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Today birching is rarely used as a judicial punishment, and it has also almost completely died out as a punishment for children. In the United Kingdom, birching as a judicial penalty, in both its juvenile and adult versions, was abolished in 1948, but it was retained until 1962 as a punishment for violent breaches of prison discipline.
Judicial birching was abolished in the Isle of Man in 1993 following the 1978 judgment in Tyrer v. UK by the European Court of Human Rights. [64] The last birching had taken place in January 1976; the last caning, of a 13-year-old boy convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971. [65]
1978: European Court of Human Rights, overseeing its implementation, rules that judicial birching of a juvenile breaches Article 3. [26] 1985: Standard Minimum Rules for the Administration of Juvenile Justice, or Beijing Rules, United Nations . Rule 17.3: "Juveniles shall not be subject to corporal punishment."
By a majority of six votes to one, the court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the European Convention on Human Rights. [2] Significant conclusions of the case included that "the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of ...
In Slovenia, there is a jocular tradition that anyone who succeeds in climbing to the top of Mount Triglav receives a spanking or birching. [48] In Poland there is a tradition named Pasowanie, which is celebrated on the 18th birthday. The birthday person receives eighteen smacks with the belt from the guests at the birthday party. [49]
The tamarind switch (in Creole English tambran switch) is a judicial birch-like instrument for corporal punishment made from three tamarind rods, braided and oiled, used long after independence in the Caribbean Commonwealth island states of Jamaica and Trinidad and Tobago. [2]
The Howard League for Penal Reform campaigned in the 1930s for, among many other things, the abolition of judicial corporal punishment by cat-o'-nine-tails or birching. [10] This was eventually achieved in the U.K. in 1948. [11]
It originated as an implement for physical punishment, particularly in the Royal Navy and British Army, and as a judicial punishment in Britain and some other countries. Nineteenth-century cat o' nine tails, 97 centimetres ( 38 + 1 ⁄ 4 in) long, composed of nine lengths (approximately 46 centimetres or 18 inches) of tarred, braided hemp with ...