not by classroom teachers. [120], Corporal punishment in schools was banned in 1845 and became a criminal offence in 1974 (Aggravated Assault on Minors under Authority). But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. According to the Law for the Protection of Children and Adolescents, "All children and young people have a right to be treated well. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. to the head teacher and those specifically delegated by him or her. [127], Caning is commonly used by teachers as a punishment in schools. 575 (2003). The only rule laid down by central government was that all formal CP was supposed to be recorded in a punishment book.(1). That all formal CP was supposed to be saying that the Court of Appeal reached the right conclusion for. 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