STUDENTS AS THE SUBJECT-MATTER OF THE FUNDAMENTAL RIGHT FOR EDUCATION: AN INTROSPECTION OF PHYSICAL PUNISHMENT IN TAIWAN

STUDENTS AS THE SUBJECT-MATTER OF THE FUNDAMENTAL RIGHT FOR EDUCATION: AN INTROSPECTION OF PHYSICAL PUNISHMENT IN TAIWAN

"A Zero Physical Punishment policy had been adopted and enacted into law in 2006. Articles 8 and 15 of Educational Fundamental Act have made Taiwan become the 109th country which implements a Zero Physical Punishment policy. In the past years, people in Taiwan used to take physical punishment as a part of teachers’ legitimate disciplinary power. However, physical punishment has profound impacts on students’ personalities and is in contravention with educational fundamental right which centers upon students’ freedom of personality development and students’ right of being free from physical harms. For that matter, after the Judicial Yuan Interpretation No. 382, students are not a part of Special Power Relationship anymore. Therefore, students, as the core of educational fundamental right, have the right to reject physical punishment or the right to seek for judicial remedies after being physically punished. Also, when teachers perform their disciplinary power, they must obey the core of educational fundamental right—students’ freedom of personality development. Besides, since the Zero Physical Punishment policy is the educational principle in our country, the state, teachers, and parents must work together to carry it out and make schools become the appropriate places for students’ freedom of personality development."