BULLYING: YOUR RESPONSIBILITY AND LEGAL IMPLICATIONS FOR SCHOOL LEAVERS
Universidade do Estado do Amazonas (BRAZIL)
About this paper:
Appears in: EDULEARN14 Proceedings
Publication year: 2014
Conference name: 6th International Conference on Education and New Learning Technologies
Dates: 7-9 July, 2014
Location: Barcelona, Spain
Bullying is a global phenomenon and, until the present moment, truly effective measures to fight against such an issue plaguing children and teenagers, and, when it takes place in the students’ environment, it can cause school evasion. The origin of the work bullying is English and it is used to describe aggressive behaviour in the school environment involving, mainly, children and adolescents. The acts of violence happen intentionally and repetitively, without presenting specific or justifiable motivations, with the goal to mistreat, humiliate and intimidate the victims. Stories of victims who suffered repetitive swearing and physical aggressions in the school setting are reported daily, taking major proportions worldwide. Thus, it becomes necessary for schools to develop anti-bullying projects and raise awareness of such an issue because, although the media does offer information on how to avoid such practice, many parents and teachers are still unaware of its occurrence and, even when aware of such plaguing evil in the school setting, do not know the ideal conduct to be adopted towards the aggressor and the victim. Legally, these practices constitute unlawful acts for disrespecting the Dignity of the Human Being, one of the pillars of the Republic Federation of Brazil and a universal principle of the Universal Declaration of Human Rights. Dignity is a person’s internal value and a right which must be respected regardless of gender, age or race. The Brazilian Civil Code determines that any wrongful act that causes harm to others generates the duty to indemnify. On the other hand, the responsibility for such practices may fall into the Consumer’s Defense Code, once schools serve the community and, thus, are responsible for the acts which happen within such an environment.
Study these acts’ preventive measures; Identify what the Law may do to help fight bullying; and, Analyze the civil accountability of the aggressors and the school and means to repair the damage caused to the victims by the aggressors and the School.
Bullying is a social phenomenon of great importance, and is aggravated when it causes school evasion. Such a practice destabilizes the offended one psychologically above reasonable, going against the Dignity of Human Being and, in an international setting, the already achieved and consecrated Human Rights. Therefore the necessity of anti-bullying campaigns in order to raise awareness and prevent aggressive behaviour among children and teenagers before the immeasurable consequences which does not repair neither restores the victim’s emotional damage. Yet, it is necessary the aggressor’s punishment to ensure other people’s dignity and avoid future aggression and school dropouts. Parents may be responsible when the offender is a minor and the bullying occurs under their guard and surveillance. If the act of bullying happens within the school environment, public or private, the ones responsible for the school respond as well and, when it is public, the State or Municipality which it is tied to, beyond the aggressor’s accountability.
Keywords: Bullying, school evasion, accountability.