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Corporal punishment

A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves.

Physical punishments for crimes or injuries, including floggings, brandings and even mutilations, were practised in most civilizations since ancient times. With the growth of humanitarian ideals since the Enlightenment, such punishments are increasingly viewed as inhumane in the Western society. By the late 20th century, corporal punishment had been eliminated from the legal systems of most developed countries.[1]

In the twenty-first century, the legality of corporal punishment in various settings differs by jurisdiction. Internationally, the late twentieth and early twenty-first centuries saw the application of human rights law to the question of corporal punishment in a number of contexts:

  • Corporal punishment in the home, the punishment of children by parents or other adult guardians, is legal in most of the world. As of 2021, 63 countries, mostly in Europe and Latin America, have banned the practice.[2]
  • School corporal punishment, of students by teachers or school administrators, such as caning or paddling, has been banned in many countries, including Canada, Kenya, South Africa, India, New Zealand and all of Europe. It remains legal, if increasingly less common, in some states of the United States and in some countries in Africa and Southeast Asia.
  • Judicial corporal punishment, such as whipping or caning, as part of a criminal sentence ordered by a court of law, has long disappeared from most European countries.[3] As of 2021, it remains lawful in parts of Africa, Asia the Anglophone Caribbean and indigenous communities in several countries of South America.[3]
  • Prison corporal punishment or disciplinary corporal punishment, ordered by prison authorities or carried out directly by correctional officers against the inmates for misconduct in custody, has long been common practice in penal institutions worldwide. It has officially been banned in most Western civilizations during the 20th century, but is still employed in many other countries today. Punishments such as paddling, foot whipping or different forms of flagellation have been commonplace methods of corporal punishment within prisons. This was also common practice in the Australian penal colonies and prison camps of the Nazi regime in Germany.
  • Military corporal punishment is or was allowed in some settings in a few jurisdictions.

In many Western countries, medical and human rights organizations oppose the corporal punishment of children. Campaigns against corporal punishment have aimed to bring about legal reforms in order to ban the use of corporal punishment against minors in homes and schools.

History

Prehistory

Author Jared Diamond writes that hunter-gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it. Diamond suggests this may be because hunter-gatherers tend to have few valuable physical possessions, and misbehavior of the child would not cause harm to others' property.[4]

Researchers who have lived among the Parakanã and Ju/’hoansi people, as well as some Aboriginal Australians, have written about the absence of the physical punishment of children in those cultures.[5]

Wilson writes:

Probably the only generalization that can be made about the use of physical punishment among primitive tribes is that there was no common procedure [...] Pettit concludes that among primitive societies corporal punishment is rare, not because of the innate kindliness of these people but because it is contrary to developing the type of individual personality they set up as their ideal [...] An important point to be made here is that we cannot state that physical punishment as a motivational or corrective device is 'innate' to man.[6]

Antiquity

 
Birching, Germany, 17th century
 
Depiction of a flogging at Oregon State Penitentiary, 1908

In the Western world, the corporal punishment of children has traditionally been used by adults in authority roles.[7] Beating one's child as a form of punishment is even recommended in the book of Proverbs:

He that spareth the rod, hateth his son; but he that loveth him, chasteneth him betimes. (Proverbs 13:24)

A fool's lips enter into contention, and his mouth calleth for strokes. (Proverbs 18:6)

Chasten thy son while there is hope, and let not thy soul spare for his crying. (Proverbs 19:18)

Foolishness is bound in the heart of a child; but the rod of correction shall drive it from him. (Proverbs 22:15)

Withhold not correction from the child; for if thou beatest him with a rod, thou shalt deliver his soul from hell. (Proverbs 23:13–14)[8]

Robert McCole Wilson argues that, "Probably this attitude comes, at least in part, from the desire in the patriarchal society for the elder to maintain his authority, where that authority was the main agent for social stability. But these are the words that not only justified the use of physical punishment on children for over a thousand years in Christian communities, but ordered it to be used. The words were accepted with but few exceptions; it is only in the last two hundred years that there has been a growing body of opinion that differed. Curiously, the gentleness of Christ towards children (Mark, X) was usually ignored".[9]

 
Foot whipping an offender, Persia, 1910s

Corporal punishment was practiced in Egypt, China, Greece, and Rome in order to maintain judicial and educational discipline.[10] Disfigured Egyptian criminals were exiled to Tjaru and Rhinocorura on the Sinai border, a region whose name meant "cut-off noses." Corporal punishment was prescribed in ancient Israel, but it was limited to 40 lashes.[11] In China, some criminals were also disfigured but other criminals were tattooed. Some states gained a reputation for their cruel use of such punishments; Sparta, in particular, used them as part of a disciplinary regime which was designed to increase willpower and physical strength.[12] Although the Spartan example was extreme, corporal punishment was possibly the most frequent type of punishment. In the Roman Empire, the maximum penalty which a Roman citizen could receive under the law was 40 "lashes" or 40 "strokes" with a whip which was applied to the back and shoulders, or 40 lashes or strokes with the "fasces" (similar to a birch rod, but consisting of 8–10 lengths of willow rather than birch) which were applied to the buttocks. Such punishments could draw blood, and they were frequently inflicted in public.

Quintilian (c. 35 – c. 100) voiced some opposition to the use of corporal punishment. According to Wilson, "probably no more lucid indictment of it has been made in the succeeding two thousand years".[12]

By that boys should suffer corporal punishment, though it is received by custom, and Chrysippus makes no objection to it, I by no means approve; first, because it is a disgrace, and a punishment fit for slaves, and in reality (as will be evident if you imagine the age change) an affront; secondly, because, if a boy's disposition be so abject as not to be amended by reproof, he will be hardened, like the worst of slaves, even to stripes; and lastly, because, if one who regularly exacts his tasks be with him, there will not be the need of any chastisement (Quintilian, Institutes of Oratory, 1856 edition, I, III).[12]

Plutarch, also in the first century, writes:

This also I assert, that children ought to be led to honourable practices by means of encouragement and reasoning, and most certainly not by blows or ill-treatment, for it surely is agreed that these are fitting rather for slaves than for the free-born; for so they grow numb and shudder at their tasks, partly from the pain of the blows, partly from the degradation.[13]

 
Birching on the buttocks

Middle Ages

In Medieval Europe, the Byzantine Empire blinded and denosed some criminals and rival emperors. Their belief that the emperor should be physically ideal meant that such disfigurement notionally disqualified the recipient from office. (The second reign of Justinian the Slit-nosed was the notable exception.) Elsewhere, corporal punishment was encouraged by the attitudes of the Catholic church towards the human body, flagellation being a common means of self-discipline. This had an influence on the use of corporal punishment in schools, as educational establishments were closely attached to the church during this period. Nevertheless, corporal punishment was not used uncritically; as early as the 11th century Saint Anselm, Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children.[14]

Modernity

From the 16th century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly turned into public spectacles, with public beatings of criminals intended as a deterrent to other would-be offenders. Meanwhile, early writers on education, such as Roger Ascham, complained of the arbitrary manner in which children were punished.[15]

Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783, the first country in the world to do so.[16]

 
Corporal punishment in a women's prison in the United States (ca. 1890)
 
Batog, corporal punishment in the Russian Empire
 
Husaga (the right of the master of the household to corporally punish his servants) was outlawed in Sweden for adults in 1858.

A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America. In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment. For instance, in Britain, popular opposition to punishment was encouraged by two significant cases, the death of Private Frederick John White, who died after a military flogging in 1846,[17] and the death of Reginald Cancellor, killed by his schoolmaster in 1860.[18] Events such as these mobilised public opinion and, by the late nineteenth century, the extent of corporal punishment's use in state schools was unpopular with many parents in England.[19] Authorities in Britain and some other countries introduced more detailed rules for the infliction of corporal punishment in government institutions such as schools, prisons and reformatories. By the First World War, parents' complaints about disciplinary excesses in England had died down, and corporal punishment was established as an expected form of school discipline.[19]

In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife".[20] In the UK, the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891.[21][22] See Domestic violence for more information.

In the United Kingdom, the use of judicial corporal punishment declined during the first half of the twentieth century and it was abolished altogether in the Criminal Justice Act, 1948 (zi & z2 GEo. 6. CH. 58.), whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases,[23] while most other European countries had abolished it earlier. Meanwhile, in many schools, the use of the cane, paddle or tawse remained commonplace in the UK and the United States until the 1980s. In rural areas of the Southern United States, and in several other countries, it still is: see School corporal punishment.

International treaties

Human rights

Key developments related to corporal punishment occurred in the late 20th century. Years with particular significance to the prohibition of corporal punishment are emphasised.

Children's rights

The notion of children’s rights in the Western world developed in the 20th century, but the issue of corporal punishment was not addressed generally before mid-century. Years with particular significance to the prohibition of corporal punishment of children are emphasised.

  • 1923: Children's Rights Proclamation by Save the Children founder. (5 articles).
    • 1924 Adopted as the World Child Welfare Charter, League of Nations (non-enforceable).
  • 1959: Declaration of the Rights of the Child, (UN) (10 articles; non-binding).
  • 1989: Convention on the Rights of the Child, UN (54 articles; binding treaty), with currently 193 parties and 140 signatories.[33] Article 19.1: "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation . . . ."
  • 2006: Study on Violence against Children presented by Independent Expert for the Secretary-General to the UN General Assembly.[36]
  • 2007: Post of Special Representative of the Secretary-General on violence against children established.[37]

Modern use

 
Laws on corporal punishments in the world
  Prohibited altogether
  Prohibited in schools
  Not prohibited in schools nor in a home, but prohibited in at least one setting
  Not prohibited at any setting
  Depends on state (USA)
 
School corporal punishment in the United States

Corporal punishment of minors in the United States

  Corporal punishment prohibited in public schools
  Corporal punishment not prohibited in public schools
 
Legality of corporal punishment of minors in Europe
  Corporal punishment banned altogether
  Corporal punishment banned in schools only
  Corporal punishment not prohibited in schools or in the home

Legal status

66 countries, most of them in Europe and Latin America, have prohibited any corporal punishment of children.

The earliest recorded attempt to prohibit corporal punishment of children by a state dates back to Poland in 1783.[38]: 31–2  However, its prohibition in all spheres of life – in homes, schools, the penal system and alternative care settings – occurred first in 1966 in Sweden. The 1979 Swedish Parental Code reads: "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment."[38]: 32 

As of 2021, corporal punishment of children by parents (or other adults) is outlawed altogether in 63 nations (including the partially recognized Republic of Kosovo) and 3 constituent nations.[2]

Countries that have completely prohibited corporal punishment of children:[2]
Country Year
  Sweden 1979
  Finland 1983
  Norway 1987
  Austria 1989
  Cyprus 1994
  Denmark 1997
  Poland 1997
  Latvia 1998
  Germany 1998
  Croatia 1999
  Bulgaria 2000
  Israel 2000
  Turkmenistan 2002
  Iceland 2003
  Ukraine 2004
  Romania 2004
  Hungary 2005
  Greece 2006
  New Zealand 2007
  Netherlands 2007
  Portugal 2007
  Uruguay 2007
  Venezuela 2007
  Spain 2007
  Togo 2007
  Costa Rica 2008
  Moldova 2008
  Luxembourg 2008
  Liechtenstein 2008
  India 2009
  Tunisia 2010
  Kenya 2010
  Congo, Republic of 2010
  Albania 2010
  South Sudan 2011
  North Macedonia 2013
  Cabo Verde 2013
  Honduras 2013
  Malta 2014
  Brazil 2014
  Bolivia 2014
  Argentina 2014
  San Marino 2014
  Nicaragua 2014
  Estonia 2014
  Andorra 2014
  Benin 2015
  Ireland 2015
  Peru 2015
  Mongolia 2016
  Montenegro 2016
  Paraguay 2016
  Aruba 2016[39]
  Slovenia 2016
  Lithuania 2017
    Nepal 2018
  Kosovo 2019
  France 2019
  South Africa 2019
  Jersey 2019
  Georgia 2020
  Japan 2020
  Seychelles 2020
  Scotland 2020
  Guinea 2021
  Colombia 2021
  South Korea 2021
  Wales 2022
  Zambia 2022

For a more detailed overview of the global use and prohibition of the corporal punishment of children, see the following table.

Summary of the number of countries prohibiting corporal punishment of children[2]
Home Schools Penal system Alternative care settings
As sentence for crime As disciplinary measure
Prohibited 67 130 156 117 39
Not prohibited 131 68 41 77 159
Legality unknown 1 4

Corporal punishment in the home

An overview of the Abolition of Defence of Reasonable Punishment Act 2020, which ends the physical punishment of children everywhere in Wales, including the home.

Domestic corporal punishment (i.e. the punishment of children by their parents) is often referred to colloquially as "spanking", "smacking", or "slapping".

It has been outlawed in an increasing number of countries, starting with Sweden in 1979.[40][2] In some other countries, corporal punishment is legal, but restricted (e.g. blows to the head are outlawed, implements may not be used, only children within a certain age range may be spanked).

In all states of the United States and most African and Asian nations, corporal punishment by parents is legal. It is also legal to use certain implements (e.g. a belt or a paddle).

In Canada, spanking by parents or legal guardians (but nobody else) is legal, with certain restrictions: the child must be between the ages of 2–12, and no implement other than an open, bare hand may be used (belts, paddles, etc. are prohibited). It is also illegal to strike the head when disciplining a child.[41][42]

In the UK (except Scotland and Wales), spanking or smacking is legal, but it must not cause an injury amounting to actual bodily harm (any injury such as visible bruising, breaking of the whole skin, etc.). In addition, in Scotland, since October 2003, it has been illegal to use any implements or to strike the head when disciplining a child, and it is also prohibited to use corporal punishment towards children under the age of 3 years. In 2019, Scotland enacted a ban on corporal punishment, which went into effect in 2020. Wales also enacted a ban in 2020, which has gone into effect in 2022.[43]

In Pakistan, Section 89 of Pakistan Penal Code allows corporal punishment.[44]

Corporal punishment in schools

Corporal punishment in schools has been outlawed in many countries. It often involves striking the student on the buttocks or the palm of the hand with an implement (e.g. a rattan cane or a spanking paddle).

In countries where corporal punishment is still allowed in schools, there may be restrictions; for example, school caning in Singapore and Malaysia is, in theory, permitted for boys only.

In India and many other countries, corporal punishment has technically been abolished by law. However, corporal punishment continues to be practiced on boys and girls in many schools around the world. Cultural perceptions of corporal punishment have rarely been studied and researched. One study carried out discusses how corporal punishment is perceived among parents and students in India.[45]

Medical professionals have urged putting an end to the practice, noting the danger of injury to children's hands especially.[46]

Judicial or quasi-judicial punishment

 
  Countries with judicial corporal punishment
 
A member of the Taliban's religious police beating an Afghan woman in Kabul on 26 August 2001

Around 33 countries in the world still retain judicial corporal punishment, including a number of former British territories such as Botswana, Malaysia, Singapore and Tanzania. In Singapore, for certain specified offences, males are routinely sentenced to caning in addition to a prison term. The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P. Fay received four strokes of the cane for vandalism. Judicial caning and whipping are also used in Aceh Province in Indonesia.[47]

A number of other countries with an Islamic legal system, such as Saudi Arabia, UAE, Qatar, Iran, Brunei, Sudan, and some northern states in Nigeria, employ judicial whipping for a range of offences. In April 2020, the Saudi Supreme Court ended the flogging punishment from its court system, and replaced it with jail time or fines.[48] As of 2009, some regions of Pakistan are experiencing a breakdown of law and government, leading to a reintroduction of corporal punishment by ad hoc Islamicist courts.[49] As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation.[50][51][52] However, the term "corporal punishment" has since the 19th century usually meant caning, flagellation or bastinado rather than those other types of physical penalty.[53][54][55][56][57][58][59]

In some countries, foot whipping (bastinado) is still practiced on prisoners.[60]

Rituals

In parts of England, boys were once beaten under the old tradition of "Beating the Bounds" whereby a boy was paraded around the edge of a city or parish and spanked with a switch or cane to mark the boundary.[61] One famous "Beating the Bounds" took place around the boundary of St Giles and the area where Tottenham Court Road now stands in central London. The actual stone that marked the boundary is now underneath the Centre Point office tower.[62]

In the Czech Republic, Slovakia, and some parts of Hungary, a tradition for health and fertility is carried out on Easter Monday. Boys and young men will spank or whip girls and young women on the bottom with braided willow branches. After the man sings the verse, the young woman turns around and the man takes a few whacks at her backside with the whip. [63][64]

In popular culture

 
The Flagellation, by Piero della Francesca.

Art

Film and TV

See: List of films and TV containing corporal punishment scenes.

See also

References

  1. ^ "Corporal punishment". Encyclopædia Britannica. 9 November 2014.
  2. ^ a b c d e "States which have prohibited all corporal punishment". www.endcorporalpunishment.org. Global Initiative to End All Corporal Punishment of Children.
  3. ^ a b "Progress". Global Partnership to End Violence Against Children. 2021.
  4. ^ Diamond, Jared (2013). The World Until Yesterday. Viking. Ch. 5. ISBN 978-1-101-60600-1.
  5. ^ Gray, Peter (2009). "Play as a Foundation for Hunter-Gatherer Social Existence". American Journal of Play. 1 (4): 476–522.
  6. ^ Wilson (1971), 2.1.
  7. ^ Rich, John M. (December 1989). "The Use of Corporal Punishment". The Clearing House, Vol. 63, No. 4, pp. 149–152.
  8. ^ Wilson, Robert M. (1971). A Study of Attitudes Towards Corporal Punishment as an Educational Procedure From the Earliest Times to the Present (Thesis). University of Victoria. 2.3. OCLC 15767752.
  9. ^ Wilson (1971), 2.3.
  10. ^ Wilson (1971), 2.3–2.6.
  11. ^ Deuteronomy 25:1-3
  12. ^ a b c Wilson (1971), 2.5.
  13. ^ Plutarch, Moralia. The Education of Children, Loeb Classical Library. Harvard University Press, 1927.
  14. ^ Wicksteed, Joseph H. The Challenge of Childhood: An Essay on Nature and Education, Chapman & Hall, London, 1936, pp. 34–35. OCLC 3085780
  15. ^ Ascham, Roger. The scholemaster, John Daye, London, 1571, p. 1. Republished by Constable, London, 1927. OCLC 10463182
  16. ^ Newell, Peter (ed.). A Last Resort? Corporal Punishment in Schools, Penguin, London, 1972, p. 9 ISBN 0140806989
  17. ^ Barretts, C.R.B. The History of The 7th Queen's Own Hussars Vol. II 3 October 2011 at the Wayback Machine.
  18. ^ Middleton, Jacob (2005). "Thomas Hopley and mid-Victorian attitudes to corporal punishment". History of Education.
  19. ^ a b Middleton, Jacob (November 2012). "Spare the Rod". History Today (London).
  20. ^ Calvert, R. "Criminal and civil liability in husband-wife assaults", in Violence in the family (Suzanne K. Steinmetz and Murray A. Straus, eds.), Harper & Row, New York, 1974. ISBN 0-396-06864-2
  21. ^ R. v Jackson 7 September 2014 at the Wayback Machine, [1891] 1 QB 671, abstracted at LawTeacher.net.
  22. ^ Chisholm, Hugh, ed. (1911). "Corporal Punishment" . Encyclopædia Britannica. Vol. 7 (11th ed.). Cambridge University Press. pp. 189–190.
  23. ^ Criminal Justice Act, 1948 zi & z2 GEo. 6. CH. 58., pp. 54–55.
  24. ^ This applies to the 47 members of the Council of Europe, an entirely separate body from the European Union, which has only 28 member states.
  25. ^ Global Initiative to End All Corporal Punishment of Children (2012). Retrieved 1 May 2012. "Key Judgements." The ruling concerned the Isle of Man, a UK Crown Dependency.
  26. ^ UN (2012) "4 . International Covenant on Civil and Political Rights 1 September 2010 at the Wayback Machine," United Nations Treaty Collection. Retrieved 1 May 2012.
  27. ^ UN Human Rights Committee (1992) "General Comment No. 20". HRI/GEN/1/Rev.4.: p. 108
  28. ^ UN (2012) "9 . Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 8 November 2010 at the Wayback Machine. United Nations Treaty Collection. Retrieved 1 May 2012.
  29. ^ UN (1996) General Assembly Official Records, Fiftieth Session, A/50/44, 1995: par. 177, and A/51/44, 1996: par. 65(i).
  30. ^ UN (2012). 3. International Covenant on Economic, Social and Cultural Rights. 17 September 2012 at the Wayback Machine United Nations Treaty Collection. Retrieved 1 May 2012.
  31. ^ UN Committee on Economic, Social and Cultural Rights (1999) "General Comment on 'The Right to Education'," HRI/GEN/1/Rev.4: 73.
  32. ^ European Committee of Social Rights 2001. "Conclusions XV – 2," Vol. 1.
  33. ^ UN (2012). 11. Convention on the Rights of the Child 11 February 2014 at the Wayback Machine. United Nations Treaty Collection. Retrieved 1 May 2012.
  34. ^ UN Committee on the Rights of the Child (2006) "General Comment No. 8:" par. 3. However, Article 19 of the Convention makes no reference to corporal punishment, and the Committee's interpretation on this point has been explicitly rejected by several States Party to the Convention, including Australia, Canada and the United Kingdom.
  35. ^ UN OHCHR (2012). Committee on the Rights of the Child. Office of the United Nations High Commissioner for Human Rights. Retrieved 1 May 2012.
  36. ^ UN (2006) "Study on Violence against Children presented by Independent Expert for the Secretary-General". United Nations, A/61/299. See further: UN (2012e). Special Representative of the Secretary-General on Violence against Children 8 March 2022 at the Wayback Machine. Retrieved 1 May 2012.
  37. ^ UN (2007) United Nations General Assembly, A/RES/62/141. The United States was the only country to vote against. There were no abstentions.
  38. ^ a b (PDF). Strasbourg: Council of Europe. 2007. ISBN 978-9-287-16310-3. Archived from the original (PDF) on 9 August 2014.
  39. ^ . Archived from the original on 6 March 2018. Retrieved 6 March 2018.
  40. ^ Durrant, Joan E. (1996). "The Swedish Ban on Corporal Punishment: Its History and Effects". In Frehsee, Detlev; et al. (eds.). Family Violence Against Children: A Challenge for Society. Berlin: Walter de Gruyter. pp. 19–25. ISBN 3-11-014996-6.
  41. ^ "To spank or not to spank?". CBC News. 31 July 2009. Retrieved 17 September 2012.
  42. ^ Barnett, Laura. . Parliament of Canada. Archived from the original on 16 October 2012. Retrieved 17 September 2012.
  43. ^ "Wales introduces ban on smacking and slapping children". The Guardian. London. 21 March 2022. Retrieved 21 March 2022.
  44. ^ Wajeeh, Ul Hassan. "Pakistan Penal Code (Act XLV of 1860)". Retrieved 8 February 2017.
  45. ^ Ghosh, Arijit; Pasupathi, Madhumathi (18 August 2016). "Perceptions of Students and Parents on the Use of Corporal Punishment at Schools in India" (PDF). Rupkatha Journal on Interdisciplinary Studies in Humanities. 8 (3): 269–280. doi:10.21659/rupkatha.v8n3.28.
  46. ^ "Corporal Punishment to Children's Hands", A Statement by Medical Authorities as to the Risks, January 2002.
  47. ^ McKirdy, Euan (14 July 2018). "Gay men, adulterers publicly flogged in Aceh, Indonesia". CNN. Retrieved 15 July 2018.
  48. ^ "Saudi Arabia to end flogging as form of punishment - document". Reuters. 24 April 2020. Retrieved 25 April 2020.
  49. ^ Walsh, Declan. "Video of girl's flogging as Taliban hand out justice", The Guardian, London, 2 April 2009.
  50. ^ Campaign against the Arms Trade, Evidence to the House of Commons Select Committee on Foreign Affairs, London, January 2005.
  51. ^ "Lashing Justice", Editorial, The New York Times, 3 December 2007.
  52. ^ "Saudi Arabia: Court Orders Eye to Be Gouged Out", Human Rights Watch, 8 December 2005.
  53. ^ Oxford English Dictionary, 2nd edition, 1989, "corporal punishment: punishment inflicted on the body; originally including death, mutilation, branding, bodily confinement, irons, the pillory, etc. (as opposed to a fine or punishment in estate or rank). In 19th c. usually confined to flogging or similar infliction of bodily pain."
  54. ^ "Physical punishment such as caning or flogging" – Concise Oxford Dictionary.
  55. ^ "... inflicted on the body, esp. by beating." – Oxford American Dictionary of Current English.
  56. ^ "mostly a euphemism for the enforcement of discipline by applying canes, whips or birches to the buttocks." – Charles Arnold-Baker, The Companion to British History, Routledge, 2001.
  57. ^ "Physical punishment such as beating or caning" – Chambers 21st Century Dictionary.
  58. ^ "Punishment of a physical nature, such as caning, flogging, or beating." – Collins English Dictionary.
  59. ^ "the striking of somebody's body as punishment" – Encarta World English Dictionary, MSN. 31 October 2009.
  60. ^ "Confirming Torture: The Use of Imaging in Victims of Falanga". Forensic Magazine. 6 August 2014. Retrieved 6 April 2017.
  61. ^ "Mayor may axe child spanking rite", BBC News Online, 21 September 2004.
  62. ^ Ackroyd, Peter. London: The Biography, Chatto & Windus, London, 2000. ISBN 1-85619-716-6
  63. ^ babastudio. "Whipping away infertility at Easter". Bohemian Magic. Retrieved 18 November 2019.
  64. ^ Prucha, Emily (31 March 2012). "What's Easter without a Whipping?". InCultureParent. Retrieved 18 November 2019.
  65. ^ [1]| Reynolda House Museum of American Art

Further reading

  • Barathan, Gopal; The Caning of Michael Fay, (1995). A contemporary account of an American teenager ( Michael P. Fay ) caned for vandalism in Singapore.
  • Gates, Jay Paul and Marafioti, Nicole; (eds.), Capital and Corporal Punishment in Anglo-Saxon England, (2014). Woodbridge: Boydell & Brewer.
  • Moskos, Peter; In Defence of Flogging, (2011). An argument that flogging might be better than jail time.
  • Scott, George; A History of Corporal Punishment, (1996).

External links

  • "Spanking" 4 January 2011 at the Wayback Machine (Ontario Consultants on Religious Tolerance)
  • World Corporal Punishment Research
  • Global Initiative to End All Corporal Punishment of Children

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Not to be confused with Capital punishment This article is about the infliction of bodily pain as a form of punishment For other uses see Corporal punishment disambiguation A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person When it is inflicted on minors especially in home and school settings its methods may include spanking or paddling When it is inflicted on adults it may be inflicted on prisoners and slaves Physical punishments for crimes or injuries including floggings brandings and even mutilations were practised in most civilizations since ancient times With the growth of humanitarian ideals since the Enlightenment such punishments are increasingly viewed as inhumane in the Western society By the late 20th century corporal punishment had been eliminated from the legal systems of most developed countries 1 In the twenty first century the legality of corporal punishment in various settings differs by jurisdiction Internationally the late twentieth and early twenty first centuries saw the application of human rights law to the question of corporal punishment in a number of contexts Corporal punishment in the home the punishment of children by parents or other adult guardians is legal in most of the world As of 2021 63 countries mostly in Europe and Latin America have banned the practice 2 School corporal punishment of students by teachers or school administrators such as caning or paddling has been banned in many countries including Canada Kenya South Africa India New Zealand and all of Europe It remains legal if increasingly less common in some states of the United States and in some countries in Africa and Southeast Asia Judicial corporal punishment such as whipping or caning as part of a criminal sentence ordered by a court of law has long disappeared from most European countries 3 As of 2021 it remains lawful in parts of Africa Asia the Anglophone Caribbean and indigenous communities in several countries of South America 3 Prison corporal punishment or disciplinary corporal punishment ordered by prison authorities or carried out directly by correctional officers against the inmates for misconduct in custody has long been common practice in penal institutions worldwide It has officially been banned in most Western civilizations during the 20th century but is still employed in many other countries today Punishments such as paddling foot whipping or different forms of flagellation have been commonplace methods of corporal punishment within prisons This was also common practice in the Australian penal colonies and prison camps of the Nazi regime in Germany Military corporal punishment is or was allowed in some settings in a few jurisdictions In many Western countries medical and human rights organizations oppose the corporal punishment of children Campaigns against corporal punishment have aimed to bring about legal reforms in order to ban the use of corporal punishment against minors in homes and schools Contents 1 History 1 1 Prehistory 1 2 Antiquity 1 3 Middle Ages 1 4 Modernity 2 International treaties 2 1 Human rights 2 2 Children s rights 3 Modern use 3 1 Legal status 3 2 Corporal punishment in the home 3 3 Corporal punishment in schools 3 4 Judicial or quasi judicial punishment 4 Rituals 5 In popular culture 6 See also 7 References 8 Further reading 9 External linksHistory EditPrehistory Edit Author Jared Diamond writes that hunter gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it Diamond suggests this may be because hunter gatherers tend to have few valuable physical possessions and misbehavior of the child would not cause harm to others property 4 Researchers who have lived among the Parakana and Ju hoansi people as well as some Aboriginal Australians have written about the absence of the physical punishment of children in those cultures 5 Wilson writes Probably the only generalization that can be made about the use of physical punishment among primitive tribes is that there was no common procedure Pettit concludes that among primitive societies corporal punishment is rare not because of the innate kindliness of these people but because it is contrary to developing the type of individual personality they set up as their ideal An important point to be made here is that we cannot state that physical punishment as a motivational or corrective device is innate to man 6 Antiquity Edit Birching Germany 17th century Depiction of a flogging at Oregon State Penitentiary 1908 In the Western world the corporal punishment of children has traditionally been used by adults in authority roles 7 Beating one s child as a form of punishment is even recommended in the book of Proverbs He that spareth the rod hateth his son but he that loveth him chasteneth him betimes Proverbs 13 24 A fool s lips enter into contention and his mouth calleth for strokes Proverbs 18 6 Chasten thy son while there is hope and let not thy soul spare for his crying Proverbs 19 18 Foolishness is bound in the heart of a child but the rod of correction shall drive it from him Proverbs 22 15 Withhold not correction from the child for if thou beatest him with a rod thou shalt deliver his soul from hell Proverbs 23 13 14 8 Robert McCole Wilson argues that Probably this attitude comes at least in part from the desire in the patriarchal society for the elder to maintain his authority where that authority was the main agent for social stability But these are the words that not only justified the use of physical punishment on children for over a thousand years in Christian communities but ordered it to be used The words were accepted with but few exceptions it is only in the last two hundred years that there has been a growing body of opinion that differed Curiously the gentleness of Christ towards children Mark X was usually ignored 9 Foot whipping an offender Persia 1910s Corporal punishment was practiced in Egypt China Greece and Rome in order to maintain judicial and educational discipline 10 Disfigured Egyptian criminals were exiled to Tjaru and Rhinocorura on the Sinai border a region whose name meant cut off noses Corporal punishment was prescribed in ancient Israel but it was limited to 40 lashes 11 In China some criminals were also disfigured but other criminals were tattooed Some states gained a reputation for their cruel use of such punishments Sparta in particular used them as part of a disciplinary regime which was designed to increase willpower and physical strength 12 Although the Spartan example was extreme corporal punishment was possibly the most frequent type of punishment In the Roman Empire the maximum penalty which a Roman citizen could receive under the law was 40 lashes or 40 strokes with a whip which was applied to the back and shoulders or 40 lashes or strokes with the fasces similar to a birch rod but consisting of 8 10 lengths of willow rather than birch which were applied to the buttocks Such punishments could draw blood and they were frequently inflicted in public Quintilian c 35 c 100 voiced some opposition to the use of corporal punishment According to Wilson probably no more lucid indictment of it has been made in the succeeding two thousand years 12 By that boys should suffer corporal punishment though it is received by custom and Chrysippus makes no objection to it I by no means approve first because it is a disgrace and a punishment fit for slaves and in reality as will be evident if you imagine the age change an affront secondly because if a boy s disposition be so abject as not to be amended by reproof he will be hardened like the worst of slaves even to stripes and lastly because if one who regularly exacts his tasks be with him there will not be the need of any chastisement Quintilian Institutes of Oratory 1856 edition I III 12 Plutarch also in the first century writes This also I assert that children ought to be led to honourable practices by means of encouragement and reasoning and most certainly not by blows or ill treatment for it surely is agreed that these are fitting rather for slaves than for the free born for so they grow numb and shudder at their tasks partly from the pain of the blows partly from the degradation 13 Birching on the buttocks Middle Ages Edit In Medieval Europe the Byzantine Empire blinded and denosed some criminals and rival emperors Their belief that the emperor should be physically ideal meant that such disfigurement notionally disqualified the recipient from office The second reign of Justinian the Slit nosed was the notable exception Elsewhere corporal punishment was encouraged by the attitudes of the Catholic church towards the human body flagellation being a common means of self discipline This had an influence on the use of corporal punishment in schools as educational establishments were closely attached to the church during this period Nevertheless corporal punishment was not used uncritically as early as the 11th century Saint Anselm Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children 14 Modernity Edit From the 16th century onwards new trends were seen in corporal punishment Judicial punishments were increasingly turned into public spectacles with public beatings of criminals intended as a deterrent to other would be offenders Meanwhile early writers on education such as Roger Ascham complained of the arbitrary manner in which children were punished 15 Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education Locke s work was highly influential and may have helped influence Polish legislators to ban corporal punishment from Poland s schools in 1783 the first country in the world to do so 16 Corporal punishment in a women s prison in the United States ca 1890 Batog corporal punishment in the Russian Empire Husaga the right of the master of the household to corporally punish his servants was outlawed in Sweden for adults in 1858 A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment For instance in Britain popular opposition to punishment was encouraged by two significant cases the death of Private Frederick John White who died after a military flogging in 1846 17 and the death of Reginald Cancellor killed by his schoolmaster in 1860 18 Events such as these mobilised public opinion and by the late nineteenth century the extent of corporal punishment s use in state schools was unpopular with many parents in England 19 Authorities in Britain and some other countries introduced more detailed rules for the infliction of corporal punishment in government institutions such as schools prisons and reformatories By the First World War parents complaints about disciplinary excesses in England had died down and corporal punishment was established as an expected form of school discipline 19 In the 1870s courts in the United States overruled the common law principle that a husband had the right to physically chastise an errant wife 20 In the UK the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her within the bounds of duty was similarly removed in 1891 21 22 See Domestic violence for more information In the United Kingdom the use of judicial corporal punishment declined during the first half of the twentieth century and it was abolished altogether in the Criminal Justice Act 1948 zi amp z2 GEo 6 CH 58 whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases 23 while most other European countries had abolished it earlier Meanwhile in many schools the use of the cane paddle or tawse remained commonplace in the UK and the United States until the 1980s In rural areas of the Southern United States and in several other countries it still is see School corporal punishment International treaties EditHuman rights Edit Key developments related to corporal punishment occurred in the late 20th century Years with particular significance to the prohibition of corporal punishment are emphasised 1950 European Convention of Human Rights Council of Europe 24 Article 3 bans inhuman or degrading treatment or punishment 1978 European Court of Human Rights overseeing its implementation rules that judicial birching of a juvenile breaches Article 3 25 1985 Standard Minimum Rules for the Administration of Juvenile Justice or Beijing Rules United Nations UN Rule 17 3 Juveniles shall not be subject to corporal punishment 1990 Supplement Rules for the Protection of Juveniles Deprived of their Liberty Rule 67 all disciplinary measures constituting cruel inhumane or degrading treatment shall be strictly prohibited including corporal punishment 1990 Guidelines for the Prevention of Juvenile Delinquency the Riyadh Guidelines UN Paragraph 21 h education systems should avoid harsh disciplinary measures particularly corporal punishment 1966 International Covenant on Civil and Political Rights UN with currently 167 parties 74 signatories 26 Article 7 No one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment 1992 Human Rights Committee overseeing its implementation comments the prohibition must extend to corporal punishment in this regard article 7 protects in particular children 27 1984 Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment UN with currently 150 parties and 78 signatories 28 1996 Committee Against Torture overseeing its implementation condemns corporal punishment 29 1966 International Covenant on Economic Social and Cultural Rights UN with currently 160 parties and 70 signatories 30 Article 13 1 education shall be directed to the full development of the human personality and the sense of its dignity 1999 Committee on Economic Social and Cultural Rights overseeing its implementation comments corporal punishment is inconsistent with the fundamental guiding principle of international human rights law the dignity of the individual 31 1961 European Social Charter Council of Europe 2001 European Committee of Social Rights overseeing its implementation concludes it is not acceptable that a society which prohibits any form of physical violence between adults would accept that adults subject children to physical violence 32 Children s rights Edit The notion of children s rights in the Western world developed in the 20th century but the issue of corporal punishment was not addressed generally before mid century Years with particular significance to the prohibition of corporal punishment of children are emphasised 1923 Children s Rights Proclamation by Save the Children founder 5 articles 1924 Adopted as the World Child Welfare Charter League of Nations non enforceable 1959 Declaration of the Rights of the Child UN 10 articles non binding 1989 Convention on the Rights of the Child UN 54 articles binding treaty with currently 193 parties and 140 signatories 33 Article 19 1 States Parties shall take all appropriate legislative administrative social and educational measures to protect the child from all forms of physical or mental violence injury or abuse neglect or negligent treatment maltreatment or exploitation 2006 Committee on the Rights of the Child overseeing its implementation comments there is an obligation of all States Party to move quickly to prohibit and eliminate all corporal punishment 34 2011 Optional Protocol on a Communications Procedure allowing individual children to submit complaints regarding specific violations of their rights 35 2006 Study on Violence against Children presented by Independent Expert for the Secretary General to the UN General Assembly 36 2007 Post of Special Representative of the Secretary General on violence against children established 37 Modern use EditMain articles School corporal punishment Judicial corporal punishment and Corporal punishment in the home Laws on corporal punishments in the world Prohibited altogether Prohibited in schools Not prohibited in schools nor in a home but prohibited in at least one setting Not prohibited at any setting Depends on state USA School corporal punishment in the United StatesCorporal punishment of minors in the United States Corporal punishment prohibited in public schools Corporal punishment not prohibited in public schools Legality of corporal punishment of minors in Europe Corporal punishment banned altogether Corporal punishment banned in schools only Corporal punishment not prohibited in schools or in the home Legal status Edit See also Child corporal punishment laws 66 countries most of them in Europe and Latin America have prohibited any corporal punishment of children The earliest recorded attempt to prohibit corporal punishment of children by a state dates back to Poland in 1783 38 31 2 However its prohibition in all spheres of life in homes schools the penal system and alternative care settings occurred first in 1966 in Sweden The 1979 Swedish Parental Code reads Children are entitled to care security and a good upbringing Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment 38 32 As of 2021 update corporal punishment of children by parents or other adults is outlawed altogether in 63 nations including the partially recognized Republic of Kosovo and 3 constituent nations 2 Countries that have completely prohibited corporal punishment of children 2 Country Year Sweden 1979 Finland 1983 Norway 1987 Austria 1989 Cyprus 1994 Denmark 1997 Poland 1997 Latvia 1998 Germany 1998 Croatia 1999 Bulgaria 2000 Israel 2000 Turkmenistan 2002 Iceland 2003 Ukraine 2004 Romania 2004 Hungary 2005 Greece 2006 New Zealand 2007 Netherlands 2007 Portugal 2007 Uruguay 2007 Venezuela 2007 Spain 2007 Togo 2007 Costa Rica 2008 Moldova 2008 Luxembourg 2008 Liechtenstein 2008 India 2009 Tunisia 2010 Kenya 2010 Congo Republic of 2010 Albania 2010 South Sudan 2011 North Macedonia 2013 Cabo Verde 2013 Honduras 2013 Malta 2014 Brazil 2014 Bolivia 2014 Argentina 2014 San Marino 2014 Nicaragua 2014 Estonia 2014 Andorra 2014 Benin 2015 Ireland 2015 Peru 2015 Mongolia 2016 Montenegro 2016 Paraguay 2016 Aruba 2016 39 Slovenia 2016 Lithuania 2017 Nepal 2018 Kosovo 2019 France 2019 South Africa 2019 Jersey 2019 Georgia 2020 Japan 2020 Seychelles 2020 Scotland 2020 Guinea 2021 Colombia 2021 South Korea 2021 Wales 2022 Zambia 2022For a more detailed overview of the global use and prohibition of the corporal punishment of children see the following table Summary of the number of countries prohibiting corporal punishment of children 2 Home Schools Penal system Alternative care settingsAs sentence for crime As disciplinary measureProhibited 67 130 156 117 39Not prohibited 131 68 41 77 159Legality unknown 1 4 Corporal punishment in the home Edit Main article Corporal punishment in the home source source source source source source source source source source source source track track An overview of the Abolition of Defence of Reasonable Punishment Act 2020 which ends the physical punishment of children everywhere in Wales including the home Domestic corporal punishment i e the punishment of children by their parents is often referred to colloquially as spanking smacking or slapping It has been outlawed in an increasing number of countries starting with Sweden in 1979 40 2 In some other countries corporal punishment is legal but restricted e g blows to the head are outlawed implements may not be used only children within a certain age range may be spanked In all states of the United States and most African and Asian nations corporal punishment by parents is legal It is also legal to use certain implements e g a belt or a paddle In Canada spanking by parents or legal guardians but nobody else is legal with certain restrictions the child must be between the ages of 2 12 and no implement other than an open bare hand may be used belts paddles etc are prohibited It is also illegal to strike the head when disciplining a child 41 42 In the UK except Scotland and Wales spanking or smacking is legal but it must not cause an injury amounting to actual bodily harm any injury such as visible bruising breaking of the whole skin etc In addition in Scotland since October 2003 it has been illegal to use any implements or to strike the head when disciplining a child and it is also prohibited to use corporal punishment towards children under the age of 3 years In 2019 Scotland enacted a ban on corporal punishment which went into effect in 2020 Wales also enacted a ban in 2020 which has gone into effect in 2022 43 In Pakistan Section 89 of Pakistan Penal Code allows corporal punishment 44 Corporal punishment in schools Edit Main article School corporal punishment Corporal punishment in schools has been outlawed in many countries It often involves striking the student on the buttocks or the palm of the hand with an implement e g a rattan cane or a spanking paddle In countries where corporal punishment is still allowed in schools there may be restrictions for example school caning in Singapore and Malaysia is in theory permitted for boys only In India and many other countries corporal punishment has technically been abolished by law However corporal punishment continues to be practiced on boys and girls in many schools around the world Cultural perceptions of corporal punishment have rarely been studied and researched One study carried out discusses how corporal punishment is perceived among parents and students in India 45 Medical professionals have urged putting an end to the practice noting the danger of injury to children s hands especially 46 Judicial or quasi judicial punishment Edit Main article Judicial corporal punishment Countries with judicial corporal punishment A member of the Taliban s religious police beating an Afghan woman in Kabul on 26 August 2001 Around 33 countries in the world still retain judicial corporal punishment including a number of former British territories such as Botswana Malaysia Singapore and Tanzania In Singapore for certain specified offences males are routinely sentenced to caning in addition to a prison term The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P Fay received four strokes of the cane for vandalism Judicial caning and whipping are also used in Aceh Province in Indonesia 47 A number of other countries with an Islamic legal system such as Saudi Arabia UAE Qatar Iran Brunei Sudan and some northern states in Nigeria employ judicial whipping for a range of offences In April 2020 the Saudi Supreme Court ended the flogging punishment from its court system and replaced it with jail time or fines 48 As of 2009 update some regions of Pakistan are experiencing a breakdown of law and government leading to a reintroduction of corporal punishment by ad hoc Islamicist courts 49 As well as corporal punishment some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation 50 51 52 However the term corporal punishment has since the 19th century usually meant caning flagellation or bastinado rather than those other types of physical penalty 53 54 55 56 57 58 59 In some countries foot whipping bastinado is still practiced on prisoners 60 Rituals EditIn parts of England boys were once beaten under the old tradition of Beating the Bounds whereby a boy was paraded around the edge of a city or parish and spanked with a switch or cane to mark the boundary 61 One famous Beating the Bounds took place around the boundary of St Giles and the area where Tottenham Court Road now stands in central London The actual stone that marked the boundary is now underneath the Centre Point office tower 62 In the Czech Republic Slovakia and some parts of Hungary a tradition for health and fertility is carried out on Easter Monday Boys and young men will spank or whip girls and young women on the bottom with braided willow branches After the man sings the verse the young woman turns around and the man takes a few whacks at her backside with the whip 63 64 In popular culture Edit The Flagellation by Piero della Francesca Art The Flagellation c 1455 70 by Piero della Francesca Christ is lashed while Pontius Pilate looks on The Whipping 1941 by Horace Pippin A figure tied to a whipping post is flogged 65 Film and TVSee List of films and TV containing corporal punishment scenes See also EditCampaigns against corporal punishment Chastisement Child discipline Disfigurement Hotsaucing Physical abuse School violence Tough love Virge Washing out mouth with soapReferences Edit Corporal punishment Encyclopaedia Britannica 9 November 2014 a b c d e States which have prohibited all corporal punishment www endcorporalpunishment org Global Initiative to End All Corporal Punishment of Children a b Progress Global Partnership to End Violence Against Children 2021 Diamond Jared 2013 The World Until Yesterday Viking Ch 5 ISBN 978 1 101 60600 1 Gray Peter 2009 Play as a Foundation for Hunter Gatherer Social Existence American Journal of Play 1 4 476 522 Wilson 1971 2 1 Rich John M December 1989 The Use of Corporal Punishment The Clearing House Vol 63 No 4 pp 149 152 Wilson Robert M 1971 A Study of Attitudes Towards Corporal Punishment as an Educational Procedure From the Earliest Times to the Present Thesis University of Victoria 2 3 OCLC 15767752 Wilson 1971 2 3 Wilson 1971 2 3 2 6 Deuteronomy 25 1 3 a b c Wilson 1971 2 5 Plutarch Moralia The Education of Children Loeb Classical Library Harvard University Press 1927 Wicksteed Joseph H The Challenge of Childhood An Essay on Nature and Education Chapman amp Hall London 1936 pp 34 35 OCLC 3085780 Ascham Roger The scholemaster John Daye London 1571 p 1 Republished by Constable London 1927 OCLC 10463182 Newell Peter ed A Last Resort Corporal Punishment in Schools Penguin London 1972 p 9 ISBN 0140806989 Barretts C R B The History of The 7th Queen s Own Hussars Vol II Archived 3 October 2011 at the Wayback Machine Middleton Jacob 2005 Thomas Hopley and mid Victorian attitudes to corporal punishment History of Education a b Middleton Jacob November 2012 Spare the Rod History Today London Calvert R Criminal and civil liability in husband wife assaults in Violence in the family Suzanne K Steinmetz and Murray A Straus eds Harper amp Row New York 1974 ISBN 0 396 06864 2 R v Jackson Archived 7 September 2014 at the Wayback Machine 1891 1 QB 671 abstracted at LawTeacher net Chisholm Hugh ed 1911 Corporal Punishment Encyclopaedia Britannica Vol 7 11th ed Cambridge University Press pp 189 190 Criminal Justice Act 1948 zi amp z2 GEo 6 CH 58 pp 54 55 This applies to the 47 members of the Council of Europe an entirely separate body from the European Union which has only 28 member states Global Initiative to End All Corporal Punishment of Children 2012 Retrieved 1 May 2012 Key Judgements The ruling concerned the Isle of Man a UK Crown Dependency UN 2012 4 International Covenant on Civil and Political Rights Archived 1 September 2010 at the Wayback Machine United Nations Treaty Collection Retrieved 1 May 2012 UN Human Rights Committee 1992 General Comment No 20 HRI GEN 1 Rev 4 p 108 UN 2012 9 Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Archived 8 November 2010 at the Wayback Machine United Nations Treaty Collection Retrieved 1 May 2012 UN 1996 General Assembly Official Records Fiftieth Session A 50 44 1995 par 177 and A 51 44 1996 par 65 i UN 2012 3 International Covenant on Economic Social and Cultural Rights Archived 17 September 2012 at the Wayback Machine United Nations Treaty Collection Retrieved 1 May 2012 UN Committee on Economic Social and Cultural Rights 1999 General Comment on The Right to Education HRI GEN 1 Rev 4 73 European Committee of Social Rights 2001 Conclusions XV 2 Vol 1 UN 2012 11 Convention on the Rights of the Child Archived 11 February 2014 at the Wayback Machine United Nations Treaty Collection Retrieved 1 May 2012 UN Committee on the Rights of the Child 2006 General Comment No 8 par 3 However Article 19 of the Convention makes no reference to corporal punishment and the Committee s interpretation on this point has been explicitly rejected by several States Party to the Convention including Australia Canada and the United Kingdom UN OHCHR 2012 Committee on the Rights of the Child Office of the United Nations High Commissioner for Human Rights Retrieved 1 May 2012 UN 2006 Study on Violence against Children presented by Independent Expert for the Secretary General United Nations A 61 299 See further UN 2012e Special Representative of the Secretary General on Violence against Children Archived 8 March 2022 at the Wayback Machine Retrieved 1 May 2012 UN 2007 United Nations General Assembly A RES 62 141 The United States was the only country to vote against There were no abstentions a b Abolishing corporal punishment of children questions and answers PDF Strasbourg Council of Europe 2007 ISBN 978 9 287 16310 3 Archived from the original PDF on 9 August 2014 Aruba has prohibited all corporal punishment of children Global Initiative to End All Corporal Punishment of Children Archived from the original on 6 March 2018 Retrieved 6 March 2018 Durrant Joan E 1996 The Swedish Ban on Corporal Punishment Its History and Effects In Frehsee Detlev et al eds Family Violence Against Children A Challenge for Society Berlin Walter de Gruyter pp 19 25 ISBN 3 11 014996 6 To spank or not to spank CBC News 31 July 2009 Retrieved 17 September 2012 Barnett Laura The Spanking Law Section 43 of the Criminal Code Parliament of Canada Archived from the original on 16 October 2012 Retrieved 17 September 2012 Wales introduces ban on smacking and slapping children The Guardian London 21 March 2022 Retrieved 21 March 2022 Wajeeh Ul Hassan Pakistan Penal Code Act XLV of 1860 Retrieved 8 February 2017 Ghosh Arijit Pasupathi Madhumathi 18 August 2016 Perceptions of Students and Parents on the Use of Corporal Punishment at Schools in India PDF Rupkatha Journal on Interdisciplinary Studies in Humanities 8 3 269 280 doi 10 21659 rupkatha v8n3 28 Corporal Punishment to Children s Hands A Statement by Medical Authorities as to the Risks January 2002 McKirdy Euan 14 July 2018 Gay men adulterers publicly flogged in Aceh Indonesia CNN Retrieved 15 July 2018 Saudi Arabia to end flogging as form of punishment document Reuters 24 April 2020 Retrieved 25 April 2020 Walsh Declan Video of girl s flogging as Taliban hand out justice The Guardian London 2 April 2009 Campaign against the Arms Trade Evidence to the House of Commons Select Committee on Foreign Affairs London January 2005 Lashing Justice Editorial The New York Times 3 December 2007 Saudi Arabia Court Orders Eye to Be Gouged Out Human Rights Watch 8 December 2005 Oxford English Dictionary 2nd edition 1989 corporal punishment punishment inflicted on the body originally including death mutilation branding bodily confinement irons the pillory etc as opposed to a fine or punishment in estate or rank In 19th c usually confined to flogging or similar infliction of bodily pain Physical punishment such as caning or flogging Concise Oxford Dictionary inflicted on the body esp by beating Oxford American Dictionary of Current English mostly a euphemism for the enforcement of discipline by applying canes whips or birches to the buttocks Charles Arnold Baker The Companion to British History Routledge 2001 Physical punishment such as beating or caning Chambers 21st Century Dictionary Punishment of a physical nature such as caning flogging or beating Collins English Dictionary the striking of somebody s body as punishment Encarta World English Dictionary MSN Archived 31 October 2009 Confirming Torture The Use of Imaging in Victims of Falanga Forensic Magazine 6 August 2014 Retrieved 6 April 2017 Mayor may axe child spanking rite BBC News Online 21 September 2004 Ackroyd Peter London The Biography Chatto amp Windus London 2000 ISBN 1 85619 716 6 babastudio Whipping away infertility at Easter Bohemian Magic Retrieved 18 November 2019 Prucha Emily 31 March 2012 What s Easter without a Whipping InCultureParent Retrieved 18 November 2019 1 Reynolda House Museum of American ArtFurther reading EditBarathan Gopal The Caning of Michael Fay 1995 A contemporary account of an American teenager Michael P Fay caned for vandalism in Singapore Gates Jay Paul and Marafioti Nicole eds Capital and Corporal Punishment in Anglo Saxon England 2014 Woodbridge Boydell amp Brewer Moskos Peter In Defence of Flogging 2011 An argument that flogging might be better than jail time Scott George A History of Corporal Punishment 1996 External links Edit Wikiquote has quotations related to Corporal punishment Spanking Archived 4 January 2011 at the Wayback Machine Ontario Consultants on Religious Tolerance Center for Effective Discipline USA World Corporal Punishment Research Global Initiative to End All Corporal Punishment of Children Retrieved from https en wikipedia org w index php title Corporal punishment amp oldid 1126714091, wikipedia, wiki, book, books, library,

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