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" The shifting status of teachers in the United Kingdom with reference to the European Court and Commission of Human Rights. "
Parker-Jenkins, Marie.
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Latin Dissertation
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| Record Number
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1094395
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TLets330114
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| Main Entry
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Parker-Jenkins, Marie.
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| Title & Author
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The shifting status of teachers in the United Kingdom with reference to the European Court and Commission of Human Rights.\ Parker-Jenkins, Marie.
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| College
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University of Nottingham
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| Date
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1988
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| student score
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1988
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| Degree
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Ph.D.
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| Abstract
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This thesis focuses on the shifting status of teachers in theUnited Kingdom which results from the findings of the EuropeanCourt and Commission of Human Rights on cases involving corporalpunishment. Teachers have traditionally held a right to administercorporal punishment to pupils with whom they stand "in locoparentis" and providing that it was moderate and reasonable, theyhave been provided with a defence against a charge of assault. Theposition began to alter when education became compulsory in the1870's, but there was no effective legal remedy until 1949. Atthis time, Britain joined the Council of Europe and became a partyto the European Convention on Human Rights, subsequentlyrecognising the competence of its chief enforcement agencies, theEuropean Court and Commission of Human Rights. A number ofimportant decisions have been provided by these bodies regardingthe use of corporal punishment in British schools which imply anunwillingness to endorse its use. Moreover, as the only Member-State, prior to 1987, which still employed this disciplinarysanction, Britain appeared to be clearly out of step with the restof Western Europe. The Government moved some distance towardsrectifying the problem by enacting the Education (No. 2) Act (1986).This statute contains a number of shortcomings, however, in thatsome categories of pupils are still liable to receive corporalpunishment. What also remains unclear is the new status thatteachers will occupy as a consequence of this legislativeenactment. Indeed, the teacher's right to inflict physicalpunishment has now been severely fettered and whilst the notion of"in loco parentis" is not rendered defunct as an educationaldoctrine, there is a pressing need for redefinition of the concept.The thesis employed six methods of research:(a) a literature review examining the growth and development ofthe teaching profession; the historical relationship betweenteacher and pupil; judicial interpretation of the Common Lawright to administer corporal punishment within the context ofthe "in loco parentis" doctrine; and the origins and workingsof the European Court and Commission(b) monitoring and analysing the legal transcripts of Britishcorporal punishment cases adjudicated by the European Courtand examination of cases pending;(c) a review of European cases taken to Strasbourg pertaining toeducation;(d) fieldwork which involved in-depth focussed interviews withparties concerned with the educational, legal and politicalconcerns of the litigation both in the United Kingdom and inStrasbourg;(e) examination and analysis of primary source information madeavailable by the Council of Europe regarding the jurisprudenceof the Court; and(f) related secondary source material, reflecting contemporarydevelopments in education, especially those of a legislativenature precipitated by the Court's judgements.The legal arguments emerging from the United Kingdom corporalpunishment cases centre on the issues of "the right to education",respect for parents' "philosophical convictions" and the"degrading" nature of physical chastisement. Observed from abroader perspective, the litigation also raises concerns about thevery essence of the British educational and political systems,namely: the authority of the teacher; the concept of corporalpunishment; and the doctrine of parliamentary sovereignty.Further, the human rights of pupils in the school system arehighlighted and the limitations they may present to the teacher'sauthority, together with the interaction between British educationlaw and the European Convention. Finally, the implications of theStrasbourg findings demand critical analysis, since, alternativesanctions to corporal punishment may ultimately require support,both legislative and financial, in order to be effective.Accordingly, the consequences for educationalists, politicians andadministrators are far-reaching, necessarily precipitating asignificant change to what can hitherto be considered a relatively"in stasis" profession.
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| Subject
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Corporal punishment/teachers
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University of Nottingham
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