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school has the same rights and duties over minor students
as their parents do.
School corporal punishment has been banned in virtually all of Europe, most of South America, more than
half of U.S. states, and in Canada, South Africa and New
Zealand. The rst country in the world to prohibit it was
Poland in 1783.[3]
Legality of corporal punishment of school students in
the United States
1 Geographical scope
the federal Constitution, because that clause applies only ral punishment in schools was outlawed in 1986,[16] alto the prison system. The Supreme Court of the United though the practice remains common, especially in rural
States has not yet judged the practice under other federal areas.[17]
law or other Constitutional clauses. Paddling continues
to be used to a signicant extent in a number of Southern
states, though there has been a sharp decline in its inci2 Arguments for and against
dence over the past 20 years.
In some Asian and African countries where it has been
theoretically outlawed, it is still used in practice.
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.[4] There is a vast amount of literature on
this, in both popular and serious culture.[5][6] Britain itself
outlawed the practice in 1987 for state schools[7][8][9] and
more recently for all schools.[10][11]
it was deemed contrary to Soviet ideology.[12] 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.[13] In the 1960s, Soviet visitors to
western schools expressed shock at the caning of boys
there.[14] Other communist regimes followed suit: for instance, corporal punishment was unknown by students
in North Korea in 2007.[15] In mainland China, corpo-
The late Swiss psychologist and author Alice Miller disputed corporal punishments educational value in a letter to First Lady Laura Bush, saying, Spanking creates
fear. In a state of fear the childrens attention is totally
absorbed by the strategy of surviving and is not available
for absorbing positive messages about the right behavior.
Thus, children don't learn from our words but rather from
what we are doing to them. As they learn through imitation, they learn from us violence and hypocrisy.[22]
3.2
Australia
Opponents also argue that corporal punishment of students is less eective than positive means for managing student behaviour and does not achieve long-term
compliance.[23] One 2002 comparison study of U.S.
states in which school corporal punishment, or paddling, was permitted or prohibited found that instead
of predicting less delinquency and better student achievement, paddling was associated with higher dropout rates,
poorer academic performance, and higher crime rates.[24]
Other studies have linked corporal punishment to adverse
physical, psychological and educational outcomes including, increased aggressive and destructive behaviour, increased disruptive classroom behaviour, vandalism, poor
school achievement, poor attention span, increased dropout rate, school avoidance and school phobia, low selfesteem, anxiety, somatic complaints, depression, suicide
and retaliation against teacher.[25]
3.2 Australia
In Australia, laws on corporal punishment in schools are
determined at individual state or territory level.
In the state of Victoria, corporal punishment was banned
in government schools in 1985 (though not in nongovernment schools until 2006)[48] and it is banned by
law in all schools in New South Wales (1990/1995),[49]
the Australian Capital Territory (1997),[50] and Tasmania
(1999).[51]
In Queensland (1989) [52] and South Australia, (1991)[53]
corporal punishment is banned in government schools under ministerial guidelines or local educational policy, but
remains lawful in private schools. In practice, very few
private schools impose corporal punishment.[54]
The German psychologist Richard von Krat-Ebing suggested that a tendency to sadism and masochism may develop out of the experience of children receiving corporal
punishment at school.[43] This was disputed by Sigmund
Freud, who argued that, where there was a sexual interest in beating or being beaten, it developed in early
childhood, and rarely related to actual experiences of
punishment.[44]
3
3.1
3.4 Bolivia
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.[61]
Country by country
Argentina
3.5 Brazil
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.[62]
3 COUNTRY BY COUNTRY
3.6
Burma (Myanmar)
3.7
Canada
3.11 Egypt
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.[74]
3.12 France
The systematic use of corporal punishment has been absent from French schools since the 19th century.[75] There
is no explicit legal ban on it,[76] but in 2008 a teacher was
School Corporal Punishment Bans in Cananed 500 for what some people describe as slapping a
dian Provinces
student.[77][78][79]
3.8
Germany
3.14 Greece
Corporal punishment in Greek primary schools was
banned in 1998, and in secondary schools in 2005.[81]
Corporal punishment in China was ocially banned after the communist revolution in 1949. The Compulsory
Education Law of 1986 states: It shall be forbidden to 3.15 India
inict physical punishment on students.[16] In practice,
beatings by schoolteachers are common, especially in ru- See also: Socio-economic issues in India
ral areas.[17][72]
3.20
Netherlands
3.16 Ireland
In schools in Ireland, corporal punishment was banned by
regulation in 1982, and its use became a criminal oence
in 1996. [84]
3.17 Italy
Banned in 1928.[85]
A picture showing the marks left on a Malaysian female students
palm after a caning
3.18 Japan
3.20 Netherlands
Although legally 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.[86]
As recent as December 2012, a high school student committed suicide after having been constantly beaten by his
basketball coach.[87] An education ministry survey found
that more than 10,000 students received corporal punishment from more than 5,000 teachers across Japan in 2012
scal year alone.[88]
3.19 Malaysia
See also: Caning in Malaysia
Caning is a common form of discipline in many
Malaysian schools. Legally it should be applied only to
male students, but the idea of making the caning of girls
lawful has recently been debated. This would be applied
to the palm of the hand, whereas boys are typically caned
across the seat of the trousers.[89] By law in Malaysia, caning must not be done on the bare buttocks i.e. the pupil
must not be instructed to drop his trousers before he is
caned.
Banned in 1920.[90]
6
ment to their children.
3.22 Norway
Strongly restricted in 1889. Completely banned in 1936.
3.23 Pakistan
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 childrens 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 in Pakistan are said to drop out of the education
system each year because they have been punished or
abused in school.[94]
3.24 Philippines
Corporal punishment is prohibited in private and public
schools.[95]
3 COUNTRY BY COUNTRY
Corporal punishment is legal in Singapore schools (for
male students only), and fully encouraged by the government in order to maintain strict discipline.[99] Only a
light rattan cane may be used.[100] 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
and one or two post-secondary institutions, use caning to
deal with misconduct by boys.[101] At the secondary and
post-secondary level, the rattan strokes are always delivered to the students buttocks, and never on the bare 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.
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
In 1783, Poland became the rst country in the world private Christian schools to impose corporal punishment.
to prohibit corporal punishment.[3] Peter Newell assumes
that perhaps the most inuential writer on the subject
was the English philosopher John Locke, whose Some 3.29 South Korea
Thoughts Concerning Education explicitly criticised the
central role of corporal punishment in education. Lockes Since 2010, all forms of caning are completely banned in
work was highly inuential, and may have helped inu- the liberal regions of Seoul Metropolitan City, Gyeonggi
ence Polish legislators to ban corporal punishment from Province, Gangwon Province, Gwangju Metropolitan
Polands schools in 1783. Today, the ban of corpo- City, North Jeolla Province and South Jeolla Province.
ral punishment in all forms is vested in Constitution of Other conservative regions are governed by a national law
enacted in 2011 which states that while caning is generPoland[96][97][98]
ally forbidden, it can be used indirectly to maintain school
discipline.[103]
3.25 Poland
3.26 Russia
3.30 Spain
3.31 Sweden
3.27 Singapore
Main article: Caning in Singapore School caning
3.37
United States
3.32 Taiwan
7
widely used as a less formal alternative. In a few English
cities, a strap was used instead of the cane.[113]
3.33 Thailand
3.34 Ukraine
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.[108] 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.
where it is used, over at least the past 20 years. The antispanking campaign Center for Eective Discipline, extrapolating from federal statistics, estimates that the number of students spanked or paddled in 2006 in U.S. public
schools was about 223,000.[122]
Statistics show that black and Hispanic students are
more likely to be paddled than white students,[122] possibly because minority-race parents are more inclined
to approve of it.[125][126] However, a study in Kentucky
found that minority students were disproportionately targeted by discipline policies generally, not only corporal
punishment.[127]
3.38 Venezuela
Increasingly, corporal punishment in US schools is, either explicitly or de facto, a matter of choice for the
student. Thus, the rules of the Alexander City Schools
provide, No student is required to submit to corporal
punishment.[131] Many school handbooks provide that
where a student refuses to submit to a paddling, he or
she will receive some other punishment instead, such
as suspension. Students are unlikely nowadays to be
forcibly restrained while being paddled, as happened in
the 1970 case which came to the Supreme Court in 1977
as Ingraham v. Wright,[132] where the Court deemed
the punishment constitutionally permissible, holding that
the Cruel and Unusual Punishments Clause of the Eighth
Amendment does not apply to disciplinary corporal punishment in public schools and the Due Process Clause of
the Fourteenth Amendment is not oended by the Florida
scheme.
Alaska - 1989
California 1986
Connecticut 1989
Delaware 2003
District of Columbia 1977
Hawaii 1973
Illinois 1994[139]
Iowa 1989
9
Maine 1979
Maryland 1993
Massachusetts 1971
Michigan 1989
Minnesota 1989
Montana 1991
Nebraska 1988
Nevada 1993
New Hampshire 1983
New Jersey 1867
New Mexico 2011
New York 1985
North Dakota 1989
Ohio 2009[140]
Oregon 1989
Pennsylvania 2005
Rhode Island 2002
South Dakota 1990
Utah 1992[141]
Vermont 1985
Virginia 1989
Washington 1993
6 References
Wisconsin 1988
See also
Corporal punishment in the home
Campaigns against corporal punishment
Blab school
School bullying
School discipline
10
REFERENCES
[34] Greydanus, D.E.; Pratt, H.D.; Spates, Richard C.; BlakeDreher, A.E.; Greydanus-Gearhart, M.A.; Patel, D.R.
(May 2003). Corporal punishment in schools: position
paper of the Society for Adolescent Medicine (PDF).
J Adolesc Health 32 (5): 38593. doi:10.1016/S1054139X(03)00042-9. PMID 12729988.
[35] Corporal Punishment. Council Policy Manual. American Psychological Association. 1975.
[36] Royal College of Paediatrics and Child Health Position
Statement on corporal punishment (PDF). November
2009.
[37] Lynch, M. (September 2003). Community pediatrics:
role of physicians and organizations. Pediatrics 112 (3
Part 2): 7324. doi:10.1542/peds.112.3.S1.732 (inactive
2015-01-09). PMID 12949335.
[38] Memorandum on the Use of Corporal Punishment
in Schools. Psychiatric Bulletin 2 (4): 62. 1978.
doi:10.1192/pb.2.4.62.
[39] Hartwell, E. et al. (1 October 2005). Quality Network
for In-patient CAMHS Service Standards 2005/2006
(PDF). Retrieved 2008-08-06.
[40] Psychosocial Paediatrics Committee, Canadian Paediatric
Society (2004). Eective discipline for children. Paediatrics & Child Health 9 (1): 3741. PMC 2719514.
[41] Legislative assembly questions #0293 - Australian Psychological Society: Punishment and Behaviour Change.
Parliament of New South Wales. 20 October 1996.
Archived from the original on 2008-05-03. Retrieved
2008-08-06.
[42] Corporal punishment. National Association of Secondary School Principals. February 2009.
[43] von Krat-Ebing, Richard. Psychopathia Sexualis, F.A.
Davis Co., London & Philadelphia, 1892. Republished
1978 by Stein & Day, New York: ISBN 0-8128-6011-X
[44] Freud, Sigmund. A child is being beaten, International
Journal of Psychoanalysis 1919; 1:371.
[45] Dilogo, premios y penitencias: cmo poner lmites sin
violencia. El Clarn (Buenos Aires). 17 December 2005.
(Spanish)
[46] En Argentina, del golpe a la convivencia. El Clarn
(Buenos Aires). 10 February 1999. (Spanish)
11
[72] New measures taken in schools to improve teacherstudent relations, Peoples Daily, Beijing, 31 July 2005.
[74] Youssef RM, Attia MS, Kamel MI; Attia; Kamel (October
1998). Children experiencing violence. II: Prevalence
and determinants of corporal punishment in schools.
Child Abuse Negl 22 (10): 97585. doi:10.1016/S01452134(98)00084-2. PMID 9793720.
[75] The punishments in French schools are impositions and
connements."-- Matthew Arnold (1861) cited in Robert
McCole Wilson, A Study of Attitudes Towards Corporal
Punishment as an Educational Procedure From the Earliest
Times to the Present, Nijmegen University, 1999, 4.3.
[76] France State Report, GITEACPOC.
[77] Teacher Fined, Praised for Slap, Time (New York), 14
August 2008.
[78] Marie Desnos, Une gie 500 euros, lejdd.fr, 13 August
2008
[79] Jean-Pierre Rosenczveig, Violences non retenues au collge, 1 February 2008
[80] Its 40 years since corporal punishment got a general
boot, translated from Saarbrcker Zeitung, 19 June 1987.
[81] Greece State Report, GITEACPOC, November 2006.
[82] Nilanjana Bhowmick (2 May 2009). Why Indias Teachers Do Not Spare the Rod. Time (New York).
[83] http://forensicwayout.com/SPIC/tabid/127/Default.aspx
[87] http://www.japantoday.com/category/national/view/
student-commits-suicide-after-being-beaten-by-school-basketball-coach
[88] http://www.japantimes.co.jp/news/2013/06/03/national/
corporal-punishment-rife-in-schools-in-2012-survey/#.
UjrOacZ6aQk
[89] School corporal punishment in Malaysia at World Corporal Punishment Research.
[90] Netherlands State Report, GITEACPOC.
[91] Education Act 1989 - New Zealand Legislation. New
Zealand Parliamentary Counsel Oce. Retrieved 201101-09.
[70] Spanking still legal in Canada. Montreal Gazette (Quebec). 23 February 2005.
12
REFERENCES
[94] PAKISTAN: Corporal punishment key reason for school [119] Lyman, Rick (30 September 2006).In Many Public
dropouts. IRIN Asia. 18 May 2008.
Schools, the Paddle Is No Relic. The New York Times.
[95] Philippines State Report, GITEACPOC.
[96]
,
, 2011.3.23
Vol. 96, No. 9. pp. 11621168. ISSN 00279684
[104] Spain State Report, GITEACPOC.
[127] Richart, David; Brooks, Kim; Soler, Mark. Unintended
Consequences: The Impact of 'Zero Tolerance' and Other
[105] Changing concepts of Grammar School teacher authority
Exclusionary Policies on Kentucky Students, report prein Sweden 1927-1965. Australian Association for Repared by the National Institute on Children, Youth &
search in Education. 1997.
Families at Spalding University in Louisville, KY; the
[106] Taiwan corporal punishment banned, BBC News On
Childrens Law Center in Covington, KY; and the Youth
Line, London, 29 December 2006.
Law Center in Washington, D.C.
[107] Legality of corporal punishment in Thailand, End Cor- [128] Gregory, J.F. (1995). Crime of punishment: Racial
poral Punishment, February 2009.
and gender disparities in the use of corporal punishment in U.S. public schools. Journal of Negro Ed[108] Ukraine. DETAILED COUNTRY REPORT. Last upucation (Journal of Negro Education) 64 (4): 454
dated: February 2011.
462. doi:10.2307/2967267. JSTOR 2967267. Retrieved
2008-10-30.
[109] http://www.khda.gov.ae/pages/en/
commonQuestionssch.aspx
[129] McCarthy, Carolyn (2010). Prepared remarks of United
States Representative Carolyn McCarthy at the 15 April
[110] http://www.thenational.ae/news/uae-news/education/
2010 meeting of the Healthy Families and Communicorporal-punishment-ban-makes-discipline-almost-impossible-say-uae-teachers
ties Subcommittee, Committee on Education and Labor,
[111] http://www.thenational.ae/news/uae-news/education/
United States House of Representatives.
uae-teacher-banned-after-forcing-child-to-remove-shirt-in-class
[130] Garcia v. Miera. United States Court of Appeals, Tenth
[112] ECtHR judgment in case 13134/87
Circuit, 28 April 1987.
[113] Guide to LEAs Corporal Punishment Regulations in Eng- [131] Alexander City Schools (2010). Student/Parent Informaland and Wales, Society of Teachers Opposed to Physical
tion Guide and Code of Conduct, 2009-2010 School Year,
Punishment, Croydon, 1979.
p. 47.
[114] Rise and fall of the belt, Sunday Standard, Glasgow, 28 [132]
February 1982.
[133]
[115] Ahmed, Kamal (27 April 2003). He could talk his way
out of things. The Observer (London).
[134]
[116] A 'fth of teachers back caning'". BBC News Online. 3
October 2008.
[117] Bloom, Adi (10 October 2008). Survey whips up debate [135] H.R. 5628, 111th Congress, 2d Session.
on caning, Times Educational Supplement (London).
[136] H.R. 1522, 102d Congress, 1st Session.
[118] C. Farrell (November 2014). Corporal punishment in US
schools. World Corporal Punishment Research.
[137] http://www.stopcorporalpunishment.com/facts.html
13
14
7.1
Text
7.2
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