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(Apr 12, 2013) Taibatsu no kinshi oyobi jido_ seito rikai ni motoduku shido_ no tettei ni tsuite [Regarding a Thorough Understanding of Prohibition of Corporal Punishment and Verbal Instructions to Pupils and Students [hereinafter the Circular], 24 Monka-sho No. 1269, Mar. 13, 2013.) Issuance of the new Circular was prompted by a case in which a high school boy killed himself after he was subjected to harsh physical punishment at a public high school in
Physical punishment in schools has been prohibited by law since 1879. (Education Order 1879, art. 46.) The current School Education Law also prohibits physical punishment. (School Education Law, Act No. 26 of 1947, last amended by Act No. 61 of 2011, art. 11.) However, not all punishment involving the use of physical force against students is regarded as illegal corporal punishment. Case law has not established a clear distinction between permissible punishment that involves physical force and illegal physical punishment. It may depend on the circumstances of each case. (Hidehiko Nagao, "Taibatsu" gainen no konmei[Confusion on a Concept of Physical Punishment], 44-3&4CHU_KYO_ HO_GAKU [CHUKYO LAW REVIEW] 185, 186 (2010).)
The Circular tries to make that distinction clearer in order to prevent illegal physical punishment, but at the same time seeks to avoid the creation of a chilling effect on teachers' giving of appropriate punishments to students. Under the Circular, for example, a series of acts of grabbing the shoulders of a student, pushing the student's body against a wall, and forcing the student to stay beside the wall when he/she has violated a rule and then tried to run away, despite a teacher's instruction to stay and listen, is not deemed to be illegal corporal punishment. (The Circular, Attachment.)
The physical punishment in the
|Author:||Sayuri Umeda More by this author|
|Topic:||Education More on this topic|
|Jurisdiction:||Japan More about this jurisdiction|
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Last updated: 04/12/2013