School corporal punishment

Legality of corporal punishment of school students inthe United States

Legality of corporal punishment of minors in EuropeCorporal punishment banned in both schools and thehomeCorporal punishment banned in schools onlyCorporal punishment allowed in schools and in the home

School corporal punishment, an ocial punishment formisbehaviour by school students, involves striking thestudent a given number of times in a generally methodi-cal and premeditated ceremony. The punishment is usu-ally administered either across the buttocks[1] or on thehands,[2] with an implement specially kept for the pur-pose such as a rattan cane, wooden paddle, slipper, leatherstrap or wooden yardstick. Less commonly, it could alsoinclude spanking or smacking the student in a deliberatemanner on a specic part of the body with the open hand,especially at the elementary school level.Advocates of school corporal punishment argue that itprovides an immediate response to indiscipline and thatthe student is quickly back in the classroom learning,rather than being suspended from school. Opponents ar-gue that physical punishment is ineective in the longterm, interferes with learning, produces numerous harm-ful side eects, and is a form of violence that violates therights of children.In the English-speaking world, the use by schools ofcorporal punishment has historically been justied bythe common law doctrine of in loco parentis, whereby a

school has the same rights and duties over minor studentsas their parents do.School corporal punishment has been banned in virtu-ally all of Europe, most of South America, more thanhalf of U.S. states, and in Canada, South Africa and NewZealand. The rst country in the world to prohibit it wasPoland in 1783.[3]

1 Geographical scope

Medieval schoolboy birched on the bare buttocks.

Corporal punishment used to be prevalent in schools inmany parts of the world, but in recent decades it hasbeen outlawed in most of Europe and in Canada, Ko-rea, South Africa, New Zealand and several other coun-tries (see list of countries, below). It remains common-place in a number of countries in Africa, south-east Asiaand the Middle East (see list of countries, below). In theUnited States, the Supreme Court ruling in Ingraham v.Wright (1977) held that school corporal punishment doesnot violate the Cruel and Unusual Punishment clause of

1

2 2 ARGUMENTS FOR AND AGAINST

the federal Constitution, because that clause applies onlyto the prison system. The Supreme Court of the UnitedStates has not yet judged the practice under other federallaw or other Constitutional clauses. Paddling continuesto be used to a signicant extent in a number of Southernstates, though there has been a sharp decline in its inci-dence over the past 20 years.In some Asian and African countries where it has beentheoretically outlawed, it is still used in practice.Much of the traditional culture that surrounds corporalpunishment in school, at any rate in the English-speakingworld, derives largely from British practice in the 19thand 20th centuries, particularly as regards the caning ofteenage boys.[4] There is a vast amount of literature onthis, in both popular and serious culture.[5][6] Britain itselfoutlawed the practice in 1987 for state schools[7][8][9] andmore recently for all schools.[10][11]

1839 caricature by George Cruikshank of a school ogging

Many schools in Singapore and Malaysia use caning (forboys) as a routine ocial punishment for misconduct, asalso some African countries. In some Middle Easterncountries whipping is used. In South Korea, male andfemale secondary students alike are commonly spankedin school. (See list of countries, below.)In most of continental Europe, school corporal punish-ment has been banned for several decades, much longerin certain countries. As a formal deliberate ceremony, itseems to have been more common in northern/Protestantcountries of Germanic culture than in southern/Catholiccountries of Latin culture. Caning was not completelyabolished until 1967 in Denmark and 1983 in Germany.(See list of countries, below.)From the 1917 Russian revolution onwards, corporalpunishment was outlawed in the Soviet Union, becauseit was deemed contrary to Soviet ideology.[12] Commu-nists in other countries such as Britain took the lead incampaigning against school corporal punishment, whichthey viewed as a symptom of the decadence of capital-ist education systems.[13] In the 1960s, Soviet visitors towestern schools expressed shock at the caning of boysthere.[14] Other communist regimes followed suit: for in-stance, corporal punishment was unknown by studentsin North Korea in 2007.[15] In mainland China, corpo-

ral punishment in schools was outlawed in 1986,[16] al-though the practice remains common, especially in ruralareas.[17]

2 Arguments for and against

1888 drawing of two students receiving the cane

Principal of John C. Calhoun Elementary in CalhounHills, South Carolina, David Nixon, a supporter of cor-poral punishment in schools, says that as soon as the stu-dent has been punished he can go back to his class andcontinue learning,[18] in contrast to out-of-school suspen-sion, which removes him from the educational process[19]and gives him a free holiday.[20]

Philip Berrigan, a Catholic priest, who taught at St. Au-gustine High School in New Orleans, was another sup-porter of corporal punishment. Berrigan said that corpo-ral punishment saved much sta time that would other-wise have been devoted to supervising detention classesor in-school suspension, and managing the bureaucracythat goes with these punishments.[21]

The late Swiss psychologist and author Alice Miller dis-puted corporal punishments educational value in a let-ter to First Lady Laura Bush, saying, Spanking createsfear. In a state of fear the childrens attention is totallyabsorbed by the strategy of surviving and is not availablefor absorbing positive messages about the right behavior.Thus, children don't learn from our words but rather fromwhat we are doing to them. As they learn through imita-tion, they learn from us violence and hypocrisy.[22]

3.2 Australia 3

Opponents also argue that corporal punishment of stu-dents is less eective than positive means for manag-ing student behaviour and does not achieve long-termcompliance.[23] One 2002 comparison study of U.S.states in which school corporal punishment, or pad-dling, was permitted or prohibited found that insteadof predicting less delinquency and better student achieve-ment, paddling was associated with higher dropout rates,poorer academic performance, and higher crime rates.[24]Other studies have linked corporal punishment to adversephysical, psychological and educational outcomes includ-ing, increased aggressive and destructive behaviour, in-creased disruptive classroom behaviour, vandalism, poorschool achievement, poor attention span, increased drop-out rate, school avoidance and school phobia, low self-esteem, anxiety, somatic complaints, depression, suicideand retaliation against teacher.[25]

International human rights organizations including theUN Committee on the Rights of the Child, theParliamentary Assembly of the Council of Europe, andthe Inter-American Commission on Human Rights havestated that physical punishment of any kind is a violationof childrens human rights.[26][27][28]

Medical, pediatric or psychological societies opposingschool corporal punishment include: the AmericanMedical Association,[29] the American Academyof Pediatrics,[30][31][32] the Society for AdolescentMedicine,[33][34] the American Psychological Associ-ation,[35] the Royal College of Paediatrics and ChildHealth,[36][37] the Royal College of Psychiatrists,[38][39]the Canadian Paediatric Society[40] and the AustralianPsychological Society.[41] School corporal punishmentis also opposed by the (U.S.) National Association ofSecondary School Principals.[42]

The German psychologist Richard von Krat-Ebing sug-gested that a tendency to sadism and masochism may de-velop out of the experience of children receiving corporalpunishment at school.[43] This was disputed by SigmundFreud, who argued that, where there was a sexual in-terest in beating or being beaten, it developed in earlychildhood, and rarely related to actual experiences ofpunishment.[44]

3 Country by country

3.1 Argentina

Banned in 1813, corporal punishment was re-legalisedin 1817 and punishments by physical pain lasted untilthe 1980s. The instruments were rebenques, slappingsin the face and others.[45][46] All corporal punishment hasnow been prohibited; the ban is set to come into eect in2016.[47]

3.2 Australia

In Australia, laws on corporal punishment in schools aredetermined at individual state or territory level.In the state of Victoria, corporal punishment was bannedin government schools in 1985 (though not in non-government schools until 2006)[48] and it is banned bylaw 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 un-der ministerial guidelines or local educational policy, butremains lawful in private schools. In practice, very fewprivate schools impose corporal punishment.[54]

In Western Australia, corporal punishment was formallyoutlawed in public schools by the Education Act 1999,[55]but was eectively abolished by Education Departmentpolicy in 1987.[56] Regulations aimed at ending corpo-ral punishment in private schools were announced by thestate Education Minister in January 2015, however it wasreported at this time that only one school in the state re-tained the practice and hence stood to be aected by theamendment.[57]

In the Northern Territory there is currently no legal pro-hibition for any schools, government or private.[58] How-ever, it is contrary to Education Department policy, andit has been asserted by a former Education Minister thatit is not used in practice.[59]

3.3 Austria

School corporal punishment was banned in 1974.[60]

3.4 Bolivia

Corporal punishment in all settings, including schools,was prohibited in Bolivia in 2014. According to the Chil-dren and Adolescents Code, The child and adolescenthas the right to good treatment, comprising a non-violentupbringing and education... Any physical, violent and hu-miliating punishment is prohibited.[61]

3.5 Brazil

Corporal punishment in all settings, including schools,was prohibited in Brazil in 2014. According to an amend-ment to the Code on Children and Adolescents 1990,Children andAdolescents are entitled to be educated andcared for without the use of physical punishment or cruelor degrading treatment as forms of correction, discipline,education or any other pretext.[62]

4 3 COUNTRY BY COUNTRY

3.6 Burma (Myanmar)Caning is commonly used by teachers as a punishmentin schools.[63] Cane is applied on the students buttocks,calves or palms of the hands in front of the class. Tram-line cane marks could be left. Sit-ups with ears pulled andarms crossed, kneeling, and standing on the bench in theclassroom are other forms of corporal punishments usedin schools. Common reasons for punishment include talk-ing in class, not nishing homework, mistakes made withclasswork, ghting and truancy.[64][65]

3.7 CanadaIn Canadian Foundation for Children, Youth and theLaw v. Canada (2004) the Supreme Court outlawedschool corporal punishment.[66] In public schools, theusual implement was a rubber/canvas strap applied tothe hands,[67] while private schools often used a paddleor cane administered to the students posterior.[68][69] Inmany parts of Canada, 'the strap' had not been used inpublic schools since the 1970s or even earlier: thus, it hasbeen claimed that it had not been used inQuebec since the1960s,[70] and in Toronto it was banned in 1971.[2] How-ever, some schools in Alberta had been using the strap upuntil the ban in 2004.[71]

3.7.1 School Corporal Punishment Bans in Cana-dian Provinces

Some Canadian provinces banned corporal punishmentin public schools prior to the national ban in 2004. Theyare, 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 Newfoundland and Labrador - 1997 Quebec - 1998

3.8 (Peoples Republic of) ChinaCorporal punishment in China was ocially banned af-ter the communist revolution in 1949. The CompulsoryEducation Law of 1986 states: It shall be forbidden toinict physical punishment on students.[16] In practice,beatings by schoolteachers are common, especially in ru-ral areas.[17][72]

3.9 Costa Rica

All corporal punishment, both in school and in the home,has been banned since 2008.

3.10 Czech Republic

Corporal punishment is outlawed under Article 31 of theEducation Act.[73]

3.11 Egypt

A 1998 study found that random physical punishment(not proper formal corporal punishment) was being usedextensively by teachers in Egypt to punish behavior theyregarded as unacceptable. Around 80% of the boys and60% of the girls were punished by teachers, using theirhands, sticks, straps, shoes, punches and kicks as mostcommon methods of administration. The most commonreported injuries were bumps and contusions.[74]

3.12 France

The systematic use of corporal punishment has been ab-sent fromFrench schools since the 19th century.[75] Thereis no explicit legal ban on it,[76] but in 2008 a teacher wasned 500 for what some people describe as slapping astudent.[77][78][79]

3.13 Germany

School corporal punishment, historically widespread, wasoutlawed in dierent states via their administrative law atdierent times. It was not completely abolished every-where until 1983.[80] Since 1993, use of corporal punish-ment by a teacher has been a criminal oence. In thatyear a sentence by the Federal Court of Justice of Ger-many (NStZ 1993,591) was published which overruledthe previous powers enshrined in customary law and up-held by some regional appeal courts (Oberlandesgericht)even in the 1970s. They assumed a right of chastisementwas a defense of justication against the accusation ofcausing bodily harm per Section 223 Strafgesetzbuch.

3.14 Greece

Corporal punishment in Greek primary schools wasbanned in 1998, and in secondary schools in 2005.[81]

3.15 India

See also: Socio-economic issues in India

3.20 Netherlands 5

Corporal punishment is still used in most of India. TheDelhi High Court banned its use in Delhi schools in 2000.17 out of 29 states claim to apply the ban, though enforce-ment is lax.[82] A number of social and cultural groups,including Shankaracharya, are campaigning against cor-poral punishment in India. In many states, corporal pun-ishment is still practised within most schools. Society forPrevention of Injuries & Corporal Punishment (SPIC)is actively running awareness campaigns to educate theteachers and students through conferences and scienticpublications.[83]

3.16 Ireland

In schools in Ireland, corporal punishment was banned byregulation in 1982, and its use became a criminal oencein 1996. [84]

3.17 Italy

Banned in 1928.[85]

3.18 Japan

Although legally banned in 1947, corporal punishment isstill commonly found in schools in the 2010s and partic-ularly widespread in school sports clubs. In late 1987,about 60% of junior high school teachers felt it was nec-essary, with 7% believing it was necessary in all condi-tions, 59% believing it should be applied sometimes and32% disapproving of it in all circumstances; while at ele-mentary (primary) schools, 2% supported it uncondition-ally, 47% felt it was necessary and 49% disapproved.[86]As recent as December 2012, a high school student com-mitted suicide after having been constantly beaten by hisbasketball coach.[87] An education ministry survey foundthat more than 10,000 students received corporal punish-ment frommore than 5,000 teachers across Japan in 2012scal year alone.[88]

3.19 Malaysia

See also: Caning in MalaysiaCaning is a common form of discipline in many

Malaysian schools. Legally it should be applied only tomale students, but the idea of making the caning of girlslawful has recently been debated. This would be appliedto the palm of the hand, whereas boys are typically canedacross the seat of the trousers.[89] By law inMalaysia, can-ing must not be done on the bare buttocks i.e. the pupilmust not be instructed to drop his trousers before he iscaned.

A picture showing the marks left on a Malaysian female studentspalm after a caning

3.20 Netherlands

Banned in 1920.[90]

3.21 New Zealand

Corporal punishment in New Zealand schools was abol-ished in 1987, but wasn't abolished legislatively until 23July 1990, when Section 139A of the Education Act 1989was inserted by the Education Amendment Act 1990.Section 139A prohibits anyone employed by a school orECE provider, or anyone supervising or controlling stu-dents on the schools behalf, from using force by way ofcorrection or punishment towards any student at or in re-lation to the school or the student under their supervisionor control.[91] Teachers who administer corporal punish-ment can be found guilty of physical assault, resulting intermination and cancellation of teacher registration, andpossibly criminal charges, with a maximum penalty ofve years imprisonment.[92]

As enacted, the law had a loophole: parents, providedthey were not school sta, could still discipline their chil-dren on school grounds. In early 2007, a southern Auck-land Christian school was found to be using this loopholeto discipline students by corporal punishment, by makingthe students parents administer the punishment.[93] Thisloophole was closed in May 2007 by the Crimes (Substi-tuted Section 59) Amendment Act 2007, which enacteda blanket ban on parents administering corporal punish-

6 3 COUNTRY BY COUNTRY

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 com-mon in modern educational institutions although it is stillused in schools across the rural parts of the country asa means of enforcing student discipline. The methodhas been criticised by some childrens rights activists whoclaim that many cases of corporal punishment in schoolshave resulted in physical and mental abuse of schoolchil-dren. According to one report, corporal punishment is akey reason for school dropouts and subsequently, streetchildren, in Pakistan; as many as 35,000 high schoolpupils in Pakistan are said to drop out of the educationsystem each year because they have been punished orabused in school.[94]

3.24 Philippines

Corporal punishment is prohibited in private and publicschools.[95]

3.25 Poland

In 1783, Poland became the rst country in the worldto prohibit corporal punishment.[3] Peter Newell assumesthat perhaps the most inuential writer on the subjectwas the English philosopher John Locke, whose SomeThoughts Concerning Education explicitly criticised thecentral role of corporal punishment in education. Lockeswork was highly inuential, and may have helped inu-ence Polish legislators to ban corporal punishment fromPolands schools in 1783. Today, the ban of corpo-ral punishment in all forms is vested in Constitution ofPoland[96][97][98]

3.26 Russia

Banned in 1917.[12] Article 336 of the Labor Code ofthe Russian Federation states that a teacher who has usedcorporal punishment to a pupil (even once), shall be dis-missed.

3.27 Singapore

Main article: Caning in Singapore School caning

Corporal punishment is legal in Singapore schools (formale students only), and fully encouraged by the gov-ernment in order to maintain strict discipline.[99] Only alight rattan cane may be used.[100] This must be admin-istered in a formal ceremony by the school managementafter due deliberation, not by classroom teachers. Mostsecondary schools (whether independent, autonomous orgovernment-controlled), and also some primary schoolsand one or two post-secondary institutions, use caning todeal with misconduct by boys.[101] At the secondary andpost-secondary level, the rattan strokes are always deliv-ered to the students buttocks, and never on the bare but-tocks. The Ministry of Education has stipulated a maxi-mum of six strokes per occasion. In some cases the pun-ishment is carried out in front of the rest of the schoolinstead of in private.

3.28 South AfricaThe use of corporal punishment in schools was prohibitedby the South African Schools Act, 1996. According tosection 10 of the act:

(1) No person may administer corporalpunishment at a school to a learner.

(2) Any person who contravenes subsection(1) is guilty of an oence and liable on convic-tion to a sentence which could be imposed forassault.[102]

In the case of Christian Education South Africa v Minis-ter of Education the Constitutional Court rejected a claimthat the constitutional right to religious freedom entitlesprivate Christian schools to impose corporal punishment.

3.29 South KoreaSince 2010, all forms of caning are completely banned inthe liberal regions of Seoul Metropolitan City, GyeonggiProvince, Gangwon Province, Gwangju MetropolitanCity, North Jeolla Province and South Jeolla Province.Other conservative regions are governed by a national lawenacted in 2011 which states that while caning is gener-ally forbidden, it can be used indirectly to maintain schooldiscipline.[103]

3.30 SpainBanned in 1985.[104]

3.31 SwedenCorporal punishment at school has been prohibited infolkskolestadgan (the elementary school ordinance) since1 January 1958. Its use by ordinary teachers in grammarschools had been outlawed in 1928.[105]

3.37 United States 7

3.32 TaiwanIn 2006 Taiwan made corporal punishment in the schoolsystem illegal,[106] but it is still known to be practised (seeCorporal punishment in Taiwan).

3.33 ThailandCorporal punishment in schools is illegal under the Min-istry of Education Regulation on Student Punishment(2005) and the National Committee on Child ProtectionRegulation on Working Procedures of Child ProtectionOcers Involved in Promoting Behaviour of Students(2005), pursuant to article 65 of the Child ProtectionAct.[107]

3.34 UkraineIn Ukraine, physical or mental violence against chil-dren is forbidden by the Constitution (Art.52.2) and theLaw on Education (Art.51.1, since 1991) which statesthat students and other learners have the right to the pro-tection from any form of exploitation, physical and psy-chological violence, actions of pedagogical and other em-ployees who violate the rights or humiliate their honourand dignity.[108] Standard instructions for teachers pro-vided by the Ministry of Science and Education state thata teacher who has used corporal punishment to a pupil(even once), shall be dismissed.

3.35 United Arab EmiratesA federal law was implemented in 1998 which bannedschool corporal punishment. The law applied to allschools, both public and private.[109][110] Any teacher whoengages in the practice would not only lose their job andteaching license, but will also face criminal prosecutionfor engaging in violence against minors and will also facechild abuse charges.[111]

3.36 United KingdomIn state-run schools, and also in private schools where atleast part of the funding came from government, corpo-ral punishment was outlawed by Parliament with eectfrom 1987. In other private schools, it was banned in1999 (England and Wales), 2000 (Scotland) and 2003(Northern Ireland).[4] In 1993, the European Court ofHuman Rights held in Costello-Roberts v. UK that givinga seven-year-old boy three 'whacks with a gym shoe overhis trousers was not a forbidden degrading treatment.[112]

The implement used in many state and private schoolsin England and Wales was a exible rattan cane, appliedeither to the students hands or (especially in the case ofteenage boys) to the seat of the trousers. Slippering was

widely used as a less formal alternative. In a few Englishcities, a strap was used instead of the cane.[113]

In Scotland a leather strap, the tawse, administered to thepalms of the hands, was universal in state schools,[114] butsome private schools used the cane.[115]

In 2005 there was an unsuccessful challenge to prohibi-tion of corporal punishment in the Education Act 1996s.548 by headmasters of private Christian schools. Theyclaimed that it was a breach of their freedom of religionunder Article 9 ECHR (see R v Secretary of State forEducation and Employment, ex p Williamson).A 2008 poll of 6,162 UK teachers by the Times Educa-tional Supplement found that one in ve teachers wouldstill back the use of caning in extreme cases.[116][117]

3.37 United States

See also: Paddle (spanking)

In the United States, corporal punishment in publicschools is governed by ocial regulations laid down bygovernments or local education authorities, dening suchthings as the implement to be used, the number of strokesthat may be administered, which members of sta maycarry it out, and whether parents must be informed orconsulted. Depending on how narrowly the regulationsare drawn and how rigorously enforced, this has the eectof making the punishment a structured ceremony that islegally defensible in a given jurisdiction and of inhibitingsta from lashing out on the spur of the moment.[118]

Individual US states have the power to ban corporal pun-ishment in their schools. Currently, it is banned in publicschools in 31U.S. states and theDistrict of Columbia.[119]In two of these states, New Jersey[120] and Iowa,[121] itis illegal in private schools as well. The 19 states thathave not banned it are in the South and, to a lesser ex-tent, the Mid-West. It is still used to a signicant (thoughdeclining)[122] degree in some public schools in Alabama,Arkansas, Georgia, Louisiana, Mississippi, Oklahoma,Tennessee and Texas.[119]

In 1867 New Jersey became the rst U.S. state to abol-ish corporal punishment in schools. The second wasMassachusetts 104 years later in 1971. The most re-cent state to outlaw school corporal punishment was NewMexico in 2011.Private schools in every state but New Jersey and Iowaare exempt from state bans and may choose to use thepaddle. Here too, most of those which actually do so areto be found in Southern states. These are largely Christianevangelical or fundamentalist schools.[118][123][124]

Most urban public school systems, even in states where itis permitted, have abolished corporal punishment. Statis-tics collected by the federal government show that theuse of the paddle has been declining steadily, in all states

8 4 U.S. STATES BANNING SCHOOL CORPORAL PUNISHMENT

where it is used, over at least the past 20 years. The anti-spanking campaign Center for Eective Discipline, ex-trapolating from federal statistics, estimates that the num-ber of students spanked or paddled in 2006 in U.S. publicschools was about 223,000.[122]

Statistics show that black and Hispanic students aremore likely to be paddled than white students,[122] pos-sibly because minority-race parents are more inclinedto approve of it.[125][126] However, a study in Kentuckyfound that minority students were disproportionately tar-geted by discipline policies generally, not only corporalpunishment.[127]

Federal statistics consistently show that around 80% ofschool paddlings in the U.S. are of boys. This is mostcommonly thought to be because boys, more often thangirls, exhibit the kinds of misbehaviour for which corpo-ral punishment is thought appropriate.[128]

One study has alleged that students with disabilities aresubjected to corporal punishment at disproportionatelyhigh rates, approximately twice the rate of the generalstudent population in some States.[129]

Corporal punishment in American schools is adminis-tered to the seat of the students trousers or skirt witha specially made wooden paddle.[118] This often used totake place in the classroom or hallway, but nowadays thepunishment is usually given privately in the principalsoce.[118]

Most public school districts lay down detailed rules asto how the punishment is to be administered. In manycases these are published in the schools student-parenthandbook.[118]

In 1983 a school administrator struggled with a student,trying to force her to bend over a chair to receive a pad-dling. During the struggle, the student fell against a desk,sustaining a serious injury to her back.[130]

Increasingly, corporal punishment in US schools is, ei-ther explicitly or de facto, a matter of choice for thestudent. Thus, the rules of the Alexander City Schoolsprovide, No student is required to submit to corporalpunishment.[131] Many school handbooks provide thatwhere a student refuses to submit to a paddling, he orshe will receive some other punishment instead, suchas suspension. Students are unlikely nowadays to beforcibly restrained while being paddled, as happened inthe 1970 case which came to the Supreme Court in 1977as Ingraham v. Wright,[132] where the Court deemedthe punishment constitutionally permissible, holding thatthe Cruel and Unusual Punishments Clause of the EighthAmendment does not apply to disciplinary corporal pun-ishment in public schools and the Due Process Clause ofthe Fourteenth Amendment is not oended by the Floridascheme.Many school districts also oer parents an opportunity tostate whether or not they wish corporal punishment to beused on their sons and daughters. Typically, the parents

ll out a form which is led in the school oce. In manydistricts this is an opt-out system. In others an opt-insystem applies, whereby no student is so punished withoutexplicit parental consent.A bill to end the use of corporal punishment in schoolswas introduced into the United States House of Represen-tatives in June 2010 during the 111th Congress.[133][134]The bill, H.R. 5628,[135] was referred to the United StatesHouse Committee on Education and Labor where it wasnot brought up for a vote. As of June 2011 a similarbill has not been re-introduced in the 112th Congress. Aprevious bill to deny funds to educational programs thatallow corporal punishment[136] was introduced into theU.S. House of Representatives in 1991 by RepresentativeMajor R. Owens. That bill, H.R. 1522, did not becomelaw.According to the Alliance Against Corporal Punishment,72% of Americans surveyed are against corporal punish-ment in schools. While only 26% of Americans supportschool corporal punishment.[137]

3.38 Venezuela

Corporal punishment in all settings, including schools,was prohibited in Venezuela in 2007. According to theLaw for the Protection of Children and Adolescents, Allchildren and young people have a right to be treated well.This right includes a non-violent education and upbring-ing... Consequently, all forms of physical and humiliatingpunishment are prohibited.[138]

4 U.S. states banning school corpo-ral punishment

Thirty-one U.S. states and the District of Columbia havebanned corporal punishment from use in state schools.Two states, New Jersey and Iowa, additionally ban theuse of corporal punishment in private schools. Thestates, along with the year they banned, are:

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

West Virginia 1994

Wisconsin 1988

5 See also Corporal punishment in the home

Campaigns against corporal punishment

Blab school

School bullying

School discipline

6 References[1] See e.g. Student/Parent Information Guide and Code of

Conduct 2008-2009, Alexander City Schools, Alabama,USA, p.44.

[2] Toronto abolishes the strap. Globe and Mail (Toronto).23 July 1971.

[3] Abolishing corporal punishment of children: Questions andanswers (PDF). Strasbourg: Council of Europe. Decem-ber 2007. pp. 3132. ISBN 978-92-871-6310-3. Re-trieved January 2015.

[4] United Kingdom: Corporal punishment in schools atWorld Corporal Punishment Research.

[5] Quigly, Isabel (1984). The Heirs of Tom Brown: The En-glish School Story. Oxford University Press. ISBN 0-19-281404-4

[6] Chandos, John (1984). Boys Together: English PublicSchools 1800-1864. London: Hutchinson, esp. chapter11. ISBN 0-09-139240-3

[7] UK Parliament. Education (No. 2) Act 1986 as amended(see also enacted form), from legislation.gov.uk. Section47 for England and Wales and section 48 for Scotland,brought into force in 1987.

[8] Privy Council of the United Kingdom. Education (Corpo-ral Punishment) (Northern Ireland) Order 1987.

[9] Gould, Mark (9 January 2007). Sparing the rod. TheGuardian (London).

[10] UK Parliament. School Standards and FrameworkAct 1998 as amended (see also enacted form), fromlegislation.gov.uk. Section 131, for England and Wales,brought into force in 1999.

[11] Brown, Colin (25 March 1998). Last vestiges of caningswept away. The Independent (London).

[12] Teitelbaum, SalomonM. Parental Authority in the SovietUnion, in American Slavic and East European Review,Vol. 4, No. 3/4 (December 1945), pp. 54-69.

[13] Linehan, Thomas P. (2007). Communism in Britain,1920-39: From the cradle to the grave, Manchester Uni-versity Press. pp. 32 . ISBN 0-7190-7140-2

[14] Caning? Its not cricket, say the Russians at Rugby.Daily Mail (London). 22 November 1960.

[15] North Korean Defectors Face Huge Challenges. RadioFree Asia. 21 March 2007.

[16] Country report for China. Global Initiative to End AllCorporal Punishment of Children.

[17] Paul Wiseman, Chinese schools try to unlearn brutality,USA Today, Washington D.C., 9 May 2000.

[18] Adelson, Eric (4 May 2009). The Principal And ThePaddle. Newsweek (New York). While suspensions takekids out of the classroom for days, paddling could be donein 15 minutes. What are we here to do? Educate, Nixonsays. This way theres an immediate response, and thechild is right back in the room learning.

10 6 REFERENCES

[19] One Kentucky study noted, Out-of-school suspensionand expulsion interrupt students educational progress andremove students from school at a timewhen theymaymostneed stability and guidance in their lives. Repeated out-of-school suspensions maymake it impossible for studentsto keep up with the curriculum, complete class assign-ments, and advance from one grade to another. Richart,David et al. Unintended Consequences: The Impact of'Zero Tolerance' and Other Exclusionary Policies on Ken-tucky Students, report prepared by the National Instituteon Children, Youth & Families at Spalding University inLouisville, KY; the Childrens Law Center in Covington,KY; and the Youth Law Center in Washington, D.C.

[20] Chmelynski, Carol (5 December 1995). Is paddling onits way back?". National School Boards Association.

[21] Sometimes we sent a student to the principals oce fora paddling, and I have seen a marvelous clearing of theair with a simple whack on the butt. The oending stu-dent realized without resorting to guilt or subterfuge, theseriousness of his transgression. Berrigan, Father Philip,quoted in Johnson, Allen Jr (31 December 2002). TheAggressive Pacist. Gambit (New Orleans).

[22] Miller, Alice (February 2001). Open Letter to the Presi-dent of the United States of America. www.alice-miller.com. Retrieved January 2015.

[23] Review of research on the eects of corporal punish-ment: working paper (PDF). Global Initiative to End AllCorporal Punishment of Children. April 2013. RetrievedJanuary 2015.

[24] Guthrow, John (December 2002). Correlation betweenhigh rates of corporal punishment in public schools andsocial pathologies. Parents and Teachers Against Vio-lence in Education. Retrieved January 2015.

[25] Poole, S.R.; Ushkow, M.C.; Nader, P.R. (July 1991).The role of the pediatrician in abolishing corporal pun-ishment in schools. Pediatrics 88 (1): 1627. PMID2057255.

[26] General comment No. 8 (2006): The right of the childto protection from corporal punishment and or cruel ordegrading forms of punishment (articles 1, 28(2), and 37,inter alia)". United Nations Committee on the Rights ofthe Child, 42nd Sess., U.N. Doc. CRC/C/GC/8. 2 March2007. Retrieved January 2015.

[27] Europe-Wide Ban on Corporal Punishment of Chil-dren, Recommendation 1666. Parliamentary Assembly,Council of Europe (21st Sitting). 23 June 2004. Re-trieved January 2015.

[28] Report on Corporal Punishment and Human Rights ofChildren and Adolescents. Inter-American Commissionon Human Rights, Rapporteurship on the Rights of theChild, Organization of American States. 5 August 2009.Retrieved January 2015.

[29] H-515.995 Corporal Punishment in Schools. AmericanMedical Association.

[30] American Academy of Pediatrics, Committee on SchoolHealth (February 1984). Corporal punishment inschools. Pediatrics 73 (2): 258. PMID 6599942.

[31] Stein, M.T.; Perrin, E.L. (April 1998). Guidance foreective discipline. American Academy of Pediatrics.Committee on Psychosocial Aspects of Child and FamilyHealth. Pediatrics 101 (4 Pt 1): 7238. PMID 9521967.

[32] American Academy of Pediatrics. Committee onSchool Health (August 2000). Corporal punish-ment in schools. Pediatrics 106 (2 Pt 1): 343.doi:10.1542/peds.106.2.343. PMID 10920163.

[33] Corporal punishment in schools. A position paper of theSociety for Adolescent Medicine. J Adolesc Health 13(3): 2406. May 1992. PMID 1498122.

[34] Greydanus, D.E.; Pratt, H.D.; Spates, Richard C.; Blake-Dreher, A.E.; Greydanus-Gearhart, M.A.; Patel, D.R.(May 2003). Corporal punishment in schools: positionpaper of the Society for Adolescent Medicine (PDF).J Adolesc Health 32 (5): 38593. doi:10.1016/S1054-139X(03)00042-9. PMID 12729988.

[35] Corporal Punishment. Council Policy Manual. Ameri-can Psychological Association. 1975.

[36] Royal College of Paediatrics and Child Health PositionStatement on corporal punishment (PDF). November2009.

[37] Lynch, M. (September 2003). Community pediatrics:role of physicians and organizations. Pediatrics 112 (3Part 2): 7324. doi:10.1542/peds.112.3.S1.732 (inactive2015-01-09). PMID 12949335.

[38] Memorandum on the Use of Corporal Punishmentin Schools. Psychiatric Bulletin 2 (4): 62. 1978.doi:10.1192/pb.2.4.62.

[39] Hartwell, E. et al. (1 October 2005). Quality Networkfor In-patient CAMHS Service Standards 2005/2006(PDF). Retrieved 2008-08-06.

[40] Psychosocial Paediatrics Committee, Canadian PaediatricSociety (2004). Eective discipline for children. Pae-diatrics & Child Health 9 (1): 3741. PMC 2719514.

[41] Legislative assembly questions #0293 - Australian Psy-chological Society: Punishment and Behaviour Change.Parliament of New South Wales. 20 October 1996.Archived from the original on 2008-05-03. Retrieved2008-08-06.

[42] Corporal punishment. National Association of Sec-ondary School Principals. February 2009.

[43] von Krat-Ebing, Richard. Psychopathia Sexualis, F.A.Davis Co., London & Philadelphia, 1892. Republished1978 by Stein & Day, New York: ISBN 0-8128-6011-X

[44] Freud, Sigmund. A child is being beaten, InternationalJournal of Psychoanalysis 1919; 1:371.

[45] Dilogo, premios y penitencias: cmo poner lmites sinviolencia. 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

[47] Country report for Argentina. Global Initiative to EndAll Corporal Punishment of Children.

[48] Corporal punishment: Key issues - Resource Sheet.Child Family Community Australia. Retrieved 20 April2013.

[49] Education Act 1990 (NSW), s47(h), s3 and s 35 (2A)

[50] Education Act 2004 (ACT), s7(4).

[51] Education Act 1994 (Tas), s82A.

[52] Criminal Code Act (Qld), s280.

[53] Australia State Report, GITEACPOC.

[54] Barrett, Rosanne (25 June 2012). States refuse to buckleamid calls to ban cane. The Australian (Sydney). Re-trieved 15 February 2015.

[55] School Education Regulations, s40, cf Criminal CodeAct,s257.

[56] School Education Bill - Committee. Hansard. Parlia-ment of Western Australia. Retrieved 15 February 2015.

[57] Last WA school using corporal punishment forced to endpractice from next term. ABC News. Australian Broad-casting Corporation. Retrieved 15 February 2015.

[58] Criminal Code Act (NT), s11.

[59] Northern Territory loophole lets teachers smack kids.news.com.au. News Limited. Retrieved 15 February2015.

[60] Austria State Report, GITEACPOC.

[61] Prohibition of all corporal punishment in Bolivia(2014)". Global Initiative to End All Corporal Punish-ment of Children.

[62] Brazil Prohibits All Corporal Punishment. Save theChildren. 2 July 2014.

[63] Corporal punishment common practice'"

[64] Against the cane: corporal punishment in Myanmar

[65]

[66] Supreme Court takes strap out of teachers hands. Ed-monton Journal (Alberta). 1 February 2004.

[67] Moyers school supplies catalogue, 1971.

[68] FitzGerald, James (1994).Old Boys: The Powerful Legacyof Upper Canada College. Toronto: Macfarlane Walter &Ross. ISBN 0-921912-74-9

[69] Byeld, Ted (21 October 1996). Do our new-foundideas on children maybe explain the fact we can't controlthem?". Alberta Report (Edmonton).

[70] Spanking still legal in Canada. Montreal Gazette (Que-bec). 23 February 2005.

[71] Peace Wapiti scraps strap. Daily Herald-Tribune(Grande Prairie, Alberta). 19 November 2004.

[72] New measures taken in schools to improve teacher-student relations, Peoples Daily, Beijing, 31 July 2005.

[73] Czech Republic State Report, GITEACPOC, June 2011.

[74] Youssef RM, AttiaMS, KamelMI; Attia; Kamel (October1998). Children experiencing violence. II: Prevalenceand determinants of corporal punishment in schools.Child Abuse Negl 22 (10): 97585. doi:10.1016/S0145-2134(98)00084-2. PMID 9793720.

[75] The punishments in French schools are impositions andconnements."-- Matthew Arnold (1861) cited in RobertMcCole Wilson, A Study of Attitudes Towards CorporalPunishment as an Educational Procedure From the EarliestTimes to the Present, Nijmegen University, 1999, 4.3.

[76] France State Report, GITEACPOC.

[77] Teacher Fined, Praised for Slap, Time (New York), 14August 2008.

[78] Marie Desnos, Une gie 500 euros, lejdd.fr, 13 August2008

[79] Jean-Pierre Rosenczveig, Violences non retenues au col-lge, 1 February 2008

[80] Its 40 years since corporal punishment got a generalboot, translated from Saarbrcker Zeitung, 19 June 1987.

[81] Greece State Report, GITEACPOC, November 2006.

[82] Nilanjana Bhowmick (2 May 2009). Why Indias Teach-ers Do Not Spare the Rod. Time (New York).

[83] http://forensicwayout.com/SPIC/tabid/127/Default.aspx

[84] Department code on discipline urged, Irish Times,Dublin, 9 April 1999.

[85] Italy State Report, GITEACPOC.

[86] Many Japanese Teachers Favor Corporal Punishment,Nichi Bei Times, San Francisco, 21 November 1987.

[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 Corpo-ral Punishment Research.

[90] Netherlands State Report, GITEACPOC.

[91] Education Act 1989 - New Zealand Legislation. NewZealand Parliamentary Counsel Oce. Retrieved 2011-01-09.

[92] "202C: Assault with weapon - Crimes Act 1961 No 43as of 18 April 2012 - New Zealand Legislation. Parlia-mentary Counsel Oce (New Zealand). 18 April 2012.Retrieved 11 May 2012.

[93] School in corporal punishment spotlight. Television NewZealand. 18 February 2007. Retrieved 2011-01-09.

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[94] PAKISTAN: Corporal punishment key reason for schooldropouts. IRIN Asia. 18 May 2008.

[95] Philippines State Report, GITEACPOC.

[96]

[97] Newell, Peter (ed.). A Last Resort? Corporal Punishmentin Schools, Penguin, London, 1972, p. 9. ISBN 0-14-080698-9

[98] Article 40th of the Constitution of Poland, 1997, http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm

[99] Speech by Mr Tharman Shanmugaratnam, Acting Minis-ter for Education.

[100] Regulation No 88 under the Schools Regulation Act 1957.

[101] Singapore school handbooks on line at World CorporalPunishment Research.

[102] South African Schools Act, 1996, Chapter 2: Learners,Section 10: Prohibition of corporal punishment

[103] , , 2011.3.23

[104] Spain State Report, GITEACPOC.

[105] Changing concepts of Grammar School teacher authorityin Sweden 1927-1965. Australian Association for Re-search in Education. 1997.

[106] Taiwan corporal punishment banned, BBC News OnLine, London, 29 December 2006.

[107] Legality of corporal punishment in Thailand, End Cor-poral Punishment, February 2009.

[108] Ukraine. DETAILED COUNTRY REPORT. Last up-dated: February 2011.

[109] http://www.khda.gov.ae/pages/en/commonQuestionssch.aspx

[110] http://www.thenational.ae/news/uae-news/education/corporal-punishment-ban-makes-discipline-almost-impossible-say-uae-teachers

[111] http://www.thenational.ae/news/uae-news/education/uae-teacher-banned-after-forcing-child-to-remove-shirt-in-class

[112] ECtHR judgment in case 13134/87

[113] Guide to LEAs Corporal Punishment Regulations in Eng-land and Wales, Society of Teachers Opposed to PhysicalPunishment, Croydon, 1979.

[114] Rise and fall of the belt, Sunday Standard, Glasgow, 28February 1982.

[115] Ahmed, Kamal (27 April 2003). He could talk his wayout of things. The Observer (London).

[116] A 'fth of teachers back caning'". BBC News Online. 3October 2008.

[117] Bloom, Adi (10 October 2008). Survey whips up debateon caning, Times Educational Supplement (London).

[118] C. Farrell (November 2014). Corporal punishment in USschools. World Corporal Punishment Research.

[119] Lyman, Rick (30 September 2006).In Many PublicSchools, the Paddle Is No Relic. The New York Times.

[120] United States - Extracts from State legislation at WorldCorporal Punishment Research.

[121] Iowa statutes, 280.21.

[122] Corporal Punishment and Paddling Statistics by State andRace, Center for Eective Discipline.

[123] School Philosophy & Distinctives, published by BriarwoodChristian School.

[124] Corporal punishment regulations of individual schools orschool districts (external links to present-day school hand-books) at World Corporal Punishment Research.

[125] Bates, Karen Grigsby (October 1998). Spanking: Ablack mothers view. Salon.com.

[126] Horn, I.B.; Joseph, J.G.; Cheng, T.L. (2004).Nonabusive Physical Punishment and Child Be-havior among African-American Children: A SystematicReview. Journal of the National Medical Association,Vol. 96, No. 9. pp. 11621168. ISSN 00279684

[127] Richart, David; Brooks, Kim; Soler, Mark. UnintendedConsequences: The Impact of 'Zero Tolerance' and OtherExclusionary Policies on Kentucky Students, report pre-pared by the National Institute on Children, Youth &Families at Spalding University in Louisville, KY; theChildrens Law Center in Covington, KY; and the YouthLaw Center in Washington, D.C.

[128] Gregory, J.F. (1995). Crime of punishment: Racialand gender disparities in the use of corporal punish-ment in U.S. public schools. Journal of Negro Ed-ucation (Journal of Negro Education) 64 (4): 454462. doi:10.2307/2967267. JSTOR 2967267. Retrieved2008-10-30.

[129] McCarthy, Carolyn (2010). Prepared remarks of UnitedStates Representative Carolyn McCarthy at the 15 April2010 meeting of the Healthy Families and Communi-ties Subcommittee, Committee on Education and Labor,United States House of Representatives.

[130] Garcia v. Miera. United States Court of Appeals, TenthCircuit, 28 April 1987.

[131] Alexander City Schools (2010). Student/Parent Informa-tion Guide and Code of Conduct, 2009-2010 School Year,p. 47.

[132] United States Reports (1977), Vol. 430, page 657.

[133] Vagins, Deborah J. (3 July 2010). An Arcane, Destruc-tive and Still Legal Practice. The Hungton Post.

[134] McCarthy, Carolyn (2010). Congresswoman Carolyn Mc-Carthy Introduces Legislation to End Corporal Punishmentin Schools. 29 June 2010.

[135] H.R. 5628, 111th Congress, 2d Session.

[136] H.R. 1522, 102d Congress, 1st Session.

[137] http://www.stopcorporalpunishment.com/facts.html

13

[138] Prohibition of all corporal punishment in Venezuela(2007)" Global Initiative to End All Corporal Punishmentof Children.

[139] Chapman, Stephen (28 April 1994). Singapores FormOf Punishment Has Its Place In America. Chicago Tri-bune. This year, Illinois has a new law that prohibits pub-lic schools from 'slapping, paddling or prolonged main-tenance of students in painful positions or anything elsecausing 'bodily harm.'

[140] The Ohio ban was signed into law by then-Governor TedStrickland on 17 July 2009, and enforcement of the banbegan on 15 October 2009. Ohio Bans School Corpo-ral Punishment, Center for Eective Discipline, 23 July2009.

[141] (banned by administrative rule R277-608)States BanningCorporal Punishment, Center for Eective Discipline.

14 7 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

7 Text and image sources, contributors, and licenses7.1 Text

School corporal punishment Source: https://en.wikipedia.org/wiki/School_corporal_punishment?oldid=676555794 Contributors:Gabbe, Tedius Zanarukando, WhisperToMe, Timpo, Piotrus, The Land, Reinthal, Rich Farmbrough, TommyBoy, Jheald, Daniel Case,Apokrif, Kelisi, Mandarax, BD2412, Edison, Koavf, SchuminWeb, Bgwhite, Wavelength, Hairy Dude, RussBot, NawlinWiki, ONEderBoy, Htonl, Lcmortensen, Asarelah, Katieh5584, Yvwv, SmackBot, Xaosux, Jprg1966, V1adis1av, COMPFUNK2, John, Bobamnertiop-sis, Bellerophon5685, JamesAM, N5iln, A3RO, Mr pand, Ioeth, GordonFindlay, DuncanHill, Matthew Fennell, Magioladitis, JamesBWat-son, Doug Coldwell, CTF83!, Cooper-42, Fuseau, CommonsDelinker, Abecedare, Nivvedan, Student7, Olegwiki, Steel1943, Kevinkor2,Martin451, Lova Falk, SieBot, Markdask, Breawycker, Flyer22, KathrynLybarger, Ewawer, SuperHamster, Whoosis, Bde1982, John PaulParks, Mountaincedar, Ikzing, Addbot, Fireaxe888, Lightbot, Jarble, Yobot, AnomieBOT, Francodamned, , Rejedef, Foot-ballman010101, Ulric1313, Materialscientist, NirajBhawnani, Citation bot, Zad68, GhalyBot, George Pelltier, Spongefrog, FrescoBot,Academiic, LucienBOT, Tobby72, Sharanya Dutta, Alarics, Theodore J. Sanchez, Citation bot 1, Pinethicket, Almileken, Samuel Salzman,Feuerrabe, Trappist the monk, Ticklewickleukulele, Clarkcj12, Suusion of Yellow, Minimac, Whisky drinker, BjrnBergman, Dewritech,Jef12356, ZroBot, Josve05a, Icarus777, DPS145192, Mar4d, H3llBot, Jaws12345, AManWithNoPlan, Openstrings, Demiurge1000,Greyschoolshorts, MysteriousStrangerintheDark, Nyaayavaadi, DASHBotAV, Madisonwisconsin, Whoop whoop pull up, ClueBot NG,Widr, Helpful Pixie Bot, 13mcrawford, WNYY98, BG19bot, Pdiddyjr, Jobin RV, Mark Arsten, Semper Cognito, Onominous 1203,Oleg-ch, WebTV3, Blurtex33, Mrt3366, IAmGS, Marincam, Professorpollard, TwoTwoHello, Correct political theorist, Frosty, Fox2k11,Telfordbuck, Adrinalina, Lactical, Wizzyhat z, Hendrick 99, Anaanammaa, Justin.Parallax, JaconaFrere, Captain Cornwall, Monkbot,Thain.gouws, Coconutporkpie, Satyam1618, Mattbarberr, Starstarstar123, Xjaybaby and Anonymous: 197

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Geographical scopeArguments for and againstCountry by countryArgentinaAustraliaAustriaBolivia Brazil Burma (Myanmar)CanadaSchool Corporal Punishment Bans in Canadian Provinces

(Peoples Republic of) ChinaCosta RicaCzech RepublicEgyptFranceGermanyGreeceIndiaIrelandItalyJapanMalaysiaNetherlandsNew ZealandNorwayPakistanPhilippinesPolandRussiaSingaporeSouth AfricaSouth KoreaSpainSwedenTaiwanThailandUkraineUnited Arab EmiratesUnited KingdomUnited StatesVenezuela

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