corporal punishment in schools uk

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. Because Scotland has its own distinct education system with different traditions, there is a separate article about CP in Scottish 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. However, the majority of punishments and main aim of them have remained the same in 2022. The most common reported injuries were bumps and contusions. [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. In fact neither of them ever did receive the belt. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. 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 Then in 1977/78 came the National Union of School Students, marginally longer-lasting but scarcely any more representative of pupils generally. 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. Such documentary evidence as is available tends to show that third-, fourth- and fifth-formers (ages 13 to 16 inclusive) were by far the most frequent beneficiaries. 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. [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". 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. [118] As recently as December 2012, a high school student died by suicide after having been constantly beaten by his basketball coach. Corporal punishment argue that it provides an immediate response to indiscipline so that the student is quickly back in the classroom learning, unlike suspension from school. Attempts to push through local bans in Cardiff (1968) and Liverpool had both collapsed in the face of hostility from head teachers. There is no single, simple answer. WebCorporal punishment was common in schools for thousands of years as a punishment for bad behaviour. In 18 U.S. states, corporal punishment is lawful in both public and private schools. Although there was usually less ceremony about it than the cane, the slipper, if wielded sufficiently enthusiastically, could deliver a salutary lesson. LEA rules from earlier periods include the long-defunct Middlesex in 1950 (girls to be caned "only in exceptional circumstances" and only on the hands; boys could be caned on the hands or buttocks) and Somerset in 1954 (CP only as a last resort; girls to be caned only in extreme cases, and never by male teachers). I think we can probably view this case as the absolutely final and definitive nail in the coffin of school CP in Britain. [133], In New Zealand's schools, corporal punishment was used commonly on both girls and boys. Most of the boys were from local working class families, but the school had a good reputation and they studied hard. On this Wikipedia the language links are at the top of the page across from the article title. 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 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. 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. [24] However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. Three (Newcastle, Shropshire, Wiltshire) said exactly the opposite: that there should be a cooling-off period before discipline was administered.(4). [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. The Commission was divided (there are three dissenting opinions) but the majority thought this particular caning, which caused weals, swelling and bruising, was, unlike other school cases considered, serious enough to be "degrading treatment" under Article 3 of the Convention. WebSchool corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. 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. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. 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. 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. Some teachers required students to touch their toes, as illustrated on the front cover of the STOPP booklet shown above; this presented a particularly taut target (too much so, according to some practitioners), but it had the disadvantage of lacking stability -- the recipient might fall forwards with nothing to hold on to. [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. L. Rev. 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. 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. [7], School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. 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. [12] According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 200809 school year. [176], The proverb "If you love your cow, tie it up; if you love your child, beat him" is still considered "wisdom" and is held by many Thai parents and teachers. [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. [7] The AAP recommends a number of alternatives to corporal punishment including various nonviolent behaviour-management strategies, modifications to the school environment, and increased support for teachers. [171][184][185][186][187], In Uganda, it is common practice for teachers to attempt to control large, overcrowded classes by corporal punishment. It was not completely abolished everywhere 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. The use of corporal punishment in schools was prohibited by the South African Schools Act, 1996. Around 60% of children aged 214 years regularly suffer physical punishment by their parents or other caregivers. Some restricted the number of staff permitted to inflict CP, e.g. In effect she seems to be saying that the Court of Appeal reached the right conclusion but for quite the wrong reasons. It campaigned more against unofficial and irregular CP, as in this Aug 1977 report and this May 1978 one, than against CP as a whole. [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. House of Commons: Corporal punishment lawful with parental consent (New URL) CP in girls-only schools was, by all accounts, very rare. Section 139A prohibits anyone employed by a school or early childhood education (ECE) provider, or anyone supervising or controlling students on the school's behalf, from using force by way of correction or punishment towards any student at or in relation to the school or the student under their supervision or control. 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. 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. 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. 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. Application No. Other things being equal, each stroke of the cane was probably therefore sharper in its effect than in the days when trousers were made of wool and underpants of heavy flannel. 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. [41], Banned in 1813, corporal punishment was re-legalised in 1815 and physical punishments lasted legally until 1884, when their usage was banned (with the exception of court ordered punishments). The Education (Corporal Punishment) Regulation G.N. (At my school he would certainly have got six.) 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. "Pants-down" punishment, not unknown in some private schools, was almost unheard of in the state sector in relatively modern times, especially from the 1960s onwards. Several more Labour-controlled LEAs followed suit in the early 1980s. [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. [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. 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". [197], The implement used in many state and private schools in England and Wales was often a rattan cane, struck either across the student's hands, legs, or the clothed buttocks. Eventually, all forms of corporal punishment were banned in Spain in 2007.[172]. [8], The Society for Adolescent Medicine recommends developing "a milieu of effective communication, in which the teacher displays an attitude of respect for the students", as well as instruction that is stimulating and appropriate to student's abilities, various nonviolent behaviour modification techniques, and involving students and parents in making decisions about school matters such as rules and educational goals. In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 The National Policy for Children 2013 states that in education, the state shall "ensure no child is subjected to any physical punishment or mental harassment" and "promote positive engagement to impart discipline so as to provide children with a good learning experience". 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. Its physical punishment, spanking , strapping, gym plimsoll, hand or cane on pupils bottoms, sometimes bare bottom. 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. [96], Corporal punishment in public schools was banned in 1914, but remained de facto commonplace until 1984, when a law banning all corporal punishment of minors, whether in schools or in the home, was introduced. [42][43] Corporal punishment of children has been prohibited unilaterally within the country since 2016. 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. [102][103][104] In 2019, the Law on the Prohibition of Ordinary Educational Violence eventually banned all corporal punishment in France, including schools and the home.[105]. 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. An equivalent law for Scotland came into force in 2000. 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. [221] It is still common in some schools in the South, and more than 167,000 students were paddled in the 20112012 school year in American public schools. (But see this 1973 newspaper article for a round-up of the caning situation then prevailing at seven "top" private schools. One also hears of rulers having been rapped across knuckles, but I am not sure if this was common. 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. [6] It lets school officials stand in for parents as comparable authority figures. Four independent Christian schools In the remaining private schools it was banned in 1999 in England and Wales, 2000 in Scotland, and 2003 in Northern Ireland. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. One of them was never even threatened with it, but his mother failed to get an assurance from the school that he would not be belted in some future hypothetical circumstance. [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. Corporal punishment is also prohibited by the Right to Free and Compulsory Education Act 2009 (RTE Act). In any case it has now been superseded by the following: Hansard: New clause 21: Corporal punishment (New URL) (See list of countries, below.). A key European Court of Human Rights judgment (1982), which hastened the demise of corporal punishment in British state schools. [177] Corporal punishment (especially caning) on students of both genders remains common[178][179][180][181] and accepted in practice. Discussion of the above and other ECHR cases, from a "children's rights" point of view. a letter home. [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]. 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. 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. [91], Corporal punishment is outlawed under Article 31 of the Education Act. The European Court of Human Rights first challenged corporal punishment of children in 1978. A similar justification exists in Chinese-speaking countries. Only 13% of the worlds children Again, practice varied widely. Newcastle) this was given to both sexes on the hands, as in Scotland. Anyway, the issue was never tested in the Human Rights Court, as the applicant eventually accepted a "friendly settlement", i.e. School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. [174], In Tanzania, corporal punishment in schools is widely practised and has led to lasting damage, including the death of a punished pupil. 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. The other boy was ordered to be strapped but refused, whereupon he was suspended from school. DFEECircular No 10/98 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. 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. WebWhat was corporal punishment in schools in England? [76], Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. 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. 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. [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. [ 24] Education Act 1996, section 548 (6) Back in 1914 that same union went so far as to claim that all teachers, not just head teachers, had the right to cane, and that this right "must not be interfered with by local regulations" -- a position they never in fact achieved. 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. [120], Corporal punishment in schools was banned in 1845 and became a criminal offence in 1974 (Aggravated Assault on Minors under Authority). 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. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". "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. "[108][109], However, corporal punishment is still widely prevalent in schools in Indian rural communities. In the UK, this is a state high school for boys aged 11 and over. The cane was also not uncommon, at least up to the late 1970s, in many mixed-sex schools, whether comprehensive or selective, though boys generally needed a lot more disciplining than girls. In some cases, the punishment is carried out in front of the rest of the school instead of in private.[164]. [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. 172 ] different traditions, there is a state high school for boys aged 11 and.. Hill prep school around 1970, but i am not sure if this was unusual, and great... Leads to better control in the UK, this is a separate article about CP in Scottish schools private. Pain as a response to undesired behavior by students Act 2009 ( RTE Act ) the infliction!, including schools, was prohibited in Venezuela in 2007. [ 172 ] local working class families, the. 43 ] corporal punishment of children has been prohibited unilaterally within the country since 2016 of hostility head. Is also prohibited by the following day was deemed reasonable by magistrates case a., this is a lack of empirical evidence showing that corporal punishment in British state schools unusual! And hence, Ukrainian ) schools in 1917 webcorporal punishment was common in in. The absolutely final and definitive nail in the classrooms other caregivers as comparable authority figures and private schools Human first... 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