Corporal punishment in Taiwan
Encyclopedia
Corporal punishment
is currently 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 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. 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.
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
. Guan Bi-ling, a legislator from the Democratic Progressive Party
declared that,
Corporal punishment in Taiwanese schools had been banned even before the legal amendment of 2006, but this was a government regulation rather than a formal law.
A 2004 poll also found that corporal punishment was administered in 93.5% of schools.
Despite 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.
A survey carried out in early 2008 found that the prevalence of corporal punishment in schools had fallen substantially, with 16% of junior high students reporting they had been punished in this way. This suggests that the ban has been partially effective.
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.
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.
In March 2007, members of the Democratic Progressive Party
called for the caning of sex offenders, but this idea was rejected by the Ministry of Justice.
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
is currently banned in the penal and education systems of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
), but there are no laws banning its use in the home.
Education system
Corporal punishment in the education system was banned in December 2006 through an amendment to the country's Fundamental Law of Education 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.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. 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.
The amendment banning corporal punishment had the support of President Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
and Prime Minister Frank Hsieh
Frank Hsieh
Frank Hsieh Chang-ting is a Taiwanese politician of the Democratic Progressive Party in the Republic of China. He was the mayor of Kaohsiung City until his appointment as President of the Executive Yuan by president Chen Shui-bian on February 1, 2005. He announced his resignation from the post of...
and was passed by a wide margin in the Legislative Yuan
Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China .The Legislative Yuan is one of the five branches of government stipulated by the Constitution of the Republic of China, which follows Sun Yat-sen's Three Principles of the People...
. Guan Bi-ling, a legislator from the Democratic Progressive Party
Democratic Progressive Party
The Democratic Progressive Party is a political party in Taiwan, and the dominant party in the Pan-Green Coalition. Founded in 1986, DPP is the first meaningful opposition party in Taiwan. It has traditionally been associated with strong advocacy of human rights and a distinct Taiwanese identity,...
declared that,
Corporal punishment in Taiwanese schools had been banned even before the legal amendment of 2006, but this was a government regulation rather than a formal law.
Prevalence
Before the legal ban, corporal punishment had been widespread in Taiwanese educational institutions, with the government regulation against corporal punishment being largely ignored. The Humanistic Education Foundation has conducted a yearly poll to ascertain the percentage of students affected by corporal punishment in Taiwanese schools. The results showed that, while a majority of students continued to be subject to corporal punishment, its use was slowly declining:A 2004 poll also found that corporal punishment was administered in 93.5% of schools.
Despite 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.
A survey carried out in early 2008 found that the prevalence of corporal punishment in schools had fallen substantially, with 16% of junior high students reporting they had been punished in this way. This suggests that the ban has been partially effective.
Penal system
Corporal punishment is illegal as a disciplinary measure in penal institutions.In 1909, when Formosa (as Taiwan was then known) was part of the Empire of Japan
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
, 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.
In 1997 the Taiwanese authorities said they would consider calls for the introduction of judicial caning on the lines of practice in Singapore
Caning in Singapore
Caning is a widely used form of legal corporal punishment in Singapore. It can be divided into several contexts: judicial, military, school, reformatory/prison, and domestic/private....
to deter crime.
In March 2007, members of the Democratic Progressive Party
Democratic Progressive Party
The Democratic Progressive Party is a political party in Taiwan, and the dominant party in the Pan-Green Coalition. Founded in 1986, DPP is the first meaningful opposition party in Taiwan. It has traditionally been associated with strong advocacy of human rights and a distinct Taiwanese identity,...
called for the caning of sex offenders, but this idea was rejected by the Ministry of Justice.
See also
- Human rights in the Republic of ChinaHuman rights in the Republic of ChinaThe human rights record in Taiwan is generally held to have experienced significant transformation over the last two decades.Taiwan, currently governed by the Republic of China government, has a multi-party democracy...