교사의 인권인가, 학생의 인권인가? -영국의 학교 내 체벌 제도의 폐지 과정 1937-1986- = Teachers` Rights or Students` Rights?: A Study of the Process of the Abolition of Corporal Punishment in British Schools 1937-1986

다국어 초록 (Multilingual Abstract)

This article delves into the political and administrative process of the abolition of corporal punishment in British schools from 1937 to 1986. British education authorities had, since the late 19th century, formally accepted the principle of allowing the teachers to decide on the appropriateness of inflicting corporal punishment on their students. But this viewpoint was challenged from the late 1930s onwards not least due to Britain`s experience of fighting the forces of totalitarianism during World War II, and sections within British society began to demand the abolition of corporal punishment in schools. The Ministry of Education, established by the Education Act of 1944, conducted a nationwide survey of teachers of whom most opposed the abolition of corporal punishment, and subsequently the Ministry took evasive action during the 1950s by declaring that the subject of corporal punishment was one that had to be dealt not by the central government but by the local education authorities which were established across the country. The issue flared up again in the beginning of the 1960s with the question of special schools inflicting corporal punishment on mentally or physically handicapped children under their supervision. Despite the willingness of the government - supported not least by the Plowden Report - to abolish corporal punishment for handicapped children to begin with, the attempt was thwarted by groups such as the National Union of Teachers and the Association for Special Education who feared that such exceptions would lead to the expansion of the abolition into normal schools, and that classes could become uncontrollable without such measures. In the end, the British government was taken to the European Court of Human Rights in 1976 and 1977 by two Scottish families who did not want their child to receive corporal punishment in school. The Court`s finding in 1982 that the British government was obliged to respect a parent`s wish on this issue forced the Thatcher administration in 1986 to abolish corporal punishment in all British state schools.

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