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Corporal punishment is banned in the penal and education systems of the Republic of China (Taiwan), but there are no laws banning its use in the home.
"The State should protect students' rights to learning, to education, to their physical integrity and their human dignity, and should protect them from any form of corporal punishment, which constitutes a physical and psychological violation."
Article 8 of the Fundamental Law of Education (since December 2006) [1]
Corporal punishment in the education system was banned in December 2006 through an amendment to the country's Fundamental Law of Education [2] which came into force in January 2007. The prohibition applies to all educational institutions, including public and private schools and kindergartens, universities and all types of "cram" schools. [1]
The amendment followed years of campaigning by child rights organizations such as the Humanistic Education Foundation, as well as the government's commitment in August 2005 to work towards the elimination of all corporal punishment in public education. [1] Contributing to the amendment was also a public debate generated by corporal punishment case in October 2005 which attracted widespread media attention. The case involved a teacher repeatedly hitting a student with a wooden stick on the hands and backside for failing to hand in homework. [3]
The amendment banning corporal punishment had the support of President Chen Shui-bian and Prime Minister Frank Hsieh and was passed by a wide margin in the Legislative Yuan. Kuan Bi-ling, a legislator from the Democratic Progressive Party said:
Corporal punishment has been a cultural practice in Taiwan. But we believe schools and homes are the most important environment for kids to grow up and we need to eliminate this practice... Many countries worldwide have banned corporal punishment in schools by law – including [the People's Republic of] China. We think Taiwan is an advanced country, and we shouldn't trail behind. [3]
Corporal punishment in Taiwanese schools had been banned even before the legal amendment of 2006, but this was by a government regulation rather than by statute.
Before the legal ban, corporal punishment on students of both genders had been widespread and equal in Taiwanese educational institutions; [4] the government regulation against it was largely ignored. A 2004 poll found that corporal punishment was administered in 93.5% of schools. [5]
| 1999 | 2000 | 2001 | 2004 | 2005 |
|---|---|---|---|---|
| 83.4% | 74.2% | 70.9% | 69.4% | 65.1% |
| Source: Humanistic Education Foundation | ||||
Despite its being illegal since January 2007, a nationwide survey conducted in April and May 2007 found that 52.8% of students reported receiving corporal punishment, lower than in previous years but still constituting a majority. However, physical beatings or spankings of students declined from 51% in 2005 to 27.3% in 2007, accompanied by a rise in indirect forms of physical punishment, such as being forced to stand up for an extended period of time, which increased from 9.7% in 2005 to 35% in 2007. [1]
The Humanistic Education Foundation has conducted a yearly poll to ascertain the percentage of students affected by corporal punishment in Taiwanese schools. A nationwide survey carried out in September and October 2012 found that corporal punishment is still imposed in 90% of elementary and junior-high schools around the nation. [6] This suggests that the ban has been partially effective; while a majority of students continued to be subject to corporal punishment, its use was slowly declining.
Corporal punishment is illegal as a disciplinary measure in penal institutions. [1]
In 1909, when Formosa (as Taiwan was then known) was part of the Empire of Japan, the local government introduced judicial flogging for native Formosan Chinese criminals, which was carried out with a cane. This penalty was regarded as a substitute for imprisonment, and applied to males aged between 16 and 60. [7]
In 1997 the Taiwanese authorities said they would consider calls for the introduction of judicial caning on the lines of practice in Singapore to deter crime. [8]
In March 2007, a member of the Democratic Progressive Party called for the caning of sex offenders, [9] but this idea was rejected by the Ministry of Justice. [10]
Spanking is a common form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause them physical pain. Although the term spanking broadly encompasses the use of either the hand or implement, the use of implements can also refer to the administration of more specific types of corporal punishment such as caning, paddling and slippering.
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.
Flagellation, flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging is imposed on an unwilling subject as a punishment; however, it can also be submitted to willingly for sadomasochistic pleasure, or performed on oneself, in religious or sadomasochistic contexts.
Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hands. Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet. The size and flexibility of the cane and the mode of application, as well as the number of the strokes, vary greatly — from a couple of light strokes with a small cane across the seat of a junior schoolboy's trousers, to a maximum of 24, very hard, wounding cuts on the bare buttocks with a large, heavy, soaked rattan as a judicial punishment in some Southeast Asian countries.
Birching is a form of corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders.
Public humiliation or public shaming is a form of punishment whose main feature is dishonoring or disgracing a person, usually an offender or a prisoner, especially in a public place. It was regularly used as a form of judicially sanctioned punishment in previous centuries, and is still practiced by different means in the modern era.
The cat o' nine tails, commonly shortened to the cat, is a type of multi-tailed flail that originated as an implement for severe physical punishment, notably in the Royal Navy and British Army, and also as a judicial punishment in Britain and some other countries.
A spanking paddle is an implement used to strike a person on the buttocks. The act of spanking a person with a paddle is known as "paddling". A paddling may be for punishment, or as an initiation or hazing ritual.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school, and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Sudan face legal challenges not experienced by non-LGBT residents. In July 2020, Sudan removed the death penalty, which had never been enforced, as well as corporal punishment as a punishment for anal sex, leaving imprisonment as the penalty for a male perpetrator. The penalty for a third offense remains life in prison, but there are no documented cases of this being applied.
Strapping refers to the use of a strap as an implement of corporal punishment. It is typically a broad and heavy strip of leather, often with a hard handle, the more flexible 'blade' being applied to the offender.
Caning is used as a form of corporal punishment in Malaysia. It can be divided into at least four contexts: judicial/prison, school, domestic, and sharia/syariah. Of these, the first is largely a legacy of British colonial rule in the territories that are now part of Malaysia, particularly Malaya. Similar forms of corporal punishment are also used in some other former British colonies, including two of Malaysia's neighbouring countries, Singapore and Brunei.
School corporal punishment is the deliberate infliction of physical pain or discomfort and psychological humiliation as a response to undesired behavior by a student or group of students. The term corporal punishment derives from the Latin word for "the body", corpus. In schools it often involves striking the student directly across the buttocks or palms of their hands with a tool such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the kindergarten, primary school, or other more junior levels.
Judicial corporal punishment (JCP) is the infliction of corporal punishment as a result of a sentence by a court of law. The punishments include caning, bastinado, birching, whipping, or strapping. The practice was once commonplace in many countries, but over time it has been abolished in most countries, although still remaining a form of legal punishment in some countries including a number of former British colonies and Muslim-majority states.
Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush or paddle, hanger, and can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.
Campaigns against corporal punishment aim to reduce or eliminate corporal punishment of minors by instigating legal and cultural changes in the areas where such punishments are practiced. Such campaigns date mostly from the late 20th century, although occasional voices in opposition to corporal punishment existed from ancient times through to the modern era.
Corporal punishment, also referred to as "physical punishment" or "physical discipline," is defined as using physical force, no matter how light, to cause deliberate bodily pain or discomfort in response to some undesired behavior. In schools in the United States, corporal punishment takes the form of a teacher or school principal striking a student's buttocks with a wooden paddle.
Corporal punishment of minors in the United States, meaning the infliction of physical pain or discomfort by parents or other adult guardians, including in some cases school officials, for purposes of punishing unacceptable attitude, is subject to varying legal limits, depending on the state. Minor children in the United States commonly experience some form of corporal punishment, such as spanking or paddling. Despite opposition from medical and social-services professionals, as of 2016, the spanking of children is legal in all states and, as of 2014, most people still believe it is acceptable provided it does not involve implements. Corporal punishment is in the United States usually considered distinct from illegal child abuse, although the distinction can often be vague.
Caning is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.
The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law.