School corporal punishment
School corporal punishment refers to inflicting deliberate physical and emotional pain or discomfort in response to undesired behavior by students in schools. It often involves striking the student either across the buttocks or palms of their hands with a tool such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the primary school and junior secondary school levels .
In the English-speaking world, the use by schools of corporal punishment 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 punish children in their care if they do not adhere to the set rules.
Advocates of school corporal punishment argue that it provides an immediate response to indiscipline and that the student is quickly back in the classroom learning, unlike suspension from school. Opponents, including a number of medical and psychological societies, along with human-rights groups, argue that physical punishment is ineffective in the long term, interferes with learning, leads to antisocial behavior as well as various forms of mental distress, disproportionately affects students of color, and is a form of violence that breaches the rights of children.
Poland was the first nation to outlaw corporal punishment in schools in 1783. School corporal punishment is no longer legal in any European country. As of 2016, an estimated 128 countries have prohibited corporal punishment in schools, including all of Europe, and most of South America and East Asia. Approximately 69 countries still allow for corporal punishment in schools, including parts of the United States, some Australian states, and a number of countries in Africa and Asia.
Corporal punishment in the context of schools in the late 20th and early 21st centuries has been variously defined as: causing deliberate pain to a child in response to the child's undesired behavior and/or language, "purposeful infliction of bodily pain or discomfort by an official in the educational system upon a student as a penalty for unacceptable behavior", and "intentional application of physical pain as a means of changing behavior" (not the occasional use of physical restraint to protect student or others from immediate harm).
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. It remains commonplace in a number of countries in Africa, Southeast Asia, and the Middle East (see list of countries, below).
While most U.S. states have outlawed corporal punishment in state schools, it continues to be allowed mainly in the Southern and Western United States. According to the United States Department of Education, more than 216,000 students were subjected to corporal punishment during the 2008–09 school year.
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. There is a vast amount of literature on this, in both popular and serious culture. Britain itself outlawed the practice in 1987 for state schools and more recently for all schools.
Many schools in Singapore and Malaysia use caning (for boys) as a routine official punishment for misconduct, as also some African countries. In some Middle Eastern countries whipping is used. (See list of countries, below.)
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).
From the 1917 Russian revolution onwards, corporal punishment was outlawed in the Soviet Union, because it was deemed contrary to communist ideology. Communists in other countries such as Britain took the lead in campaigning against school corporal punishment, which they viewed as a symptom of the decadence of capitalist education systems. In the 1960s, Soviet visitors to western schools expressed shock at the caning of boys there. Other communist regimes followed suit: for instance, corporal punishment was "unknown" by students in North Korea in 2007. In mainland China, corporal punishment in schools was outlawed in 1986, although the practice remains common, especially in rural areas.
According to the American Academy of Pediatrics, 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.
Effects on studentsEdit
School teachers and policymakers often rely on personal anecdotes to argue that school corporal punishment improves students' behavior and achievements. However, there is a lack of empirical evidence showing that corporal punishment leads to better control in the classrooms. In particular, evidence does not suggest that it enhances moral character development, increases students' respect for teachers or other authority figures, or offers greater security for teachers.
A number of medical, pediatric or psychological societies have issued statements opposing all forms of corporal punishment in schools, citing such outcomes as poorer academic achievements, increases in antisocial behaviours, injuries to students, and an unwelcoming learning environment. They include the American Medical Association, the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatrics (AAP), the Society for Adolescent Medicine, the American Psychological Association, the Royal College of Paediatrics and Child Health, the Royal College of Psychiatrists, the Canadian Paediatric Society and the Australian Psychological Society, as well as the United States' National Association of Secondary School Principals.
According to the AAP, research shows that corporal punishment is less effective than other methods of behaviour management in schools, and "praise, discussions regarding values, and positive role models do more to develop character, respect, and values than does corporal punishment". They say that evidence links corporal punishment of students to a number of adverse outcomes, including: "increased aggressive and destructive behaviour, increased disruptive classroom behaviour, vandalism, poor school achievement, poor attention span, increased drop-out rate, school avoidance and school phobia, low self-esteem, anxiety, somatic complaints, depression, suicide and retaliation against teachers". 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.
Injuries to studentsEdit
An estimated 1 to 2 percent of physically punished students in the United States are seriously injured, to the point of needing medical attention. According to the AAP and the Society for Adolescent Medicine, these injuries have included bruises, abrasions, broken bones, whiplash injury, muscle damage, brain injury, and even death. Other reported injuries to students include "sciatic nerve damage" "extensive hematomas", and "life-threatening fat hemorrhage".
Promotion of violenceEdit
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. According to the American Academy of Child and Adolescent Psychiatry, "Corporal punishment signals to the child that a way to settle interpersonal conflicts is to use physical force and inflict pain". 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. It sanctions the notion that it is meritorious to be violent toward our children, thereby devaluing them in society's eyes. 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".
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. They suggest that student self-governance can be an effective alternative for managing disruptive classroom behaviour, while stressing the importance of adequate training and support for teachers.
The AAP remarks that there has been "no reported increase in disciplinary problems in schools following the elimination of corporal punishment" according to evidence.
A number of international human-rights organizations including the UN Committee on the Rights of the Child, the Parliamentary Assembly of the Council of Europe, and the Inter-American Commission on Human Rights have stated that physical punishment of any kind is a violation of children's human rights.
According to the Committee on the Rights of the Child, "Children do not lose their human rights by virtue of passing through the school gates [...] the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline". 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.
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. 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.
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. (46 of these countries also prohibited corporal punishment of children in the home as of May 2015).
Banned in 1813, corporal punishment was re-legalised in 1815 and punishments by physical pain lasted legally till 1884, when it was banned again unless there was a Court order. The instruments were rebenques, slappings in the face and others. All corporal punishment in children is prohibited everywhere (schools, home, etc) since 2016.
In Australia, laws on corporal punishment in schools are determined at individual state or territory level. While still legal in private schools in some states, in practice, very few schools impose corporal punishment.
|State||Government schools||Non-government schools|
|Victoria||Banned in 1983.||Banned in 1990.|
|Queensland||Banned in 1994.||Not banned.|
|New South Wales||First banned in 1987. Ban repealed in 1989 but was in disuse.
Banned again in 1995.
|Banned in 1997.|
|Tasmania||Banned in 1999.||Banned in 1999.|
|Australian Capital Territory||Banned in 1988.||Banned in 1997.|
|Northern Territory||Not Banned.||Banned in 2009.|
|South Australia||Banned in 1991.||Not banned|
|Western Australia||Banned in 1999.
Effectively abolished by Education Department policy in 1987.
|Banned in 2015.|
Corporal punishment in schools was banned in Austria in 1974.
Corporal punishment in all settings, including schools, was prohibited in Bolivia in 2014. 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".
Corporal punishment in all settings, including schools, was prohibited in Brazil in 2014. 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".
Caning is commonly used by teachers as a punishment in schools. The cane is applied on the students' buttocks, calves or palms of the hands in front of the class. Tramline cane marks could be left. Sit-ups with ears pulled and arms crossed, kneeling, and standing on the bench in the classroom are other forms of corporal punishments used in schools. Common reasons for punishment include talking in class, not finishing homework, mistakes made with classwork, fighting and truancy.
In Canadian Foundation for Children, Youth and the Law v. Canada (2004) the Supreme Court outlawed school corporal punishment. In public schools, the usual implement was a rubber/canvas strap applied to the hands, while private schools often used a paddle or cane administered to the student's posterior. In many parts of Canada, 'the strap' had not been used in public schools since the 1970s or even earlier: thus, it has been claimed that it had not been used in Quebec since the 1960s, and in Toronto it was banned in 1971. However, some schools in Alberta had been using the strap up until the ban in 2004.
In 2004, the Supreme Court of Canada outlawed corporal punishment in all schools, public or private. The practice itself had largely been abandoned in the 1970s when parents placed greater scrutiny on the treatment of children at school. The subject received extensive media coverage, and corporal punishment became obsolete as the practice was widely seen as degrading and inhumane. 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.
Some Canadian provinces banned corporal punishment in public schools prior to the national ban in 2004. They are, in chronological order by year of provincial ban:
- British Columbia - 1973
- Nova Scotia - 1989
- New Brunswick - 1990
- Yukon - 1990
- Prince Edward Island - 1993
- Northwest Territories - 1995
- Nunavut - 1995* (banned while Nunavut was still part of Northwest Territories. Remained banned in Nunavut when it became a separate Territory in 1999.)
- Newfoundland and Labrador - 1997
- Quebec - 1998
Corporal punishment in China was officially banned after the communist revolution in 1949. The Compulsory Education Law of 1986 states: "It shall be forbidden to inflict physical punishment on students". In practice, beatings by schoolteachers are common, especially in rural areas.
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.[better source needed]
All corporal punishment, both in school and in the home, has been banned since 2008.
Corporal punishment is outlawed under Article 31 of the Education Act.
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. Around 80% of the boys and 60% of the girls were punished by teachers using their hands, sticks, straps, shoes, punches, and kicks as most common methods of administration. The most common reported injuries were bumps and contusions.
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.
The systematic use of corporal punishment has been absent from French schools since the 19th century. There is no explicit legal ban on it, but in 2008 a teacher was fined €500 for what some people describe as slapping a student.
School corporal punishment, historically widespread, was outlawed in different states via their administrative law at different times. It was not completely abolished everywhere until 1983. Since 1993, use of corporal punishment by a teacher has been a criminal offence. 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. 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).
Corporal punishment in Greek primary schools was banned in 1998, and in secondary schools in 2005.
Corporal punishment is still used in most of India. The Delhi High Court banned its use in Delhi schools in 2000. 17 out of 29 states claim to apply the ban, though enforcement is lax. A number of social and cultural groups, including Shankaracharya, are campaigning against corporal punishment in India. In many states, corporal punishment is still practised within most schools. Society for Prevention of Injuries & Corporal Punishment (SPIC) is actively running awareness campaigns to educate the teachers and students through conferences and scientific publications.
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). Teachers were not liable to criminal prosecution until 1997, when the rule of law allowing "physical chastisement" was explicitly abolished.
Corporal punishment in Italian schools was banned in 1928.
Although banned in 1947, corporal punishment is still commonly found in schools in the 2010s and particularly widespread in school sports clubs. 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. As recent as December 2012, a high school student committed suicide after having been constantly beaten by his basketball coach. An education ministry survey found that more than 10,000 students received illegal corporal punishment from more than 5,000 teachers across Japan in 2012 fiscal year alone.
Caning is a common form of discipline in many Malaysian schools. Legally, it should be applied only to male students, but in practice, there are many reported cases of schoolgirls being caned. Legalising caning of female students has been debated. This would be applied to the palm of the hand, whereas boys are typically caned across the seat of the trousers.
Caning and other forms of corporal punishment in schools was abolished in 1920.
In New Zealand schools, corporal punishment was abolished in practice in 1987, but wasn't criminalised until 23 July 1990, when Section 139A of the Education Act 1989 was inserted by the Education Amendment Act 1990. 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. 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.
As enacted, the law had a loophole: parents, provided they were not school staff, could still discipline their children on school grounds. 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. 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.
Corporal punishment in Norwegian schools was strongly restricted in 1889, and was prohibited outright in 1936.
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. 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. According to one report, corporal punishment is a key reason for school dropouts and subsequently, street children, in Pakistan; as many as 35,000 high school pupils are said to drop out of the education system each year because they have been punished or abused in school.
Corporal punishment is prohibited in private and public schools.
In 1783, Poland became the first country in the world to prohibit corporal punishment. 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. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783. Today, the ban of corporal punishment in all forms, whether in schools or in the home, is vested in the Constitution of Poland.
Corporal punishment was banned in Soviet (and hence, Russian) schools in 1917. In addition, the Article 336 (since 2006) of the Labor Code of the Russian Federation states that any teacher who has used corporal punishment on a pupil shall be dismissed.
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. Other now independent countries which belonged to Yugoslavia then and to which the 1929 Law applied are: Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Kosovo, and Slovenia. In Serbia, corporal punishment in schools is now unlawful under the Law on Secondary Schools 1992, the Law on Elementary Schools 1992 and the Law on the Foundations of Education and Upbringing 2003/2009.
Corporal punishment is legal in Singapore schools (for male students only, it is illegal to inflict it on female students) and fully encouraged by the government in order to maintain strict discipline. Only a light rattan cane may be used. This must be administered in a formal ceremony by the school management after due deliberation, not by classroom teachers. Most secondary schools (whether independent, autonomous or government-controlled), and also some primary schools, use caning to deal with misconduct by boys. At the secondary level, the rattan strokes are nearly always delivered to the student's clothed buttocks. The Ministry of Education has stipulated a maximum of six strokes per occasion. In some cases the punishment is carried out in front of the rest of the school instead of in private.
The use of corporal punishment in schools was prohibited by the South African Schools Act, 1996. According to section 10 of the act:
(1) No person may administer corporal punishment at a school to a learner.
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.
Liberal regions in South Korea have completely banned all forms of caning beginning with Gyeonggi Province in 2010, followed by Seoul Metropolitan City, Gangwon Province, Gwangju Metropolitan City and North Jeolla Province in 2011. 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. It is still known to be practised.
Corporal punishment in Spanish schools was banned in 1985.
Corporal punishment at school has been prohibited in folkskolestadgan (the elementary school ordinance) since 1 January 1958. Its use by ordinary teachers in grammar schools had been outlawed in 1928. All forms of corporal punishment of children have been outlawed in Sweden since 1966.
In Tanzania corporal punishment in schools is widely practised and has led to lasting damage including death of a punished pupil. The Education Act of 2002 authorizes the minister in charge of education to issue regulations concerning corporal punishment. The Education (Corporal Punishment) Regulation G.N. 294 of 2002 gives the authority to order corporal punishment to the headmaster of a school who can delegate to any teacher on case by case basis. The number of strikes must not be more than 4 for each occurrence, The school should have a register where date, reason, name of pupil and of administering teacher together with the number of strikes is to be recorded.
Corporal punishment in schools is illegal under the Ministry of Education Regulation on Student Punishment (2005) and the National Committee on Child Protection Regulation on Working Procedures of Child Protection Officers Involved in Promoting Behaviour of Students (2005), pursuant to article 65 of the Child Protection Act.
Thai 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 parents and teachers.
Corporal punishment was banned in Soviet (and hence, Ukrainian) schools in 1917. In Ukraine, "physical or mental violence" against children is forbidden by the Constitution (Art.52.2) and the Law on Education (Art.51.1, since 1991) which states that students and other learners have the right “to the protection from any form of exploitation, physical and psychological violence, actions of pedagogical and other employees who violate the rights or humiliate their honour and dignity”. Standard instructions for teachers provided by the Ministry of Science and Education state that a teacher who has used corporal punishment to a pupil (even once), shall be dismissed.
United Arab EmiratesEdit
A federal law was implemented in 1998 which banned school corporal punishment. The law applied to all schools, both public and private. Any teacher who engages in the practice would not only lose their job and teaching license, but will also face criminal prosecution for engaging in violence against minors and will also face child abuse charges.
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 in 1986, following a 1982 ruling by the European Court of Human Rights that such punishment could not 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. In other private schools, it was banned in 1998 (England and Wales), 2000 (Scotland) and 2003 (Northern Ireland). Schools had to keep a record of punishments inflicted, and there are occasional press reports of examples of these "punishment books" having survived.
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 or (especially in the case of teenage boys) the clothed buttocks. "Slippering"—striking the buttocks with a rubber-soled gym shoe, or plimsoll shoe—was widely used in many schools, for example King's School, Macclesfield, a boys grammar school in Cheshire. In a few English cities, a strap was used instead of the cane. In Scotland a leather strap, the tawse, administered to the palms of the hands, was universal in state schools, but some private schools used the cane.
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. The Court ruled 5–4 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. 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".
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 response to a 2008 poll of 6,162 UK teachers by the Times Educational Supplement, 22% of secondary school teachers and 16% of primary school teachers supported "the right to use corporal punishment in extreme cases". The National Union of Teachers said that it "could not support the views expressed by those in favour of hitting children".
There is no federal law addressing corporal punishment in public or private schools. 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.
As of 2019, 32 states and the District of Columbia have banned corporal punishment in public schools, though in some of these there is no explicit prohibition. Corporal punishment is also unlawful in private schools in Iowa and New Jersey. In 18 U.S. states, corporal punishment is lawful in both public and private schools. It is still common in some schools in the South, and more than 167,000 students were paddled in the 2011-2012 school year in American public schools. Students can be physically punished from kindergarten to the end of high school, meaning that even legal adults who have reached the age of majority are sometimes spanked by school officials. American legal scholars have argued that school paddling is unconstitutional and can cause lasting physical, emotional, and cognitive harm.
Corporal punishment in all settings, including schools, was prohibited in Venezuela in 2007. According to the Law for the Protection of Children and Adolescents, "All children and young people have a right to be treated well. This right includes a non-violent education and upbringing... Consequently, all forms of physical and humiliating punishment are prohibited".
In Uganda, teachers usually keep their huge classes calm by corporal punishment. However, there is some movement, who wants them to change disciplining methods by using positive discipline. Teachers should better teach them how to improve, when they performed badly.
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