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Application No. Web51K views 2 years ago. [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. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. [119] An education ministry survey found that more than 10,000 students received illegal corporal punishment from more than 5,000 teachers across Japan in 2012 fiscal year alone. development and not resorting to corporal punishment, and the role of national bodies in implementing the RTE Act, stating: "This advisory should be used by the State Governments/UT Administrations to ensure that appropriate State/school level guidelines on prevention of corporate punishment and appropriate redressal of any complaints, are framed, disseminated, acted upon and monitored. 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. [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. As far as is known, corporal punishment was nowhere systematically made a matter of choice either for parents or students, as is nowadays routine in some American schools. It depended partly on who was allowed to use the cane: in some places all teachers were permitted to do so, while other schools restricted it to the head and deputy head, or perhaps to senior teachers or heads of department only. Certainly a hard slippering of several whacks would be eye-wateringly more painful than a feeble caning, and could leave the student's backside bruised for some days. To put this in context, it should be remembered that the 1970s and early 1980s in Britain was a period when the extreme left was successfully infiltrating many local Labour Parties and several trade unions. On 28 January 1997 the UK parliament debated reinstating CP in state schools, ten years after it was abolished. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. 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. 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. One also hears of rulers having been rapped across knuckles, but I am not sure if this was common. 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. The UK government argued, unsuccessfully, that opinions about corporal punishment did not amount to "philosophical convictions". [124] In November 2007, in response to a perceived increase in indiscipline among female students, the National Seminar on Education Regulations (Student Discipline) passed a resolution recommending allowing the caning of girls at school. 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. 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. [10], Corporal punishment in the context of schools in the late 20th and early 21st centuries has been variously defined as: causing deliberate pain to a child in response to the child's undesired behavior and/or language,[11] "purposeful infliction of bodily pain or discomfort by an official in the educational system upon a student as a penalty for unacceptable behavior",[7] and "intentional application of physical pain as a means of changing behavior" (not the occasional use of physical restraint to protect student or others from immediate harm).[8]. In addition, the obligation of member states to prohibit corporal punishment in schools and elsewhere was affirmed in the 2009 Cairo Declaration on the Convention on the Rights of the Child and Islamic Jurisprudence. In 2011 another survey found that half of parents and 19% of students also wanted to bring back the cane. [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. 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. (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. [175], Corporal punishment in schools is officially illegal under the Ministry of Education Regulation on Student Punishment 2005. educational institution in conformity with human dignity and, in that regard, he has the right not to be subjected to corporal or degrading disciplinary measures. 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. 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. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. 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. Caning in Private Schools, 1960s "[114], Corporal punishment in Italian schools was banned in 1928. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. 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. (3) A point of view dating back at least to 1903. In early 2007, a southern Auckland Christian school was found to be using this loophole to discipline students by corporal punishment, by making the student's parents administer the punishment. WebIn the mid-20th century, discipline and punishment in English schools was relatively benign. And corporal punishment continued in some places for a long 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. DFEECircular No 10/98 Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). [121][122], Caning, usually applied to the palm or clothed bottom, is a common form of discipline in Malaysian schools. It cannot be emphasised too strongly that these are all broad generalisations, to which exceptions could always be found. This is the legislation voted into law on 25 March 1998, which took effect the following year. 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. [228][229] The caning of girls is not particularly unusual, and girls are as likely to be caned at school as boys.[230][231][232]. [3] There is a vast amount of literature on this, in both popular and serious culture. 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. [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. Mass punishments in front of the class are common, and the large number of corporal punishment scenes in films suggest that caning is an accepted cultural norm in education. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. (See list of countries, below.). [193][194] In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. 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". [139][140][141], This was criminalised on 23 July 1990,[142] when Section 139A of the Education Act 1989 was inserted by the Education Amendment Act 1990. 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. Text of legislation prohibiting corporal punishment of any student, whether in a state or independent school, whose education is to any extent publicly funded. "Getting your detentions caned off" was an offer aimed especially at sportsmen at some schools, where the student's presence at an important match, which he would otherwise miss, might be crucial. [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. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". 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. [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. [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. Committee on the Rights of the Child (2001). [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. 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. CP in primary schools seems generally to have tailed off rather earlier than in secondary schools: common enough in the early 1950s, it was clearly less so by the end of the 1960s, though it had by no means disappeared everywhere even in the early 1980s, as these punishment-book extracts show. [87] The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. 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.). [88], Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. 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. The ILEA had already put a stop to CP in primary schools with effect from 1973. [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). According to the Law for the Protection of Children and Adolescents, "All children and young people have a right to be treated well. Underwear, too, got briefer and more lightweight as fashions changed. An equivalent law for Scotland came into force in 2000. By the early 1900s, most schools had abandoned corporal By 2016, an estimated 128 countries had prohibited corporal punishment in schools, including all of Europe, and most of South America and East Asia. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. Feature article about a heavy-caning school near London. 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