[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]. [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. [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. [82][83] This was used on boys and girls alike. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. Committee on the Rights of the Child (2001). 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. The most common reported injuries were bumps and contusions. Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). Other crimes often punished corporally included bullying, cheating, insolence, missing detention, and truancy. 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. [126], The Education Act of 2008 prohibits all corporal punishment in schools. [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. The school should have a register where date, reason, name of pupil and of administering teacher, together with the number of strikes, is to be recorded. 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? 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. 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". ), The state education system in England and Wales used to be highly decentralised, and there were always wide variations of practice between schools, even between different schools of the same kind in the same area. [112] Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished. In Tyrer v.UK the Court held that the judicial birching of a 15 year-old boy breached his right to protection from degrading punishment.In the following two decades the Court condemned school corporal punishment, first in 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. [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. [127], Caning is commonly used by teachers as a punishment in schools. WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. In Serbia, corporal punishment in schools is now unlawful under the Law on Secondary Schools 1992, the Law on Elementary Schools 1992 and the Law on the Foundations of Education and Upbringing 2003/2009. 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. [175], Corporal punishment in schools is officially illegal under the Ministry of Education Regulation on Student Punishment 2005. From the 1917 Russian revolution onwards, corporal punishment was outlawed in the Soviet Union, because it was deemed contrary to communist ideology. The move failed, but the debate is not without interest. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." 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. The student might be asked to stand in front of it and put his or her hands or elbows on the seat, or to stand behind it and bend over its back. The request, if granted, would be fulfilled forthwith, and the slate thereby wiped clean. 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. (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.). [217] The Court ruled 54 in that case that the punishment was not severe enough to infringe the student's "freedom from degrading punishment" under article 3 of the European Convention on Human Rights. 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. A similar justification exists in Chinese-speaking countries. 18 required the act to be done in private; 10 mandated a witness to be present. 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. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. All that was the situation as at 1979. [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. Reading between the lines, I wonder whether the whole thing was pursued by the mother rather against the boy's wish, and since by the time the case reached Strasbourg he had become an adult, he was able to decide for himself to back out. The medical evidence was that the marks on his bottom were already fading by the following day. 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. American Academy of Pediatrics. In some countries, almost all students report being physically The article makes no mention of caning. In many countries, like Thailand, where the corporal punishment of students is technically illegal, it remains widespread and accepted in practice (for both boys and girls). The case concerned two Scottish boys whose parents refused to allow them to be given the belt at school. It sanctions the notion that it is meritorious to be violent toward our children, thereby devaluing them in society's eyes. 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. 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. Probably the most popular caning offence was smoking. [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. Punishment of this type was used in schools up until 1988/ 90 when it was banned. 9146/80 Other kinds of punishment were more damaging, he suggests. 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. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. "[154], Corporal punishment was first explicitly prohibited in schools in article 67 of the Law on Public Schools 1929, passed in the Kingdom of Yugoslavia, of which Serbia was then a part. [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] 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". Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. When parents or teachers use spanking, it doesnt lead to the desired outcomes in discipline or teach children how to regulate their In this article about a secondary modern school in Norfolk in the 1950s, it is claimed that boys were slippered hard on the backside, sometimes with "six of the best", while girls were rulered on their hands. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. 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. 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". [90][bettersourceneeded], All corporal punishment, both in school and in the home, has been banned since 2008. Most secondary schools (whether independent, autonomous or government-controlled), and also some primary schools, use caning to deal with misconduct by boys. [99] The systematic use of corporal punishment has been absent from French schools since the 19th century. An article by one who received school CP in the 1960s: what it was like, and how he feels about it now. "Public" ceremonies of formal caning in front of the whole school were rare in modern times, though not completely unknown. [8], Advocates of school corporal punishment[who?] Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). 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. (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). Nor, it judged, did the punishment violate the boy's "moral or physical integrity". Then in 1977/78 came the National Union of School Students, marginally longer-lasting but scarcely any more representative of pupils generally. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. ", "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? A feature article including a table of "The top 50 CP schools". Corporal punishment "The punishments in French schools are impositions and confinements."--. It was not completely abolished everywhere The law applied to all schools, both public and private. 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. 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. [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. By 2016, an estimated 128 countries had prohibited corporal punishment in schools, including all of Europe, and most of South America and East Asia. 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. [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. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". Clearly, it is widely felt that the anarchy and chaos now evidently prevailing in so many state schools -- and the poor educational standards that result -- are due at least in part to the enforced absence of corporal punishment. [4][5], In the English-speaking world, the use of corporal punishment in schools has historically been justified by the common-law doctrine in loco parentis, whereby teachers are considered authority figures granted the same rights as parents to discipline and punish children in their care if they do not adhere to the set rules. 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. 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. However, the court did hold that the boys had been deprived of their right to an education in keeping with their parents' views, contrary to Article 2 ("the State shall respect the right of parents to ensure such education in conformity with their own religious and philosophical convictions"). 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. "Bend over!" The 100+ local education authorities (LEAs) in England and Wales -- created in 1902 to replace the old local school boards -- formulated their own rules, or in some cases decided not to have any rules. 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