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. Attached Files Name Description MIMEType Size Downloads teh-sparetherod-2010.pdf Published version application/pdf 184.23KB 534 Title Spare the rod and spoil the child : should the abolition of corporal punishment be reversed? Author(s) Teh, Mui Kim orcid.org/0000-0002-4475-8185 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 Free to Read? Yes Persistent URL http://hdl.handle.net/10536/DRO/DU:30045135 Document type: Conference Paper Collections: Faculty of Business and Law Law Open Access Collection   Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. 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. Versions Version Filter Type Mon, 14 May 2012, 09:56:32 EST Thu, 12 Jul 2012, 10:13:26 EST Thu, 12 Jul 2012, 10:14:23 EST Wed, 07 Nov 2012, 13:31:45 EST Tue, 05 Dec 2017, 12:32:37 EST Fri, 07 Sep 2018, 15:56:58 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 808 Abstract Views, 534 File Downloads  -  Detailed Statistics Created: Mon, 14 May 2012, 09:56:32 EST