corporal punishment in schools uk

It is a matter of conjecture how much part the anti-CP organisation STOPP played in causing this snowballing trend. 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. 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. [128][129] The cane is applied on the students' buttocks, calves or palms of the hands in front of the class. [225], Corporal punishment is technically unlawful in schools under article 75 of the Education Law 2005,[226] but there is no clear statement that corporal punishment is prohibited. ", "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? [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. 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". [175], Corporal punishment in schools is officially illegal under the Ministry of Education Regulation on Student Punishment 2005. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. Discussion of the above and other ECHR cases, from a "children's rights" point of view. [ 24] 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. [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. [UPDATE: This is more or less what later happened in Williamson, the "Christian schools" case, see above.]. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare U. L. Rev. [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. It is a myth that abolition was overwhelmingly demanded by school pupils themselves. [212], By the 1970s, in the wake of the protest about school corporal punishment by thousands of school pupils who walked out of school to protest outside the Houses Of Parliament on 17 May 1972, corporal punishment was toned down in many state-run schools, and whilst many only used it as a last resort for misbehaving pupils, some state-run schools banned corporal punishment completely, most notably, London's Primary Schools, who had already began phasing out corporal punishment in the late 1960s. 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? In this instance the local newspaper evidently thought it remarkable; but journalists have often been poorly informed on these matters, and the anecdotal evidence strongly suggests that there were more, probably a lot more, slipperings than canings in English schools, at least in the 1960s and 1970s. removal from a class or group. [100] Corporal punishment is considered unlawful in schools under article 371-1 of the Civil Code. Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. 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. [Source Global Initiative to End All Corporate Punishment of Children]. Some 20% of secondary schools did so in the 1970s, according to informal guesstimates by STOPP. [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. Any individual school could choose not to use CP. Costello-Roberts v United Kingdom WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. Such punishment continues to be used,[227] and there are frequent media reports of excessive corporal punishment in schools. "Public" ceremonies of formal caning in front of the whole school were rare in modern times, though not completely unknown. Stretching Forward to Learn [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. WebEuropean Court of Human Rights. "[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.). 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. Text of legislation prohibiting corporal punishment of any student, whether in a state or independent school, whose education is to any extent publicly funded. Probably the most frequently used aid to punishment was a chair. 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. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. [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. (2) Under Section 23 of the Education Act 1944. 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. [22] In practice, beatings by schoolteachers are quite common, especially in rural areas. The use of corporal punishment in schools was prohibited by the South African Schools Act, 1996. 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. 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). 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. [174], In Tanzania, corporal punishment in schools is widely practised and has led to lasting damage, including the death of a punished pupil. Covers the UK only, with a major emphasis on school CP but also some interesting material about judicial and military juvenile punishments of the past. Committee on Psychosocial Aspects of Child and Family Health", "Corporal punishment in schools. 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. WebPunishments in schools is a large area of dispute and has been for decades. [79], In public schools, the usual implement was a rubber/canvas/leather strap applied to the hands or sometimes, legs,[80][81] while private schools sometimes used a paddle or cane administered to the student's posterior. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. (2) These varied a lot, but most were not very specific about the modus operandi. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). Among the majority of mainstream state secondary schools, caning (usually across the seat of a bending student's trousers) had been particularly prevalent in boys-only schools of all types, from mediaeval grammar schools(5) to brand-new secondaries modern. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. 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. Opponents, including many medical and psychological societies, along with human-rights groups, argue that physical punishment is ineffective in the long term, interferes with learning, leads to antisocial behavior as well as causing low self-esteem and other forms of mental distress, and is a form of violence that breaches the rights of children. Clearly, all the school authorities actually did wrong was to fail to spell out, in their information to prospective parents, that corporal punishment was a possible consequence of misbehaviour -- though I think they might have been forgiven for assuming that anybody who knew anything about anything would have been perfectly well aware that that was an entirely normal practice at boys' independent prep schools at the time. Feature article about a heavy-caning school near London. What do the Friends Reunited anecdotal recollections tell us about the nature, distribution and incidence of corporal punishment in English schools in the 1960s and 1970s? In some countries, almost all students report being physically [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]. 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). 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. The court held that three whacks on the buttocks through shorts with a rubber-soled gym shoe, applied by the headmaster in private, did not constitute inhuman or degrading punishment. To me, this decision seems perverse. 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. [117], Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. However, the majority of punishments and main aim of them have remained the same in 2022. [45][46] Laws on corporal punishment in schools are determined at individual state or territory level. 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. [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. It was a mild example of what Americans call "locker-room culture", an often semi-jocular experience in an often "macho" atmosphere. 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. [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. 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. 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. Joe The King: 1999 Joe is spanked on his bare bum over his teachers lap in front of his class. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. Various emails have told me that boys were occasionally caned, but punishment [40] The Committee interprets Article 19 of the Convention on the rights of the child, which obliges member states to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse while in the care of parent(s), legal guardian(s) or any other person who has the care of the child", to imply a prohibition on all forms of corporal punishment. 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). A key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. 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. It is interesting that the judge in that case deprecated caning on the hands and boxing the ears, and said they were "exceedingly dangerous forms of punishment". 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. [115] This decision repealed section 7 of article 27 of the Civil Wrongs Ordinance 1944, which provided a defence for the use of corporal punishment in childrearing, and stated that "the law imposes an obligation on state authorities to intervene in the family unit and to protect the child when necessary, including from his parents. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. CP in girls-only schools was, by all accounts, very rare. [19] Communists in other countries such as Britain took the lead in campaigning against school corporal punishment, which they viewed as a symptom of the decadence of capitalist education systems. Corporal punishment in British state schools, and also in private schools receiving any element of public funding, was banned by parliament in 1987. I think we can probably view this case as the absolutely final and definitive nail in the coffin of school CP in Britain. Text of England and Wales law banning corporal punishment in all schools Cuartas offers three steps educators and caregivers can take toward eradicating spanking in schools and homes: Recognize that spanking is not an effective tool of discipline in the classroom or at home. 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. Rugby at a traditional boys' school in the 1960s. The UK government argued, unsuccessfully, that opinions about corporal punishment did not amount to "philosophical convictions". [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. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. [25], A number of medical, pediatric or psychological societies have issued statements opposing all forms of corporal punishment in schools, citing such outcomes as poorer academic achievements, increases in antisocial behaviours, injuries to students, and an unwelcoming learning environment. 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. 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. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. 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. Some schools did cane in classrooms or halls or corridors, witnessed by whoever happened to be present. [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. [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. [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". Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare bottom. [197], The implement used in many state and private schools in England and Wales was often a rattan cane, struck either across the student's hands, legs, or the clothed buttocks. [126], The Education Act of 2008 prohibits all corporal punishment in schools. Probably the most popular caning offence was smoking. It should also be noted that the Article 2 claim stood up only because there were no alternative non-belting state schools within reach, and the parents in question could not afford private schools. In this 1894 court case, a clearly out-of-control teacher was successfully prosecuted and fined for assault. 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. However, teachers in New Zealand schools had the right to use what the law called reasonable force to discipline students, mainly with a strap, cane or ruler, on the bottom or the hand. The Cane and the Tawse in Scottish Schools 575 (2003). It sanctions the notion that it is meritorious to be violent toward our children, thereby devaluing them in society's eyes. The article makes no mention of caning. [120], Corporal punishment in schools was banned in 1845 and became a criminal offence in 1974 (Aggravated Assault on Minors under Authority). [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. At all events, I have to say that after over an hour's careful perusal I put this document down feeling completely unconvinced that these private schools should be prevented by law from mildly spanking their students when necessary, if that is what the parents want. Application No. There was the odd exception like Northwich Girls' Grammar School; but even there, the formidable Miss Janet Dines claimed she had hardly used the cane in ten years before the event that got her into all the newspapers in 1976. [176], The proverb "If you love your cow, tie it up; if you love your child, beat him" is still considered "wisdom" and is held by many Thai parents and teachers. 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. WebSchools Corporal punishment is prohibited in all state and private schools, but it has yet to be enacted in relation to some unregistered independent settings providing 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. Corporal Punishment Archive 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. The punishment was administered by the headmaster, Mr Blackshaw, who allegedly took a run-up at each stroke (though this was denied by the authorities). I note from former Brighton College students' reminiscences formerly at Friends Reunited (website now closed down) that Mr Blackshaw was not averse to dishing out six of the best in other cases, so arguably he let Matthew off rather lightly. [193][194] In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). [113], A 1994 Supreme Court ruling in The State of Israel v Alagani declared that "corporal punishment cannot constitute a legitimate tool in the hands of teachers or other educators", applicable to both state and private schools. What did CP in British schools involve? It remains commonplace in a number of countries in Africa, Southeast Asia, and the Middle East (see list of countries, below). WebCorporal punishment was banned in private schools in England in 1999. 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. argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. 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. No LEA banned corporal punishment altogether until 1979/80, when three Labour-controlled outer London boroughs took the abolitionist plunge, followed more famously in 1981 by the huge, Labour-controlled Inner London Education Authority (ILEA), which covered 12 London boroughs, a population of nearly 3 million, and getting on for 1,000 schools. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 [148], School corporal punishment in Pakistan is not very common in modern educational institutions although it is still used in schools across the rural parts of the country as a means of enforcing student discipline. [161] Only a light rattan cane may be used. This academic paper (2018) is very interesting despite some woolly jargon. This kind of arrangement seems to have been typical of many secondary schools. Was prohibited by the South African schools Act, 1996 determined at individual state or territory level Psychosocial Aspects Child... Academic paper ( 2018 ) is very interesting despite some woolly jargon in India, punishment... Cognitive harm 1 ) No person may administer corporal punishment is still widely prevalent in.. Private schools in England in 1999, in India, corporal punishment was in! 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