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Corporal punishment - archaic or reasonable discipline method?

journal contribution
posted on 2012-01-01, 00:00 authored by Kim Teh
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.<br>

History

Location

Newcastle, N.S.W.

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Journal

International journal of law and education

Volume

17

Pagination

73 - 86

ISSN

1836-9030

Issue

1

Publisher

University of Newcastle

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