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. Mass punishments in front of the class are common, and the large number of corporal punishment scenes in films suggest that caning is an accepted cultural norm in education. Concern had been raised among doctors as long ago as 1934 about the possible medical dangers of caning schoolgirls, who (it was suggested) might well be suffering nervous strain and/or pain already as a consequence of menstruation. There is no federal law addressing corporal punishment in public or private schools. CP in girls-only schools was, by all accounts, very rare. [206][207][208] Nearly 6 in 10 girls were strapped in school. [148], School corporal punishment in Pakistan is not very common in modern educational institutions although it is still used in schools across the rural parts of the country as a means of enforcing student discipline. Lesser sins in a great many boys' schools were often dealt with by an informal slippering (see below). A feature article including a table of "The top 50 CP schools". [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. It was not completely abolished everywhere until 1983. More often, though, "getting the cane" was a punishment that (unlike detention) at least had the advantage, from the student's point of view, that with any luck one's parents might not get to hear about it. Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. removal from a class or group. 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. 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. Its use by ordinary teachers in grammar schools had been outlawed in 1928. 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). 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. [41], Corporal punishment of minors in the United States, According to the Global Initiative to End All Corporal Punishment of Children, all forms of corporal punishment in schools are outlawed in 128 countries as of 2016. In 18 U.S. states, corporal punishment is lawful in both public and private schools. In any case it has now been superseded by the following: Hansard: New clause 21: Corporal punishment (New URL) With the troubles with some pupils at some schools that you hear about on the News, the 9146/80 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. 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. 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". It had been very regularly used on both boys and girls in certain schools for centuries prior to the ban. 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. 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". This campaign gave rise to a joke on the left of the NUT that NASUWT stood for "National Association of Sadists and Union of Women Torturers". In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools, 1945-1986 [117], Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. (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.). 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. In early 2007, a southern Auckland Christian school was found to be using this loophole to discipline students by corporal punishment, by making the student's parents administer the punishment. [8], Advocates of school corporal punishment[who?] 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. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. 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 UK government argued, unsuccessfully, that opinions about corporal punishment did not amount to "philosophical convictions". School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. The Education (Corporal Punishment) Regulation G.N. [23][89], Colombian private and public schools were banned from using "penalties involving physical or psychological abuse" through the Children and Adolescents Code 2006, though it is not clear whether this also applies to indigenous communities. [75], Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. 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. 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. Feature article about a heavy-caning school near London. WebEuropean Court of Human Rights. Slippering and caning were used to some degree, but the cane here was more likely to be applied, if at all, to the palm of the hand than elsewhere, and would tend to be a shorter and lighter instrument than the 36-inch cane often used at secondary level. 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. 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. 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. [182][183] Anecdotal evidence suggests that the caning of girls is not particularly unusual, and that they are just as likely to be caned as boys. educational institution in conformity with human dignity and, in that regard, he has the right not to be subjected to corporal or degrading disciplinary measures. 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. A REPORT AFTER THE INNER LONDON EDUCATION AUTHORITY'S BAN OF CORPORAL PUNISHMENT IN ITS SECONDARY SCHOOLS. [121][122], Caning, usually applied to the palm or clothed bottom, is a common form of discipline in Malaysian schools. A variation on this is described in our article on Sharmans Cross High School in Solihull. In most of continental Europe, school corporal punishment has been banned for several decades or longer, depending on the country (see the list of countries below). [152][153], Corporal punishment was banned in Soviet (and hence, Russian) schools immediately after the Russian Revolution. He was often caned at Stouts Hill prep school around 1970, but harbours no grudges. 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. [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". 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. There is no single, simple answer. 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). [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. 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. 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. [11] And according to the Society for Adolescent Medicine, "The use of corporal punishment in schools promotes a very precarious message: that violence is an acceptable phenomenon in our society. [126], The Education Act of 2008 prohibits all corporal punishment in schools. "[154], Corporal punishment was first explicitly prohibited in schools in article 67 of the Law on Public Schools 1929, passed in the Kingdom of Yugoslavia, of which Serbia was then a part. [107], In India, corporal punishment is banned in schools, daycare and alternative child care institutions. The use of corporal punishment in schools was prohibited by the South African Schools Act, 1996. By the late 1960s the traditional "six of the best" had given way in most places to milder penalties of only two or three strokes as the norm, though to some extent this must have been compensated for by the fact that, with the advent of synthetic textiles, trouser material became significantly thinner in the 1960s. According to the American Academy of Pediatrics (AAP), there are three broad rationales for the use of corporal punishment in schools: beliefs, based in traditional religion, that adults have a right, if not a duty, to physically punish misbehaving children; a disciplinary philosophy that corporal punishment builds character, being necessary for the development of a child's conscience and their respect for adult authority figures; and beliefs concerning the needs and rights of teachers, specifically that corporal punishment is essential for maintaining order and control in the classroom. Copyright C. Farrell 2008-2021 [150], In 1783, Poland became the first country in the world to prohibit corporal punishment. However, the majority of punishments and main aim of them have remained the same in 2022. 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. Among the majority of mainstream state secondary schools, caning (usually across the seat of a bending student's trousers) had been particularly prevalent in boys-only schools of all types, from mediaeval grammar schools(5) to brand-new secondaries modern. WebSchools can punish pupils if they behave badly. Today, the ban of corporal punishment in all forms, whether in schools or in the home, is vested in the Constitution of Poland. [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. But anti-CP campaigners used to complain that aggrieved parents rarely got a fair hearing in the courts. While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mostly in the Southern states. Much more often, though, in the rare instances where corporal punishment cases reached the stage of prosecution, heads and teachers were vindicated by the courts, which generally upheld the punishment as "reasonable" and therefore lawful. And in this Aug 1959 case, a six-whack slippering for a 12-year-old was deemed reasonable by magistrates. (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. 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. [92], Corporal punishment was prohibited in the public schools in Copenhagen Municipality in 1951 and by law in all schools of Denmark on 14 June 1967. R v Secretary of State for Education and Employment and Others ex parte Williamson and Others [195], In 19th-century France, caning was dubbed "The English Vice", probably because of its widespread use in British schools. 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. Its use was particularly prevalent in the gym in the hands of physical education or "PE" teachers. 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. 575 (2003). Other kinds of punishment were more damaging, he suggests. It sanctions the notion that it is meritorious to be violent toward our children, thereby devaluing them in society's eyes. (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.). It felt unfair, but was it harmful? [10] (46 of these countries also prohibited corporal punishment of children in the home as of May 2015). 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. 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. [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. The law applied to all schools, both public and private. Corporal Punishment Archive (At my own similarly ancient grammar school, this practice was said to have been stopped in the 1940s.) [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. 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. 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. But this was unusual, and the great majority of slipperings in British schools are believed to have gone unrecorded. The method has been criticised by some children's rights activists who claim that many cases of corporal punishment in schools have resulted in physical and mental abuse of schoolchildren. School: 1999 In this long-running series, the use of corporal punishment in South Korean schools is shown. Despite the fact that the tradition had been forgone for nearly 30 years, legislation banning the practice entirely by law was not implemented until 2004. Effects of Corporal Punishment [86] The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. "Bend over!" According to section 10 of the act: (1) No person may administer corporal punishment at a school to a learner. 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. 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. 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 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. [110][111], In the law of the Republic of Ireland, corporal punishment was prohibited in 1982 by an administrative decision of John Boland, the Minister for Education, which applied to national schools (most primary schools) and to secondary schools receiving public funding (practically all of them). See news reports of 30 Oct 1996, Scottish cases helped to ban the beatings; and also 26 Feb 1982, Parents win right to forbid school caning, in The Archive, and the related video clip on the same page. WebIn the UK, corporal punishment in state-funded schools has been outlawed since 1986. Guidance from the government about the legal position in England concerning corporal punishment (not permitted) and other physical contact or reasonable force (still allowed). A federal law was implemented in 1998 which banned school corporal punishment. The Rules authorising this should be repealed. The medical evidence was that the marks on his bottom were already fading by the following day. The number of strikes must not be more than four for each occurrence. This optional facility was known in some schools as "getting your detentions caned off". [209] In a few English cities, a strap was used instead of the cane. As enacted, the law had a loophole: parents, provided they were not school staff, could still discipline their children on school grounds. 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. Royal College of Paediatrics and Child Health, National Association of Secondary School Principals, History of youth rights in the United States, Quebec Charter of Human Rights and Freedoms, United Nations Convention on the Rights of the Child, Community Alliance for the Ethical Treatment of Youth, International Falcon Movement Socialist Educational International, National Union of Students LGBT+ Campaign, French petition against age of consent laws, Legal status of tattooing in European countries, Legal status of tattooing in the United States, Parliamentary Assembly of the Council of Europe, Inter-American Commission on Human Rights, African Committee of Experts on the Rights and Welfare of the Child, School corporal punishment in the United States, Canadian Foundation for Children, Youth and the Law v. Canada, Crimes (Substituted Section 59) Amendment Act 2007, Christian Education South Africa v Minister of Education, R (Williamson) v Secretary of State for Education and Employment, School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention, Student/Parent Information Guide and Code of Conduct 2008-2009, "United Kingdom: Corporal punishment in schools", "Corporal punishment in schools: position paper of the Society for Adolescent Medicine", "Corporal punishment in U.S. public schools: Prevalence, disparities in use, and status in state and federal policy", "School corporal punishment in global perspective: prevalence, outcomes, and efforts at intervention", "Spanking Lives On In Rural Florida Schools", Education (Corporal Punishment) (Northern Ireland) Order 1987, "School Standards and Framework Act 1998", "North Korean Defectors Face Huge Challenges", "Chinese schools try to unlearn brutality", "More Harm Than Good: A Summary of Scientific Research on the Intended and Unintended Effects of Corporal Punishment on Children", "H-515.995 Corporal Punishment in Schools", "Guidance for effective discipline. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States and many countries in Africa and Asia. 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 move failed, but the debate is not without interest. For an overview of the events leading up to abolition, and its aftermath, see a 2007 newspaper article, "Sparing the rod". 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. [192], In state-run schools, and in private schools where at least part of the funding came from government, corporal punishment was outlawed by the British Parliament on 22 July 1986, following a 1982 ruling by the European Court of Human Rights that such punishment could no longer be administered without parental consent, and that a child's "right to education" could not be infringed by suspending children who, with parental approval, refused to submit to corporal punishment. This right includes a non-violent education and upbringing Consequently, all forms of physical and humiliating punishment are prohibited". [224], Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. 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. 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