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: The Teaching Profession: Over Regulated?, 29 Sep-1 Oct 2010, Sydney, Australia.

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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?


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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Additional Information: No evidence of copyright restrictions.
Depositing User: ePrints Administrator
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 08 Nov 2010 12:54
Last Modified: 03 Jul 2013 00:05
Uncontrolled Keywords: corporal punishment; schools; educational regulation; rights; violence
Fields of Research (FOR2008): 16 Studies in Human Society > 1605 Policy and Administration > 160506 Education Policy
17 Psychology and Cognitive Sciences > 1701 Psychology > 170103 Educational Psychology
13 Education > 1303 Specialist Studies in Education > 130304 Educational Administration, Management and Leadership
Socio-Economic Objective (SEO2008): C Society > 93 Education and Training > 9399 Other Education and Training > 939999 Education and Training not elsewhere classified
C Society > 93 Education and Training > 9304 School/Institution > 930403 School/Institution Policies and Development
URI: http://eprints.usq.edu.au/id/eprint/8925

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