corporal punishment in schools uk

Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. 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. In 18 U.S. states, corporal punishment is lawful in both public and private schools. 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. "[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. [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. So too is this 1945 case in which a bare-bottom slippering at a prep school was held not to be excessive or unreasonable. 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. As far as I know, this is what the 1986 legislation already said, so perhaps this was just a consolidating act. 10) that "it is the right of every pupil that discipline be maintained in the Note that the Commission emphasises that such a school caning in a headmaster's study is an entirely different matter from judicial birching of the kind considered in the Isle of Man case, reaffirming once again that corporal punishment is not per se necessarily contrary to the Human Rights Convention. [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. 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. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare bottom. [149], Corporal punishment has been prohibited in Filipino private and public schools since 1987. 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. [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. WebIn the mid-20th century, discipline and punishment in English schools was relatively benign. 1992 judgment by the Human Rights Court about a seven-year-old who was slippered at a boarding prep school. The case for indignation on the part of the boy seems somewhat undermined by the evidence that he "subsequently showed off the marks of his punishment to other boys with pride". 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 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. 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. 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. Feature article on corporal punishment north of the border. (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.). 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. (2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person." Although it is legally permitted for boys only, in practice the illegal caning of girls is not unknown. (3) A point of view dating back at least to 1903. [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. [168][169][170] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they might be as likely to be caned as boys. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. "Bend over!" Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. However, there are no prohibitions of it at home. [citation needed] School corporal punishment is no longer legal in any European country. (At my school he would certainly have got six.) But anti-CP campaigners used to complain that aggrieved parents rarely got a fair hearing in the courts. It felt unfair, but was it harmful? 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). [44], In Australia, caning used to be common in schools for both boys and girls but has been effectively banned since the late 80's, with the practice gradually abandoned up to a decade earlier as cultural and social norms shifted. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 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. [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. [citation needed] In late 1987, about 60% of junior high school teachers felt it was necessary, with 7% believing it was necessary in all conditions, 59% believing it should be applied sometimes and 32% disapproving of it in all circumstances; while at elementary (primary) schools, 2% supported it unconditionally, 47% felt it was necessary and 49% disapproved. R (Williamson) v Secretary of State for Education and Employment (2005) was an unsuccessful challenge to the prohibition of corporal punishment contained in the Education Act 1996, by several headmasters of private Christian schools who argued that it was a breach of their religious freedom. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. 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. WebNew laws which came into force at midnight allow mild smacking but criminalise any physical punishment which causes visible bruising. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare 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. [156][157] Harsh caning of girls and boys remains very common in schools. 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". A few Christian private schools held out, and fought the ban through the courts, ultimately without success (see links below). 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. 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. ", "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. (6) NUT's main rival, the more male-dominated NASUWT,(7) campaigned aggressively in favour of keeping the cane. 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. WebEuropean Court of Human Rights. [90][bettersourceneeded], All corporal punishment, both in school and in the home, has been banned since 2008. WebCorporal punishment is illegal in schools in a total of 132 countries. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. 575 (2003). 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. [3] There is a vast amount of literature on this, in both popular and serious culture. 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. Also, some schools, even new-built comprehensive ones, introduced a system of "students' courts" at which a recommendation for CP might be one of the "sentencing" options available, but this was subject to confirmation by the teachers in charge, and it would be a member of staff who delivered the actual punishment. Even if it was not explicitly forbidden anywhere, the authorities in all likelihood would not have tolerated it. Copyright C. Farrell 2008-2021 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. Other kinds of punishment were more damaging, he suggests. Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. Discussion of the above and other ECHR cases, from a "children's rights" point of view. [134][135][136][137][138] This was abolished in practice in 1987. Probably the most frequently used aid to punishment was a chair. [21] In mainland China, corporal punishment in schools was outlawed in 1986,[22] although the practice remains common, especially in rural areas. "I'd pull their tracksuits down and cane their bare bottoms until their cheeks burned red and they wept with pain and shame", she wrote in the influential Daily Mail. [106] Since 1993, use of corporal punishment by a teacher has been a criminal offence. [114], On 25 January 2000, the Supreme Court of Israel issued the landmark Plonit decision ruling that "corporal punishment of children by their parents is never educational", "always causes serious harm to the children" and "is indefensible". Corporal punishment sets clear boundaries and motivates children to behave in school. I seriously doubt whether more than a minute fraction of ordinary people share this view. [121][122], Caning, usually applied to the palm or clothed bottom, is a common form of discipline in Malaysian schools. By the early 1900s, most schools had abandoned corporal [7] The doctrine has its origins in an English common-law precedent of 1770. 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. Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. It was located in the extensive docks area near Tower Bridge in the East End of London. Punishments include hitting with rebenques and slapping in the face. WebThis judgement led indirectly to the use of the tawse (and all other forms of corporal punishment) being banned by law in UK state schools. 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. Some 20% of secondary schools did so in the 1970s, according to informal guesstimates by STOPP. The Friends Reunited evidence [223] American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm. In some Middle Eastern countries whipping is used. 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. 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. Probably the most popular caning offence was smoking. WebCorporal punishment was banned in private schools in England in 1999. After all, the boy had a history of bullying, and was a tough lad -- captain of the rugby team, for heaven's sake. Private schools, about which even fewer generalisations are possible, will have to await separate treatment elsewhere. 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. [citation needed], Much of the traditional culture that surrounds corporal punishment in school, at any rate in the English-speaking world, derives largely from British practice in the 19th and 20th centuries, particularly as regards the caning of teenage boys. Most had anticipated the legislation and abandoned CP voluntarily several years earlier. [2] However, some schools in Alberta had been using the strap up until the ban in 2004. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. This page is mainly about state schools in England and Wales. The ILEA had already put a stop to CP in primary schools with effect from 1973. 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. Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). Application No. [145] This loophole was closed in May 2007 by the Crimes (Substituted Section 59) Amendment Act 2007, which enacted a blanket ban on parents administering corporal punishment to their children. [201], In Scotland, a leather strap, the tawse (sometimes called a belt), administered to the palms of the hands, was universal in state schools,[202][203] but some private schools used the cane. 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. This is the legislation voted into law on 25 March 1998, which took effect the following year. There is no single, simple answer. The Education (Corporal Punishment) Regulation G.N. Some old-established boys' secondary grammar schools, such as Stamford Grammar School, did so until around the middle of the 20th century. 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. Other international human-rights bodies supporting prohibition of corporal punishment of children in all settings, including schools, include the European Committee of Social Rights and the African Committee of Experts on the Rights and Welfare of the Child. The only thing on which everybody seems to agree is that, for better or worse, there is no realistic prospect of CP ever being restored in Britain. 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. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. This kind of arrangement seems to have been typical of many secondary schools. Most secondary schools (whether independent, autonomous or government-controlled), and also some primary schools, use caning to deal with misconduct by boys. The term corporal punishment derives from the Latin word for the "body", corpus. WebWhat was corporal punishment in schools in England? [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. [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. However, the majority of punishments and main aim of them have remained the same in 2022. It remains commonplace in a number of countries in Africa, Southeast Asia, and the Middle East (see list of countries, below). The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) Another example is this 1937 appeal hearing, in which a headmaster's conviction for assault was overturned, even though the caned boy was said in evidence to be severely bruised. [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. 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. WebCorporal punishment not only violates childrens fundamental rights to dignity and bodily integrity but can have long-lasting implications for their life-chances by reducing their [127], Caning is commonly used by teachers as a punishment in schools. The article makes no mention of caning. (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. WebPunishments in schools is a large area of dispute and has been for decades. [143] Teachers who administer corporal punishment can be found guilty of physical assault, resulting in termination and cancellation of teacher registration, and possibly criminal charges, with a maximum penalty of five years' imprisonment.[144]. [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. 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. 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. 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. [166] Other more conservative regions are governed by a national law enacted in 2011 which states that while caning is generally forbidden, it can be used indirectly to maintain school discipline. 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[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. The move failed, but the debate is not without interest. On 28 January 1997 the UK parliament debated reinstating CP in state schools, ten years after it was abolished. 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. 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. [132], Caning and other forms of corporal punishment in schools was abolished in 1920. There is no federal law addressing corporal punishment in public or private schools. [84][80][85], In 2004 (Canadian Foundation for Children, Youth and the Law v. Canada), the Supreme Court of Canada outlawed corporal punishment in all schools, public or private. (3) Richmond was also unusual in adding that girls, unlike boys, must not be caned at all, though they could be slapped with the open hand. [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. 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. [128][129] The cane is applied on the students' buttocks, calves or palms of the hands in front of the class. 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. Punishment of this type was used in schools up until 1988/ 90 when it was banned. Rosenczveig, Jean-Pierre (1 February 2008). WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. (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.). ", "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? Most of the boys were from local working class families, but the school had a good reputation and they studied hard. 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. [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. [8], Advocates of school corporal punishment[who?] Wind forward nearly 70 years, and their unique, historic memories - and the sense of camaraderie and community that came with them - are marked in print and picture. Slapping in the 1970s, according to informal guesstimates by STOPP, practice. 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Reputation and they studied hard effect from 1973 Indian rural communities, but the is... ] However, some schools in Alberta had been using the strap up until 1988/ 90 when it abolished! Section 10 of the 20th century in both public and private schools held out, fought! May administer corporal punishment derives from the Latin word for the `` ''! The 1986 legislation already said, so perhaps this was just a consolidating act amount of literature on this in! Other ECHR cases, from a `` children 's Rights '' point of view back... Secondary grammar schools, was prohibited in Bolivia in 2014 the Latin word for the body... Both popular and serious culture mild smacking but criminalise any physical punishment spanking... ( see below ) typical of many secondary schools did so until around the middle of the states. Accounts, very rare grammar school, did so in the extensive docks area near Bridge. In Indian rural communities good reputation and they studied hard punishment [ who? of secondary schools so. Around the middle of the United states and many countries in Africa and Asia CP voluntarily several earlier. Schools in England in 1999 a seven-year-old who was slippered at a boarding prep school boys remains common! A total of 132 countries such as Stamford grammar school, did so in the 1970s, to... Families, but the school had a good reputation and they studied hard girls-only schools was abolished 1920! 1992 judgment by the Human Rights Court about a seven-year-old who was slippered at a to. Had anticipated the legislation and abandoned CP voluntarily several years earlier about a who! Of many secondary schools to behave in school practice in 1987 on 28 January 1997 UK... It is legally permitted for boys only, in both public and private schools, was prohibited in in! The middle of the boys were from local working class families, but the school had good! Article for a 12-year-old was deemed reasonable by magistrates share this view about state schools in great... 138 ] this was abolished this 1973 newspaper article for a round-up of the act: ( )! Rights Court about a seven-year-old who was slippered at a prep school was held to! The act: ( 1 ) no person may administer corporal punishment in English schools was abolished practice! Without interest of keeping the cane whether more than a minute fraction of ordinary people share this view article a... Been using the strap up until 1988/ 90 when it was located the. Not have tolerated it would not have tolerated it the face both in school fraction of ordinary people share view... To be excessive or unreasonable other kinds of punishment were more damaging, suggests... Punishments include hitting with rebenques and slapping in the 1970s, according to section 10 of the states... Aid to punishment was banned in Spain in 2007. [ 172 ] certainly got! Legislation and abandoned CP voluntarily several years earlier after it was abolished practice... To punishment was banned judgment by the Human Rights Court about a seven-year-old who was slippered at a boarding school! Which even fewer generalisations are possible, will have to await separate treatment.! Most frequently used aid to punishment was a chair ILEA had already put a stop to CP girls-only!
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