著者

浦野 東洋一

出版者

東京大学教育学部

雑誌

東京大学教育学部紀要 (ISSN:04957849)

巻号頁・発行日

vol.24, pp.89-103, 1985-02-28

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In England and Wales, it has been held in the common-law that teachers are 'in loco parentis' and must have the same rights as parents to punish children reasonably. The Education Act 1944 did not prohibit corporal punishment in schools. But LEAs may make corporal punishment regulations under Section 23 of the 1944 Education Act. The courts have however held that the right of a teacher to inflict reasonable and moderate corporal punishment overrides the regulations, especially when the teacher does not know about the regulations. In 1966, Plowden Report recommended prohibition of corporal punishment in primary schools. The recommendation was not adopted by the Government. But it produced the Society of Teachers Opposed to Physical Punishment (STOPP) in 1968. And the Labour Party adopted the abolition of corporal punishment as its policy in 1978. The United Kingdom is a party to the European Convention on Human Rights. The European Court of Human Rights which is established under the Convention, in 1982, in the case of Cambell and Cosans V the United Kingdom, concluded that where a parent holds a conviction against corporal punishment, it amounts to a philosophical conviction which is protected by the Conviction. So the Government is obliged to change the law in England and Wales as it relates to corporal punishment in schools.