Marco Legal Contra El Bullying

16 CONDITIONS AND JUSTICE IN THE ENFORCEMENT OF CUSTODIAL SENTENCES: The enforcement of custodial sentences is aimed at the reintegration of the minor into his or her free environment. Therefore, we must aim to strengthen respect for the rights of others and to comply with the process of formal education. Young people are subject to disciplinary rules aimed at ensuring the order and security of the centres, but with full respect for their dignity and rights. This means that the sanctions are legal; the ultimate use of force; prohibition of degrading, cruel or degrading treatment; the obligation to separate from adults, etc. Schools can face serious consequences if they fail to protect students. Henkle v. Gregory, a Nevada case, was settled in 2002 with a $450,000 settlement, even though no state law at the time specifically addressed bullying of children in schools. Nabozny v. Podlesny, a case in the state of Wisconsin, was settled with a settlement of nearly $1 million. In Nabozny, a federal appeals court ruled that school administrators can be held liable for discrimination against homosexuals, regardless of the provisions of the laws of the federal constitution. 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.

With regard to national legislation, three legal acts regulate these situations to a greater or lesser extent: the Spanish Constitution of 1978 (Articles 27 and 15), the Organic Law on Education and Royal Decree 732/1995 of 5 May, which establishes the rights and obligations of pupils and the rules for coexistence in schools. 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. For Pablo López, a psychologist specializing in sexual and gender diversity and living in Madrid, Spain, bullying at school is such a serious problem that it can lead to suicide, so it is important to have a legal framework to deal with it. 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: We can define bullying as bullying, usually in school, that involves continuous, repetitive actions temporarily, consisting of degrading treatment, physical or psychological, and a group or individual that causes a disability to the person suffering from it. Legislation NN Convention on the Rights PROHIBIT ALL VIOLENCE AGAINST CHILDREN The protection of children and adolescents from all forms of violence is an explicit mandate that defines the law as follows: “negative, intentional, methodical and systematic behaviour of aggression, intimidation, humiliation, ridicule, defamation, coercion, isolation, threat or incitement to violence or any form of psychological violence, verbal, physical or electronic abuse of a child or youth by a student or others with whom the student maintains an asymmetrical balance of power that occurs repeatedly or over time.” Everything we need to know about the legal framework for the protection of our children can be found in the Organic Law for the Protection of Children and Youth (LOPNA). Although it contains no direct mention of any form of harassment or intimidation, it creates a framework of rights, obligations and sanctions that can be applied by criminal courts.