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Corporal punishment - archaic or reasonable discipline method?

Teh, Mui Kim 2012, Corporal punishment - archaic or reasonable discipline method?, International journal of law and education, vol. 17, no. 1, pp. 73-86.

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Title Corporal punishment - archaic or reasonable discipline method?
Author(s) Teh, Mui Kim
Journal name International journal of law and education
Volume number 17
Issue number 1
Start page 73
End page 86
Total pages 14
Publisher University of Newcastle
Place of publication Newcastle, N.S.W.
Publication date 2012
ISSN 1836-9030
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 Article 3 of the European Convention on Human Rights ('ECHR '), which calls for all to respect a child's right not to be 'subject to torture or to inhumane or degrading treatment', 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 corporal punishment trends in the United States (US), Australia, New Zealand, England, Canada and Singapore, and then looks briefly at the jurisprudence of the courts on this issue. It then discusses the implications for employing or banning corporal punishment as a disciplinary strategy, and in particular whether corporal punishment, if carried out reasonably, could be considered a reasonable form of discipline, ensuring a safe and disciplined environment in which the school community, as a whole, might operate.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 949999 Law, Politics and Community Services not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30048360

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Created: Fri, 07 Sep 2012, 15:40:32 EST by Aysun Alpyurek

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