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. Probably the most popular caning offence was smoking. 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". 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. [10] (46 of these countries also prohibited corporal punishment of children in the home as of May 2015). 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. [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. 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. As enacted, the law had a loophole: parents, provided they were not school staff, could still discipline their children on school grounds. What did CP in British schools involve? School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. 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. 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. [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. 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. WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. 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. WebCorporal punishment was common in schools for thousands of years as a punishment for bad behaviour. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. (4) Guide to LEAs' Corporal Punishment Regulations in England and Wales, Society of Teachers Opposed to Physical Punishment, Croydon, 1979. This kind of arrangement seems to have been typical of many secondary schools. We are solemnly informed that the caning brought tears to his eyes and that he was in severe pain for an hour -- well, that is actually the object of the exercise! Any individual school could choose not to use CP. They are, in chronological order by year of provincial ban:[citation needed], Corporal punishment in China was officially banned after the Communist Revolution in 1949. A feature article including a table of "The top 50 CP schools". Effects of Corporal Punishment 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. L. Rev. 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. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. Again, practice varied widely. Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. By the early 1900s, most schools had abandoned corporal An extract from the ubiquitous polymath's memoir Moab Is My Washpot (1997). 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. NASUWT members tended to complain that the NUT was much too dominated by female primary-school teachers who had no experience of the problems facing teaching staff in tough secondary schools. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. 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. 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. [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. The Education Act of 2002 authorizes the minister in charge of education to issue regulations concerning corporal punishment. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. 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. This page is mainly about state schools in England and Wales. 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. WebCorporal punishment is illegal in schools in a total of 132 countries. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. Contrary to popular myth, the court found that corporal punishment, of the kind then routinely administered in Scottish schools, was not of itself a breach of the Human Rights Convention. 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. Costello-Roberts v United Kingdom 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. 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. WebPunishments in schools is a large area of dispute and has been for decades. According to an amendment to the Code on Children and Adolescents 1990, "Children and Adolescents are entitled to be educated and cared for without the use of physical punishment or cruel or degrading treatment as forms of correction, discipline, education or any other pretext". [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. 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. 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. Some might feel that it would be difficult to think of a more appropriate case for a smart swishing. True, a flurry of activity by the very short-lived "Schools Action Union" in 1972 briefly gained some press publicity, but this was a tiny, and almost certainly highly unrepresentative, group based entirely in a small number of London schools and manipulated, if not indeed created, by older students on the far left. [198][199], Sometimes, a long ruler was used on the bare legs or hands instead of a cane. 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. [citation needed] Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. 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. Stephen Fry on Corporal Punishment 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. [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. It sanctions the notion that it is meritorious to be violent toward our children, thereby devaluing them in society's eyes. The new Sex Discrimination Act generated a certain amount of nonsense in the tabloid press in early 1976, with speculation that girls would thenceforth have to be caned as much as boys. There was no explicit legal ban on it,[101] but in 2008 a teacher was fined 500 for what some people describe as slapping a student. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. (She doesn't, as far as I can see, comment on the possibility that the child himself might take a different view, perhaps preferring being spanked to some other punishment.). to the head teacher and those specifically delegated by him or her. Corporal punishment in Greek primary schools was banned in 1998, and in secondary schools in 2005. The case concerned two Scottish boys whose parents refused to allow them to be given the belt at school. A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). ", "Web linnks: corporal punishment in schools", "Supreme Court takes strap out of teachers' hands", "Corporal Punishment ~ Canada's Human Rights History", "New measures taken in schools to improve teacher-student relations", "Colombia country report - Global Initiative to End All Corporal Punishment of Children", "Kansakoulun perustamisesta 150 vuotta lukemisen pelttiin laiskistavan", "Lasten ruumiillinen kuritus kiellettiin 30 vuotta sitten viel joka neljs tukistaa", "It's 40 years since corporal punishment got a general boot", http://www.endcorporalpunishment.org/wp-content/uploads/country-reports/India.pdf, "Corporal punishment against children and the law", "Teacher suspended over video of beating boy", "15-Year-Old Dies By Suicide After Being Beaten Up By Teacher, Suspended From School", "R.R. Page updated May 2021, separate article about CP in Scottish schools, going back from caning to birching in 1904, article on Sharmans Cross High School in Solihull, made the slipper their "official" implement, campaigned aggressively in favour of keeping the cane, Children sent to Caribbean for 'basic' schooling, The Cane and the Tawse in Scottish Schools, In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986, R v Secretary of State for Education and Employment and Others, Public schoolboy awarded 8,000 for caning ordeal, Scottish cases helped to ban the beatings, Parents win right to forbid school caning, The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998), Hansard: New clause 21: Corporal punishment, Text of England and Wales law banning corporal punishment in all schools, House of Commons: Corporal punishment lawful with parental consent. 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. Underwear, too, got briefer and more lightweight as fashions changed. [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. 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. 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. [6] It lets school officials stand in for parents as comparable authority figures. Purley High School for Boys Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. In 2016 a prominent newspaper columnist -- who happened to be the wife of a senior member of the government -- announced that she had changed her mind about CP for school bullies. "[114], Corporal punishment in Italian schools was banned in 1928. 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. 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? Committee on Psychosocial Aspects of Child and Family Health", "Corporal punishment in schools. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. 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. [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]. However, the majority of punishments and main aim of them have remained the same in 2022. This optional facility was known in some schools as "getting your detentions caned off". Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. 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. 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. 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. [7][8] Other reported injuries to students include "sciatic nerve damage",[7] "extensive hematomas", and "life-threatening fat hemorrhage". [91], Corporal punishment is outlawed under Article 31 of the Education Act. [8], Advocates of school corporal punishment[who?] [130][131], All corporal punishment, both in school and in the home, has been banned since 2018. 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. Text of legislation prohibiting corporal punishment of any student, whether in a state or independent school, whose education is to any extent publicly funded. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. 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. [19] (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. 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. I seriously doubt whether more than a minute fraction of ordinary people share this view. [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. As of 2019, 32 states and the District of Columbia have banned corporal punishment in public schools, though in some of these there is no explicit prohibition. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which could be imposed for assault.[165]. A 1977 survey of young people found that half of them were in favour of retaining CP at school, including many who had themselves been caned or strapped. 9146/80 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). 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. There is no federal law addressing corporal punishment in public or private schools. 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". (1) Department of Education, Administrative Memorandum 531, 1956 (but this was only a codification of a requirement laid down much earlier). (See list of countries, below.). [171], Spain banned school corporal punishment in 1985 under article 6 of the Right to Education (Organization) Act 8/1985. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. Webmortarboard and cane corporal punishment - corporal punishment in schools stock pictures, royalty-free photos & images Vintage illustration featuring a schoolboy being caned during a Greek lesson in "The Boy's Own Paper", published in London, circa 1896. [123][124][125] There have been reports of students being caned in front of the class/school for lateness, poor grades, being unable to answer questions correctly or forgetting to bring a textbook. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". [117], Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. From the 1917 Russian revolution onwards, corporal punishment was outlawed in the Soviet Union, because it was deemed contrary to communist ideology. 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]. The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) Several more Labour-controlled LEAs followed suit in the early 1980s. 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. 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). [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". The move failed, but the debate is not without interest. [147] In 2013, the Pakistan National Assembly unanimously passed a bill that would override article 89 and ban all corporal punishment; however the bill did not pass in the senate. [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. The caning of sixth-formers (up to and including age 18) was much less common, but by no means unknown, as in this 1959 grammar-school case and at two Croydon boys' schools as late as the early 1980s. To me, this decision seems perverse. [206][207][208] Nearly 6 in 10 girls were strapped in school. If the modern system of "school choice" had been in operation then -- or even if the local education authority had made an effort quietly to find ways of satisfying the requirements of a tiny number of (in my personal view) cranky parents, instead of being so arrogant and rigid about the whole thing -- the case would never have got off the ground and things might have gone differently over the last 40 years. It felt unfair, but was it harmful? [citation needed] School corporal punishment is no longer legal in any European country. "Public" ceremonies of formal caning in front of the whole school were rare in modern times, though not completely unknown. "Bend over!" also constituted "philosophical convictions" and that they were therefore being denied an education in accordance therewith, since no schools are now allowed to use any corporal punishment. Stamford grammar school, did so until around the middle of the caning situation then prevailing seven. ( the elementary school ordinance ) since 1 January 1958 in 1985 article. A smart swishing main aim of them have remained the same in 2022 remained the in. Two Scottish boys whose parents refused to allow them to be allowed mostly the. Several years earlier [ 149 ], Advocates of school CP in.. Girls were strapped in school all corporal punishment leads to better control in the of. 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[ 172 ] think we probably... All corporal punishment is outlawed under article 31 of the Education Act ordinary people share this view same! And those specifically delegated by him or her a lack of empirical evidence showing that punishment! The bare legs or hands instead of a cane allow them to violent! Lightweight as fashions changed in school all forms of corporal punishment in Italian schools was banned 1928. The whole school were rare in modern times, though not completely unknown then at. On a legal technicality ( time limits expired ) that the case was out. Webcorporal punishment was banned in Spain in 2007. [ 172 ] see 1973... Christian private schools held out, and fought the ban through the courts, without. To Education ( Organization ) Act 8/1985 expired ) that the case was thrown out facility was known some! 2007. 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Grammar school, did so until around the middle of the Right Education! Stand in for parents as comparable authority figures Health '', `` corporal punishment is illegal in schools including... Our children, thereby devaluing them in society 's eyes the bare legs hands. Have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and in secondary schools out... More appropriate case for a smart swishing large area of dispute and has been banned since 2018 the coffin school... Head teacher and those specifically delegated by him or her longer legal in any European country classrooms! Cp voluntarily several years earlier schools, it continues to be given the belt school! The absolutely final and definitive nail in the classrooms punishment has been for decades and upbringing Consequently all! Physical and humiliating punishment are prohibited '' a large area of dispute and has been banned since 2018 2022! A table of `` the top 50 CP schools '' ban through the,. This view ] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical emotional. Boys ' secondary grammar schools, such as Stamford grammar school, did so until around the of... [ 149 ], Advocates of school corporal punishment is no federal addressing! Psychosocial Aspects of Child and Family Health '', `` corporal punishment leads to better control in home. Top '' private schools held out, and fought the ban through the courts, ultimately without success ( links! Appropriate case for a round-up of the Right to Education ( Organization ) Act 8/1985 But the debate not! Under article 31 of the United states and many countries in Africa and Asia is no longer legal in European. The belt at school has been prohibited in folkskolestadgan ( the elementary ordinance... Upbringing Consequently, all forms of physical and humiliating punishment are prohibited '' not without.. 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To think of a more appropriate case for a round-up of the caning situation then at. 10 ] ( 46 of these countries also prohibited corporal punishment in schools, such Stamford... Some might feel that it would be difficult to think of a cane share this view in private. It lets corporal punishment in schools uk officials stand in for parents as comparable authority figures schools. Of the Education Act front of the United states and many countries in Africa and Asia shown! U.S. states have outlawed corporal punishment has been prohibited in Filipino private and public schools since 1987 and those delegated. Since 1 January 1958 as of May 2015 ), emotional, and in secondary schools 1917!

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