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Spare the rod and spoil the child : should the abolition of corporal punishment be reversed?

Teh, Mui Kim 2010, Spare the rod and spoil the child : should the abolition of corporal punishment be reversed?, in ANZELA 2010 : Proceedings of the 19th Australia and New Zealand Education Law Association Conference 2010, ANZELA, Sydney, N.S.W., pp. 49-60.

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Title Spare the rod and spoil the child : should the abolition of corporal punishment be reversed?
Author(s) Teh, Mui Kim
Conference name Australia and New Zealand Education Law Association. Conference (19th : 2010 : Sydney, New South Wales)
Conference location Sydney, N.S.W.
Conference dates 29 Sep.-1 Oct. 2010
Title of proceedings ANZELA 2010 : Proceedings of the 19th Australia and New Zealand Education Law Association Conference 2010
Editor(s) [Unknown]
Publication date 2010
Conference series Australia and New Zealand Education Law Association Conference
Start page 49
End page 60
Total pages 12
Publisher ANZELA
Place of publication Sydney, N.S.W.
Keyword(s) corporal punishment
European Convention on Human Rights
Summary The classic English case of Williams v Eady (1893) had, for over a century, supported a teacher acting in loco parentis when inflicting punishment on a child, so long as the punishment was reasonable and given in good faith. But in response to the European Convention on Human Rights, which calls for all to respect a child’s right not to be “subject to torture or to inhumane or degrading treatment” (Article 3), many countries have banned the practice of using corporal punishment in schools. This might even include the use of reasonable force to prevent a student from injuring others or causing damage to property if it is seen as a form of discipline or punishment. Schools, therefore, have a difficult task of striking a balance between providing a safe environment for the whole school community and a child’s individual rights. This paper gives an overview of the trends in the United States, Australia, New Zealand, England, Canada and Singapore concerning corporal punishment, and then discusses the implications for employing or banning corporal punishment as a disciplinary strategy. The discussion takes on a brief jurisprudential analysis of this issue: that is, whether, corporal punishment, if carried out reasonably, is seen as a proper form of discipline, ensuring a safe and disciplined environment in which the school community, as a whole, might operate. Is the teaching profession over regulated in the area of physical discipline? If so, would the continuation or reintroduction of corporal punishment make sense, or would it make education an even riskier business?
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category E1.1 Full written paper - refereed
Copyright notice ©2010, ANZELA
Persistent URL http://hdl.handle.net/10536/DRO/DU:30045135

Document type: Conference Paper
Collections: School of Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.