16 Nov Marco Legal Del Acoso Escolar
Harassment in the form of social exclusion can manifest itself actively (not participating), passively (ignoring) or a combination of both. “This protocol is important because usually, the parents of the bullied student change their child from school without the instructions knowing why. In the institution, the situation is recorded as “voluntary retirement” because the child was bored or wanted a different environment. It is not explicit that he did it because of bullying at school,” says Yólida Yajasiel Ramírez, a psychologist and teacher at the Héctor Abad Gómez educational institution in Medellín. Physical or moral harassment of classmates is a violation that is qualified as a very serious crime and entails the application of the corrective measures established in each case (finally the definitive expulsion from the center). The rule does not include the most common reasons why bullying usually occurs, such as differences in race, religious beliefs, physical characteristics, or homophobia. It only determines whether it is physical, verbal, psychological or electronic. This means that it can reach the courts if our children are harassed because of their values, principles, personality or behavior. Bullying can be defined as bullying, usually in school, that involves continuous and repetitive actions temporarily, consisting of degrading treatment, physical or psychological and collective or individual that causes a disability to the person suffering from it. Currently, with the introduction of Article 172 ter, the new criminal offence of harassment regulates behaviour: persistent and repeated behaviour, which seriously infringes the freedom and sense of security of the victim, who is therefore subject to surveillance, persecution or other forms of harassment. To imprisonment from three months to two years or a fine of six to twenty-four months.
In addition, in addition to this legal framework, which aims to prevent and manage bullying in schools, it is important that the country has up-to-date and comprehensive figures on how Colombia deals with harassment based on sexual orientation and gender identity. Bullying is defined as a form of physical, verbal or psychological abuse that occurs repeatedly and over time between students. The LO of Education (Disp. Adic.21ª) stipulates that education authorities must ensure the immediate enrolment of pupils affected by changes of centres due to gender-based violence or bullying. Likewise, they will allow educational centres to pay special attention to these students. – If the harassment is caused by a minor under the age of 18 but over the age of 14, criminal and civil liability may be required in accordance with the Criminal Code for the Criminal Procedure of Minors, governed by LO 5/2000, on the criminal responsibility of minors (art. 1). At the end of January 2016, the Ministry of Education published a report on the strategic plan for living together at school, which will serve as a reference for students, families and teachers to deal with a phenomenon that has raised great social concerns: bullying.
Well, the fact that the law mixes school coexistence and sex education has been confusing for some people. According to Carolina Piñeros, director of the Red Paz organization, the skills that need to be developed in students to reduce violence and bullying are very clear. Harassment violates the dignity and fundamental rights of the child (Article 10(1) EC). In order to know it better and thus to combat it and reduce its impact, we gather in this article and the video that accompanies it its main characteristics, the legal framework that applies to it and the legal consequences that it can entail. It is the Autonomous Communities which, by decree, establish the regulatory framework which, by virtue of the autonomy conferred on them by the Organic Law on Education, allows schools to draw up their own coexistence project. Some Autonomous Communities have approved anti-bullying protocols that establish specific measures to act more quickly and protect the victim more effectively. 5 LEGAL FRAMEWORK TO COMBAT BULLYING IN SCHOOLS: These are behaviours, treatments and practices that are generally repeated over time and consist of verbal, physical or psychological aggression or intimidation, threats or even sexual abuse, or criminal offences, humiliation, blackmail, contempt or ridicule or, and discrimination, segregation or exclusion in schools by one or more Students are led against another, who is the victim of their harassment, usually because of a sense of superiority. 20 CONCLUSIONS: – Cohabitation at school should be encouraged and minors who are victims of harassment or violence by other pupils should be protected. – There is a need to raise awareness of the harmful effects of bullying and cyberbullying in schools, with particular attention to prevention.
– There are legal responsibilities that are gradually being declared by Chilean courts. In the provisions of Venezuelan criminal law, violations are taken into account: defamation, gender-based crimes and physical, psychological and social abuse. Is this not a way to combat harassment? Specific legal regulations on mobbing are contained in the Convention on the Rights of the Child, which is set out in article 2.2. It states: In this case, the legislation does not intervene and it is the public prosecutor who transmits the facts to the school so that it can take the necessary measures to protect the victim. Harassment, as a rule, is characterized by temporal continuity and can consist of specific actions that integrate it into physical aggression, threats, humiliation, coercion, insults, deliberate isolation. In short, in a series of harassing behaviours aimed at intimidating, intimidating or frightening the victim. The consequence of harassment is the physical or moral depression of the victim, which hinders his ability to react, adding that the intention of the abuser is to deliberately cause harm. In accordance with article 1 of Law 26/2015, of 28 July, amending the system for the protection of children and adolescents (amending Organic Law 1/1996, of 15 July). January on the legal protection of minors): Minors must respect teachers and other school staff, as well as the rest of their classmates, avoiding conflict situations and harassment in all its forms, including cyberbullying.