ABSTRACT
In 1983, Y, then aged 15, was a day pupil at an independent school in England. In September, following an incident with another pupil, he was sent for punishment to the headmaster who caned him four times on his bottom through his trousers. He was taken to the doctor and found to have four wheals across both buttocks, each wheal approximately 15 cm in length and 1.23 cm in width. There was heavy bruising and swelling of both buttocks. The police decided not to prosecute the headmaster. The parents then initiated civil proceedings in the County Court claiming, inter alia, damages for assault. On 28 July 1986 the County Court judge rejected the claims. Y complained that his corporal punishment constituted a breach of A 3, that it violated his right to respect for his private and family life under A 8, and that he had no effective domestic remedies for those Convention complaints. Comm found by majority (11-2) V 3 and 13, no separate issue under 8.
