were amended on January 15, 2020, in order to prohibit the confinement of
prisoners to solitary cells for more than 15 days; and also to include a
mechanism for health assessment by medical personnel.
Corporal Punishment
24.
In 2017, the Humanistic Education Foundation received 29 complaints lodged
by students in the Greater Tainan area, and reported them to the Control Yuan.
The Control Yuan’s investigation found that most schools in Tainan City
tended to accept the teachers’ subjective accounts of their motives when
investigating those accused of “illegal punishment,” and usually misidentified
“corporal punishment” as “improper discipline.” Therefore, teachers who
were suspected of exercising corporal punishment would not be punished by
law, nor would they receive additional supervision or proper counselling. The
Bureau of Education of Tainan City Government failed to supervise the
schools within its jurisdiction, and adopted the schools’ decisions across the
board. It can be seen through this case that children in elementary schools or
younger in Taiwan, who are still developing both physically and mentally, and
require due care, inconceivably accounted for a majority of the objects of
corporal punishment in schools. And as the statistics concerning corporal
punishment in schools were all as verified and reported by schools themselves,
the actual numbers might be worse than those published by the Ministry of
Education. The Ministry of Education was clearly aware of said circumstances
and related disputes, but failed to resolve or improve the situation proactively.
After investigation and listing for continued oversight by the Control Yuan,
the Ministry of Education made systematic adjustments to the prevention and
treatment of corporal punishment incidents in the Teacher’s Act amended on
June 30, 2020, and its sublaws thereto, to uphold the educational principle of
“zero corporal punishment” promulgated in the Education Basic Law.
25.
In 2018, National Chiayi Special School was found to have tolerated teachers’
abuse of students. Some students were forced to eat red peppers, beaten with
hot melted glue sticks or toilet plungers; pulled by their hair and banged against
the wall, forced to wear paper diapers on their heads all day, deprived of food
all day as punishment, or ordered to cut up their favorite puppets to make pencil
bags for their classmates, and so on. Upon investigation and subsequent followup by the Control Yuan, the Ministry of Education supervised the school-inquestion to come up with an improvement plan, and paid monitoring visits. It
also disciplined those teachers and the principal who acted in contravention of
their duties, and amended related laws and regulations governing discipline of
incompetent teachers. It further improved the mechanism dedicated to
following up on transfer students and reviewing their files. The Ministry of
Education should continue supervising schools ex officio, in order to prevent
these corporal punishment cases from re-occurring.
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