Corporal Punishment in UK Law

There is some attraction in this argument, but ultimately I reject it. It is seeking to equate the non-administration of corporal punishment with its administration and to say that both constitute a philosophical or religious conviction. In my judgment, as the European Court of Human rights appears to have thought, the two cannot simply be equated in that way since the law is not neutral about the imposition of physical force.

It is envisaged that it will be needed only for rare cases of relatively serious indiscipline. The parents wish it to be administered in such circumstances because they consider it to be a more efficacious method of securing appropriate discipline. I do not think that it is appropriate to describe a belief that one measure is more effective than another as a philosophical or religious conviction even if the reason for holding that belief is that it is supported by a religious text.

Corporal punishment is not being invoked for its own sake but in order to help secure the religious convictions that underpin the Christian convictions of these families. Accordingly I do not accept that the belief in the desirability of corporal punishment, even although it is derived from the Christian convictions held by these parents, can properly be defined as a religious conviction in its own right.

Moreover even if that were appreciated, I have no evidence before me as to why it was felt justifiable to interfere with such rights. Without such evidence, it is impossible to say whether the response was a proportionate one. The court cannot find justification simply on the basis of counsel's assertion as to possible grounds which a state might be able to rely upon to justify the provisions in question.

But, emphatically, it is not for the court to embark on an inquiry into the asserted belief and judge its 'validity' by some objective standard such as the source material upon which the claimant founds his belief or the orthodox teaching of the religion in question or the extent to which the claimant's belief conforms to or differs from the views of others professing the same religion.

In the present case the essence of the parents' beliefs is that, as part of their proper upbringing, when necessary children should be disciplined in a particular way at home and at school. It follows that when parents administer corporal punishment to their children in accordance with these beliefs they are manifesting these beliefs.

The Rule is highly particular and governs all aspects of the life and conduct of a brother including such matters as the taking of communal meals and other required communal activities. It contains provisions governing how the children taught are to be treated, including a chapter on correction or punishment which prohibits touching a child or corporal punishment. The Institute provides the brothers with the "wherewithal to live" and looks after them after their retirement.