- Suggestion for passing the law and establishing a clear legal framework for the protection and prevention of school bullying.
Q: I recently read another interview
you had about school bullying and the example of the Public
Kindergarten where the Kindergarten teacher of that school through
a course taught children how to respect diversity in people. Is
this indeed a problem confronting our children in
schools?
Re: It is a multidimensional and complex problem
that blights the Cypriot society, called in English bullying i.e.
bullying is the social scourge that at the present time manifests
in anti-social behavior between different social groups. Bullying,
if I can venture to describe it in terms of aggressive behaviour,
does not merely focus on the adult societal groups in the strict
sense of the law, but appears mostly in the younger age groups of a
society. This issue on legal grounds continues to concern us in
Cyprus, often, and especially regarding the legal protection of
children who are suffering from such unlawful behaviour from their
abusers which make them victims - with severe and serious
repercussions within the school boundaries.
Q: In what ways is school bullying
experienced?
Re: Bullying in the strict sense of the term is
aggressive behavior emanating from the abuser's personal
characteristics, and displayed in the following ways: physical,
verbal, psychological or social violence, which manifests in
deceiving, sudden, unprovoked and usually repeated behaviour that
usually takes place in a familiar and secure environment where the
person experiencing the bullying spends most of his time, such as
the school, the University, the military, prisons, the workplace,
with the result that it often reaches the media and the social
network. The abuser (whether an adult or a minor) attempts to
enforce and cause moral, psychological pain, mental shock, creating
fear and using any means to achieve the purpose of causing
emotional and physical harm against the targeted person, or even a
group of persons who suffer, often forcing the victim to do things
where he hurts himself.
Q: Are there many serious incidents of
school bullying in Cyprus?
Re: Extreme incidents of severe school bullying
have taken place, the latest bullying cases being the one in Greece
of Vangelis Giakoumaki as well as the recent case on Cypriot soil
with the learner who had to be hospitalized, after being severely
beaten, and in general there are frequent incidents of students who
even attempt and commit suicide or are publicly humiliated, as well
as numerous resonant cases that have shaken the society and have
had to be resolved through the courts.
Q: Are countries criminalizing the
so-called act of bullying?
Re: In Greece because of the unfortunately
frequent and severe cases recorded, the present Government has been
forced to consider and modify the existing criminal legislation
governing intimidation and has adopted the amendment of article 312
of the Criminal Code. The frequent serious incidents that have
occurred has led to criminal charges being laid of intimidation by
"bullying" and to measures being taken such as the
establishment of independent authorities who are addressing this
issue, including monitoring of online media.
In modern Cyprus where a strong family link is still valid, the
increasing incidence of school bullying is causing turmoil which
intensifies the responsibilities of both the society and the
State.
Q: Is there a legal framework in Cyprus
to address violence?
Re: Unfortunately, at international, European and
local levels there is no specific legal framework or policy
framework with regard to addressing violence in schools, only
preventive measures, without a clear section outlining legal
protection for victims.
The Government and competent bodies including teachers and police
agencies are mobilised and I can say that there is a special
awareness on the subject with various social campaigns.
Nevertheless, there is no specific law or amended existing criminal
law which imposes legal rules and penalties to prevent and tackle
such anti-social behaviour affecting young people and children and
shaping tomorrow's society.
Q: But are there core Articles for the
protection of human rights that include
intimidation?
Re: Violence through bullying amongst the youth
violates the fundamental right of the individual to respect of
human dignity and physical integrity. Many international
organizations and European institutions endorse the explicit
prohibition of such illegal acts that harm the mental and physical
health of children which naturally constitute a violation of the
rights of the child and his right to internationally recognised
equal protection measures.
As a person in a society such as Cyprus, minors are protected and
are subject to constitutional rights. Articles 7, 8, and 11 of the
Cyprus Constitution, put emphasis on the protection of individuals
with regard to the right to life and physical integrity, to not
being treated harshly or in a degrading way, and furthermore the
right of freedom and personal security.
At the international level, the International Convention on
Children's Rights and specifically Article 37 provides for the
protection of children in not being subjected to torture or other
cruel, inhumane, degrading punishments or treatment.
At European level, the European Convention on Human Rights (ECHR)
on the issue of conditions, provides for the safeguarding of
physical integrity and general respect for the honour and dignity
of the individual.
The gap is filled in the revised European Social Charter in Article
17 where it includes specific reference to the protection of
children and youth in general from situations of neglect, abuse or
exploitation.
Q: What do you think needs to be done
to eradicate this phenomenon?
Re: Bullying merits taking specific preventive
tactics, over and above awareness by information, and to ban and
eliminate acts of harassment by the passing of legislation, to
protect the victim and to let the perpetrator know that he will
suffer the consequences of infringing such legislation. Therefore,
it is imperative to establish a clear legal framework for the
protection and prevention of school bullying and all kinds of
intimidation and adopt a reliable intervention technique.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.