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Scots Law Tales$
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John Grant and Elaine E. Sutherland

Print publication date: 2010

Print ISBN-13: 9781845860677

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845860677.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 05 July 2022

Spare the Rod

Spare the Rod

Campbell and Cosans v United Kingdom

(p.177) Chapter 10 Spare the Rod
Scots Law Tales

Kathleen Marshall

Edinburgh University Press

This chapter explores the Campbell and Cosans case involving Jane Cosans, mother of the fifteen-year-old Jeffrey Cosans, and Grace Campbell, mother of the six-year-old Gordon Campbell. Both women protested the use of corporal punishment as a disciplinary measure in their children's schools. The mothers lodged the case before the European Commission for Human Rights (ECHR), claiming that corporal punishment was both degrading and inhumane, and thus a violation of Article 3 of ECHR's Protocol 1. As a defence, the state schools, through the UK government, argued that the Scotland's domestic law and the 1968 Code of Practice provided adequate safeguards against such punishment. The ECHR rejected the claim of the mothers. The mothers then appealed the case before the European Court of Human Rights, yet it was subsequently dismissed.

Keywords:   Campbell and Cosans case, Jane Cosans, Jeffrey Cosans, Grace Campbell, Gordon Campbell, corporal punishment, European Commission for Human Rights, Scotland's domestic law, 1968 Code of Practice, European Court of Human Rights

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