Bullying: A problem to overcome at early age. Legal considerations

Modernity has revealed a situation that may have been going on for a long time, but that had not taken off as much force or perhaps had not been denounced with such intensity. Bullying is a problem that affects several children and adolescents around the world, regardless of social class, school performance, race or sex. Feeling rejection or being a victim of verbal and even physical aggressions has a serious impact on the physical, moral and mental integrity of early ages, when coexistence should be forged in love, empathy and values.

What is bullying?

Bullying refers to the deliberate and continued physical or psychological abuse that a child or young person receives from another or others, with the intention of subjecting and intimidating them to obtain a favorable result for the bullies or to satisfy in them the need to attack others. This harassment implies a continuous repetition over time of mockery and aggression, to the point of causing social exclusion of the affected individual.

Data from the Foundation Ayuda a los niños y adolescentes en riesgo in Spain (Anar) for 2017 revealed that the profile of victims of this situation is usually located in individuals aged about ten and is suffered equally by boys and girls. The figures also showed that the consequences can be very serious when school bullying is prolonged over time, as nine out of 10 affected suffer from psychological disorders such as anxiety, depression or permanent fear, while in 8.2% of recorded cases Spanish suicide attempts have been made by the Spanish foundation.

The studies carried out by the Bullying without Borders (Bullying sin fronteras) organization warn that in Latin America seven out of every 10 children are victims of this siege in the academic space.

Actions to stop the harassment

Undoubtedly, bullying is a disturbing factor in the lives of children and young people of school age. Some countries and regions of the world have taken action to address this situation prevent it specially in the classrooms, which together with the home are quintessentially the spaces of this age group.

In Spain the students of the educational centers have established some basic rights whose intention is to act legally against this situation of abuse. The measures are contemplated in the Organic Law regulating the Right to Education (Ley Orgánica reguladora del Derecho a la Educación-Lode) and broadly offer protection to identity, integrity and personal dignity. In the same way, the regulation defines the right to dedication, effort and academic performance to be objectively recognized, as well as the possibility of receiving educational and professional guidance in any required area.

Freedom of thought, religious and moral convictions is also clearly respected in the legal statute that also guarantees the right to participate in the functioning and life of the educational center. The legal instrument also considers the protection of physical, moral and mental integrity not only when referring to possible damages caused by employees of the educational center, but also of the students themselves. Spanish jurisprudence also requires the supervision of the Administration of educational centers to avoid physical and moral aggressions among children, since the occurrence of these events may lead to the application of sanctions to the responsible academic institutions.

In Latin America, it has been requested to gather efforts in a more forceful way to stop these situations that undermine the integral development of individuals from early ages. However, it has not had the political and legal will to give an effective response to these situations. With that in mind, the Rapporteur on the Rights of the Child of the Inter-American Commission on Human Rights, Esmeralda Arosemena de Troitiño, invited the countries of the region to put into practice the guiding principles on the rights of children and adolescents and insisted on the need to redouble efforts to eliminate all types of aggressions and violent events against this group, including bullying.

The office in this area has identified bullying as responsible for the negative effects on the right to education, as it increases dropout rates and school absenteeism.

How to identify the occurrence of bullying?

These actions can account for the presence of a situation of harassment in classrooms:

  • Sudden and without apparent reason changes in the child’s behavior that may include changes in mood.
  • Episodes of sadness, crying or constant irritability.
  • Alteration in sleep rhythm and frequently occurrence of nightmares. Appetite loss may also occur.
  • Headaches, stomachache or any physical somatic discomfort.
  • Frequent loss of implements and school supplies.
  • Appearance of bumps, bruises or scratches on any part of the body.
  • Refusal to go to school or to share with your classmates. Social isolation.

In the case of Venezuela, the Councils for the Protection of Children and Adolescents establish the effective procedures for the preservation of the rights of children and adolescents.

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