Christian private schools initiative to reintroduce punishment in Great Britain

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When it was decided in 1998 to ban corporal punishment in private schools in England and Wales , an initiative was formed by Christian private schools to reintroduce punishment in Great Britain , their directors, parents and former students. The initiative tried in vain to reverse this prohibition or to obtain an exception, arguing with the thesis of an existing right of punishment for parents passed on to the school as well as the right to freedom of religion . The legal proceedings by all instances lasted until 2005.

Beginning

On July 22, 1986, corporal punishment was banned in government-sponsored schools in Great Britain; the ban came into force in 1987. The private schools, which play a major role in the UK's poor public system, defended the exercise of their right to corporal punishment for a long time. The ban was then extended to all schools in England and Wales in 1998 (in force since September 1999). Scotland followed in 2000 and Northern Ireland in 2003.

Thereupon an initiative of Christian private schools was formed to lift this restriction again. The Christian Fellowship School in Liverpool with its director Philip Williamson, supported by lawyer Paul Diamond, was chosen as the plaintiff . In February 1999 it was supported by 20 private schools; they hoped to file their complaint with the European Court of Human Rights (ECHR) before the ban came into force . In early July 1999 the number of supporting Christian private schools was forty, most of which are part of the Christian Schools' Trust . When the ban came into force in September 1999, it was announced that the action would soon be brought to the ECHR.

Arguments

Proponents believe as: "... part of their religious worship and part of their religious belief that corporal punishment is part of their Christian doctrine." When the law completely forbids the use of physical punishment in private schools, it is effectively violating the rights of Christians to practice their religious beliefs. “Parents should have the right to raise their children in a Christian way.” Corporal punishment is a loving discipline that God wills. "Corporal punishment has been part of Judeo-Christian heritage since ancient times." The use of corporal punishment is intended to "instill a moral code so that children can make moral choices and later become respected adults." According to Williamson, the ECHR judges would also have said that the ban violates the right to freedom of religion. (Article 9 of the European Convention on Human Rights ) Corporal punishment is, in Williamson's opinion, more effective than other punishments, more useful than arrest: "It is immediate, it does no psychological harm." Since corporal punishment was banned in 1987, there has been a deplorable decline in discipline , The number of attacks on teachers has increased, as have the number of school dismissals and teenage crime. Williamson's students are also better than the English average. “We are not aiming for an oppressive 'Dickensian regime' (regime like in the Charles Dickens books ). We want the children to feel safe when they come to school and set moral boundaries for them. ”“ We believe the government is involved in a full social experiment that is going wrong and they should heed the warning signs. ”

For the biblical underpinning of their views people like to quote from the Book of Proverbs , such as Prov 13.24  EU , Prov 22.15  EU , Prov 23.13  EU or Prov 23.14  EU . (Further corresponding biblical quotations → corporal punishment ).

British law also allows parents to chastise their children. It must be possible to transfer this right to teachers. After a substantial tuition fee is paid for the Christian Fellowship School (2001: 1920 pounds per year (6200 marks); 2004: over 3000 euros), according to Williamson, parents and children could also expect "moral boundaries" to be set. “I don't think the government should interfere with how parents raise their children. This is dictatorial and an example of a paternalistic state. "The government prevents parents from choosing schools for their children that" reflect their philosophical beliefs. "

Further legal process

In 1999 or 2000 the ECHR is said to have ruled that the ban does not include those schools to which parents have given their consent.

In November 2001, the High Court of Justice ruled that Article 548 of the Education Act 1996 clearly reflected the parliamentary will to end corporal punishment in all schools, including private schools, and declined to review the ban. The ruling also states that the ban did not violate the plaintiffs' human rights. Since not all Christians believe in corporal punishment, it cannot be an integral part of religion.

In May 2002 a hearing was held in the Court of Appeal . Lord Justice Buxton said, "I cannot accept that Christianity needs corporal punishment." Hugo Keith of the Department for Education and Skills said that the act of corporal punishment does not express any religious principles. In December 2002, the Court of Appeal upheld the High Court's judgment . The court also stated that if there were problems with the children, teachers could contact their parents, who could then carry out any punishment themselves. Williamson said they didn't have a really fair hearing.

In early December 2004, four schools applied for special permission to reinstate corporal punishment in the House of Lords, whose five lord judges are the highest judicial body in the UK. Up to this point around 100,000 euros had been spent, which came from donations from students, teachers and like-minded people. In February 2005 the request was rejected. Lord Nicholls of Birkenhead said that lifting the ban would not be in the best interests of the children.
The suing schools in this case were:

Schools and people

Christian Schools' Trust

The initiative is not an official activity of the CST, but most of the supporting private schools are members of this organization. Sometimes it is also stated that all would be members of the CST.

The Christian Schools' Trust (CST) was founded in 1988 and is affiliated with Christians for Education , part of the CARE Trust ( Christian Action Research and Education ). In 2007 there were a total of 48 member schools. One each is in Nigeria and Zambia, five are in Scotland and Northern Ireland, and the remaining 41 are in England and Wales.

The vision of the member schools was to give God back the right place in education. Today they see how their work not only changes the lives of the families and students involved, but also the environment of the educational world. Education is based on biblical truth .

Schools have gone to court before to protect their distinct Christian identity. They have fought for the right to only employ Christian staff and to keep only those who they believe are living a Christian lifestyle. No belief is required for students, in some parts of the country most students are of Asian background. These parents place more value on a school with a strong faith base, impeccable moral principles, pronounced discipline and a “healthy” respect for authority than fear of converting to Christianity. A plan to work with 60 schools from the Association of Muslim Schools to get their own school inspectorate for faith-based schools failed in 2008.

In a study from 1994 it was found that 53% of the member schools would not accept state subsidies if this resulted in the abolition of the right to corporal punishment, and 36% would not accept state subsidies if it was followed by lessons connected to the national curriculum and 19% would never take advantage of government funding because they believe that government and education should be separate.

Christian Fellowship School & Philip Williamson

Philip Williamson (* 1943) taught mathematics, physics and chemistry in state schools in the 1970s, which he did not like very much. “The teachers did not believe in God and had strange ideas: there was no discipline, no respect and no punishment.” For him there is nothing greater than motivated and disciplined students. He then moved to Africa to teach at Bible schools. When he returned to England in 1980, he noticed a moral decline in education and among students

"In the 1970s God began to awaken a concern in a number of Christian parents and churches throughout the country as to the effect state education was having upon the faith of their young people. It suddenly became obvious that both primary and secondary schools were nurturing young people into cultural norms that were becoming more and more anti-Christian.
It was as if God was scattering seeds of concern all over the nation and one fell into a congregation in Liverpool. "

- Christian Fellowship School : About us - History

“In the 1970s, God began to raise concerns among several Christian parents and churches across the country about the impact of public schooling on the faith of young people. It had suddenly become apparent that both elementary and secondary schools were educating young people on cultural norms that were becoming increasingly anti-Christian.
It was as if God scattered seeds of worry all over the country and one fell on a church in Liverpool. "

In 1981 he founded a school in a building made available by the church; in this the Bible became the guideline for conduct and morals. It should offer a peaceful, safe learning environment. Because the school is located in a very insecure part of the city, it is under video surveillance and the entrances are closed during class time.

As a motivation, Williamson introduced a points system in which one receives points for good behavior, positive attitude towards learning and for efforts in school work. The points are not only awarded for good grades. Every semester there are prizes for the highest score in each class. The total number of students is divided into three groups competing for a cup.

Corporal punishment was only given by the director himself or, in the case of older girls, by a female member of the teaching staff in his office. For children under ten years of age, the ruler was used for blows to the hands and buttocks, for girls over 10 years of age a leather strap for blows to the palms and for boys over ten years of age a paddle for blows to the back and buttocks. The children were then comforted and encouraged to pray and given time to calm down before returning to class. The punishments should serve to “raise the child's awareness” with little effort, ie to correct those students who repeatedly make morally wrong decisions. Williamson regards misconduct, including lying, stealing, deliberate disobedience, fighting, vandalism and contradicting behavior, as wrong decisions, because this is behavior against the community. On a 1999 statement, he said he couldn't remember the last time he used his cane, but in a bad month he would typically reach for the ruler three times. There are slaps and slaps for "every breaking of the moral code".

When a new law came into force in January 2005 that made corporal punishment a punishable offense for parents as soon as long-term prints were left, he was of the opinion that the new rules were not enforceable for the police. The law does not say how big the print must be and how long the print must remain. And the law ignores completely black children who do not have such marks and who do not turn red.

Bradford Christian School

The Bradford Christian School in West Yorkshire was founded in 1993 and led the corporal punishment until September 1996. The school based on the principles of the Bible was the first private school to take this step after 1986. The school supposedly did not have a discipline problem; Paul Cripp, chairman of the board of directors, found it a positive step to have the possibility to physically punish children. The directors, including an Anglican and a Baptist pastor, claimed to have decided on the introduction after much prayer. Criticism did not prevent her from introducing it. "That is the wisdom of the world," said Cripp. “We pray that God will be praised by our choice.” He even claimed he had the support of parents and students, a quarter of whom were not from Christian backgrounds.

supporter

Sam Bechler of the Association of Teachers and Lecturers believes these schools should be allowed to practice corporal punishment again. While some children would never change their behavior, there is evidence that it works - especially in private schools. Support also came from Steve Richards, director of the NorthStar Christian Internet School in Dronfield , South Yorkshire .

criticism

Most of the 1,500 private schools in the Independent Schools Council decided long before a legal regulation was discussed that corporal punishment hindered good education and welcomed the end of this “archaic tradition”.

In 2001 the English child protection association was appalled by the initiative of the 40 private schools. Children should enjoy the same protection from physical attack as adults. An alliance called “Children are unbeatable” has been fighting for an absolute ban on punishment, including for parents.

Chris Cloke of the National Society for the Prevention of Cruelty to Children (NSPCC) says beating children gives them a very clear message on how to interact with one another. “If it is acceptable for an adult to hit a child, it carries the message that it is acceptable for the children to hit other children. We believe that is wrong. "

Numerous church officials and church organizations declared that beating children was an act of violence. No statements are known about the specific case.

literature

  • Antje von Ungern-Sternberg: Religious Freedom in Europe. The freedom of individual religious practice in Great Britain, France and Germany - a comparison. Mohr Siebeck, Tübingen 2008, ISBN 978-3-16-149682-0 (mentions of this case on pp. 177–218 and 291–361)

Web links

Individual evidence

  1. ↑ a b c d e Bremer Nachrichten, November 3, 2001; Copy from schmidt-salomon (3073)
  2. ↑ UNITED KINGDOM ( Memento of the original from April 6, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , endcorporalpunishment.org, Version: October 2008  @1@ 2Template: Webachiv / IABot / www.endcorporalpunishment.org
  3. ↑ a b c d e f Education - Schools demand right to corporal punishment , news.bbc.co.uk, February 1, 1999
  4. ↑ a b Education - Heads fight caning ban , news.bbc.co.uk, July 3, 1999
  5. ^ Judith Judd: Islington schools attacked by Ofsted , The Independent, May 18, 1999
  6. ↑ a b c d Reuters: Ban on corporal punishment now applies to Britain's private schools , September 2, 1999; Copy at nospank.net
  7. ^ A b Education - Schools take caning case to Europe , news.bbc.co.uk, August 30, 1999
  8. ↑ School wants right to spank , Associated Press, November 2nd 2001; Copy at nospank.net
  9. ↑ a b c d Anita Blasberg: In the name of the Lord . In: Der Spiegel . No. 1 , 2005, p. 41 ( online ).
  10. ^ A b Victoria Combe: Forty private schools ask judges to back caning , telegraph.co.uk, November 2, 2001
  11. ^ Liz Lightfoot, Bible drawn into battle against sparing the rod , telegraph.co.uk, Nov. 3, 2001
  12. ↑ School smacking case thrown out , news.bbc.co.uk, 15 November 2001
  13. ↑ Nick Britten: Christian schools' smacking plea fails , telegraph.co.uk, November 16, 2001
  14. ↑ School waits for smacking judgment , news.bbc.co.uk, May 14, 2002
  15. ^ Schools lose legal fight over smacking , news.bbc.co.uk, December 12, 2002
  16. ↑ a b c CHRISTLICHE SCHULE WANT BEING PUNISHMENT - Right to the cane , Spiegel online - Schul-Spiegel, December 6, 2004
  17. ↑ School smacking ban 'should go' , news.bbc.co.uk, December 1, 2004
  18. ↑ Smacking ban challenge rejected , news.bbc.co.uk, February 24, 2005
  19. ↑ a b Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others ( Memento of the original dated September 23, 2006 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , House of Lords, 2005  @1@ 2Template: Webachiv / IABot / www.parliament.the-stationery-office.co.uk
  20. ^ A b William Kay, Leslie J. Francis, Keith Watson: Religion in education 4 , Gracewing Publishing, 2003, 0-85244-585-7, p. 401
  21. ↑ a b The Christian School's Trust - Preparing Children for life (PDF; 796 kB) - advertising folder, January 30, 2007
  22. ↑ David N. Aspin, Judith D. Chapman: Values ​​education and lifelong learning: principles, policies, programs , Springer, 2007, 1-4020-6183-8, p. 189
  23. ^ Graeme Paton: Government drops plan to allow Muslim schools to police themselves , Telegraph.co.uk, July 21, 2008
  24. ↑ Geoffrey Waldorf: The New Religious Grant-Maintained Schools , In: Educational Management and Administration , Vol. 22, No. 2, 1994, pp. 123-130; & Waldorf, 1997, pp. 31-43
  25. ↑ About us - History ( Memento of the original from October 6, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Accessed: August 11, 2009  @1@ 2Template: Webachiv / IABot / www.cfschool.org.uk
  26. ↑ New smacking law comes into force , news.bbc.co.uk, January 15, 2005
  27. ↑ We'll fight smack ban!  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Telegraph & Argus, September 2, 1999@1@ 2Template: Dead Link / archive.thetelegraphandargus.co.uk  
  28. ↑ Jonathan Petre: Christian school to smack pupils , The Daily Telegraph, May 13, 1996; Copy at nospank.net