While statements of the teacher and the victim showed discrepancies, a majority of
students testified in detail for excessive culture of corporal punishment and even teachers
admitted to have used paddles for corporal punishment. It was reasonable to rule the use of
corporal punishment as a violation of the rights to safety and freedom of body, and the
Commission recommended the superintendent of the provincial Office of Education to
appoint XX High School as a pilot school for ‘school without corporal punishment’ and
provide human rights education for teachers, students, and parents. The principle was
recommended to issue disciplinary warning to teachers. In response, the superintendent
agreed to actively consider the Commission’s recommendation, and the principal accepted
the recommendation for disciplinary warning.
E. Investigation and Remedies: Civil Rights Violation in Mental Health Facilities
1) Violation of Civil Rights by Wrongful Hospitalization
A complainant claimed that “staff from a psychiatric hospital broke into his house
where he was sleeping and handcuffed him before forcing him into a car and admitting him
into the hospital saying that they had the consent from his ex-wife.”
When inquired, the hospital claimed that they “sent two staff at the request of his
ex-wife to visit him at his home, woke him up, and identified themselves as hospital staff.”
They also claimed that they “had to use handcuffs because the man was violent and
threatened the safety of the staff with a liquor bottle. It was on-call doctor who diagnosed
and admitted him upon arrival. When it was found that ex-wife was not able to provide
legal consent for hospitalization, the hospital persuaded the man to remain admitted
voluntarily. The man agreed but he did not fill out the voluntary hospitalization agreement
form.”
The Commission, however, found that there was no real immediate danger or risk that
warranted the use of handcuffs and emergency transportation to a psychiatric hospital. The
96
Part II. Major Activities of the Commission