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

Paper


Teh, Mui-Kim. 2010. "Spare the rod and spoil the child: should the abolition of corporal punishment be reversed?" ANZELA 2010: The Teaching Profession: Over Regulated?. Sydney, Australia 29 Sep - 01 Oct 2010 Sydney, Australia.
Paper/Presentation Title

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

Presentation TypePaper
Authors
AuthorTeh, Mui-Kim
Journal or Proceedings TitleProceedings of the 19th Annual Conference of the Australia and New Zealand Education Law Association (ANZELA 2010)
Number of Pages12
Year2010
Place of PublicationSydney, Australia
Web Address (URL) of Paperhttp://my.plc.nsw.edu.au/file.php/1/ANZELA%202010%20Conference%20Proceedings.pdf?MoodleSession=b7386e14345eb7f84aab7508529d036b
Conference/EventANZELA 2010: The Teaching Profession: Over Regulated?
Event Details
ANZELA 2010: The Teaching Profession: Over Regulated?
Event Date
29 Sep 2010 to end of 01 Oct 2010
Event Location
Sydney, Australia
Abstract

The classic English case 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 regarding 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?

Keywordscorporal punishment; schools; educational regulation; rights; violence
ANZSRC Field of Research 2020390201. Education policy
520102. Educational psychology
390403. Educational administration, management and leadership
Public Notes

No evidence of copyright restrictions.

Byline AffiliationsSchool of Law
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