In this 1894 court case, a clearly out-of-control teacher was successfully prosecuted and fined for assault. WebThe movie is set in a girl's high school, where the teachers liberally dish out corporal punishment, like beatings, on the students. (At my own similarly ancient grammar school, this practice was said to have been stopped in the 1940s.) [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. 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. It cannot be emphasised too strongly that these are all broad generalisations, to which exceptions could always be found. However, these powers were subject to any regulations made by the local education authority. Of course, we must always remember that the CP cases that got into the courts and/or into the newspapers were, more or less by definition, highly untypical. 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. Most secondary schools (whether independent, autonomous or government-controlled), and also some primary schools, use caning to deal with misconduct by boys. A left-wing back-bench move in Parliament to ban CP at national level failed by 181 votes to 120 in 1976. What did CP in British schools involve? [9], Poland was the first nation to outlaw corporal punishment in schools in 1783. [20] In the 1960s, Soviet visitors to western schools expressed shock at the canings there. The Debate on Corporal Punishment before the European Commission and European Court of Human Rights (1978-1998) Only two LEAs laid down a maximum number of strokes (East Sussex, 3 strokes; Durham, 6 strokes). The dissenting judges argued that the ritualised nature of the punishment, given after several days and without parental consent, should qualify it as "degrading punishment".[218]. Some LEAs confined themselves to prohibiting teachers from striking pupils' heads or boxing their ears. It is not clear how long this eccentric policy lasted: MGS seems to have reverted to caning by the postwar era and was certainly caning boys in the 1970s. [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. [200] Striking the buttocks (or sometimes hands) with a rubber-soled gym shoe, or plimsoll shoe (called slippering), was also widely used in many schools. In my own personal view as a non-lawyer, I find some of the argumentation quite difficult to follow. [206][207][208] Nearly 6 in 10 girls were strapped in school. Punishments include hitting with rebenques and slapping in the face. With the troubles with some pupils at some schools that you hear about on the News, the [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. 10) that "it is the right of every pupil that discipline be maintained in the 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. [99] The systematic use of corporal punishment has been absent from French schools since the 19th century. I seriously doubt whether more than a minute fraction of ordinary people share this view. Spare the Rod 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. Others, though, including probably most politicians and "experts", will still defend abolition as the right decision on balance, or at least as inevitable under European human-rights legislation. L. Rev. No LEA banned corporal punishment altogether until 1979/80, when three Labour-controlled outer London boroughs took the abolitionist plunge, followed more famously in 1981 by the huge, Labour-controlled Inner London Education Authority (ILEA), which covered 12 London boroughs, a population of nearly 3 million, and getting on for 1,000 schools. School Education Regulations, s40, cf Criminal Code Act, s257. WebBeyond this, even in countries where corporal punishment is not part of the justice system, such as China, it is still largely used within family homes and many schools. [173] All forms of corporal punishment of children have been outlawed in Sweden since 1966. The schools claimed that their "freedom of belief", as protected by human rights legislation, was infringed because it was their Christian belief that naughty children should be spanked. All that was the situation as at 1979. [117], Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. Various emails have told me that boys were occasionally caned, but punishment They assumed a right of chastisement was a defense of justification against the accusation of "causing bodily harm" per Paragraph (=Section) 223 Strafgesetzbuch (Federal Penal Code). 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. [93][94][95], A 1998 study found that random physical punishment (not proper formal corporal punishment) was being used extensively by teachers in Egypt to punish behavior they regarded as unacceptable. Clearly, all the school authorities actually did wrong was to fail to spell out, in their information to prospective parents, that corporal punishment was a possible consequence of misbehaviour -- though I think they might have been forgiven for assuming that anybody who knew anything about anything would have been perfectly well aware that that was an entirely normal practice at boys' independent prep schools at the time. However, in the end it was on a legal technicality (time limits expired) that the case was thrown out. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. Corporal Punishment Archive As far as I know, this is what the 1986 legislation already said, so perhaps this was just a consolidating act. In any case it has now been superseded by the following: Hansard: New clause 21: Corporal punishment (New URL) "[116] Soon after, a new Pupils' Rights Law, 5760-2000 established (art. [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. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. 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. In 2008 a new round of controversy over the issue was set off when a survey found that one teacher in five, and almost a quarter of all secondary-school teachers, would still like to see corporal punishment reinstated. 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. (At my school he would certainly have got six.) I have heard of at least one Birmingham secondary modern school in the 1960s where this caning allegedly took place "there and then", in front of the members of the "court", but I suspect this, if true, was quite unusual. [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. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. 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. Other crimes often punished corporally included bullying, cheating, insolence, missing detention, and truancy. It was not completely abolished everywhere until 1983. Legality of corporal punishment of minors in Europe. "Public" ceremonies of formal caning in front of the whole school were rare in modern times, though not completely unknown. A variation on this is described in our article on Sharmans Cross High School in Solihull. 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. There is no single, simple answer. The Friends Reunited evidence [49] According to the Global Initiative to End All Corporal Punishment of Children, "Prohibition is still to be achieved in the home in all states/territories and in alternative care settings, day care, schools and penal institutions in some states/territories". 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. 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