The British and Spanish law about bulliying 2017
Transcript of The British and Spanish law about bulliying 2017
BULLYING: THE LEGALITY IN SPAIN
AND U.K.
ANA, CANDELA &TELVA 4º BILINGUAL E.S.O.
HUELIN 2017
BULLYING IN U.K.
BRITISH LEGISLATION
Children Act 1989 Section 89 of the Education and Inspections Act 2006 The Independent School Standards Regulations 2010 The Equality Act 2010 Education Act 2011 the Malicious Communications Act 1988
DEFINITION OF BULLYING
• The repetitive, intentional
hurting of one person
or group by another person
or group, where the
relationship involves an
imbalance of power.
(The Anti-Bullying Alliance)
• Bullying can be physical, verbal or psychological.
• It can happen
face-to-face or
through cyberspace.
DEFINITION OF BULLYING
DEFINITION OF BULLYING
Is there any legal definition of bullying?
There is no legal definition of bullying.
• The Department for Education (DfE) has prepared guidance for all schools to prevent bullying : https://www.gov.uk/government/publications/preventing-and-tackling-bullying
Schools duties
Schools duties
The law says that school has to protect all its members and provide a safe and a healthy environment.
Section 89 of the Education and Inspections Act 2006
• schools must take measures to encourage good behaviour and to stop bullying.
• These measures must be communicated to pupils, school staff and parents.
• “The measures must be written
in a document”.
• Pupils should participate in the process of taking measures and supervising the anti-bullying policy of the schools. (The Article 12 United Nations Convention on the Rights of the Child 1989).
Section 89 of the Education and Inspections Act 2006
The Independent School Standards Regulations 2010
• It says that the proprietor of an Academy or other independent school must ensure that they have an effective anti-bullying strategy too.
Section 89 clause 5 of the Education and Inspections Act 2006
• The Department for Education (DfE):
Head teachers have the legal power to make sure pupils behave correctly outside of school (state schools only) .
• For example: public transport, outside the local shops, in a town or village centre.
Curiosity
Education Act 2011:
• Schools can search a student’s property.
• Schools don’t need child’s consent if they believe that serious harm will be caused to a person If the search is not
carried out immediately.
Children Act 1989
• You must go to the children’s social services and report it If you believe that a child is suffering, or is likely to suffer, significant harm.
curiosity
The Equality Act 2010
It is against the law to discriminate or because of:
- age, sex, religion, believes, disability, race,
- being pregnant or having a child
- transsexualism
- marriage or civil union
Curiosity
• A person is protected from discrimination:
• at work
• In education
• Etc…
• https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools
The Equality Act 2010
Curiosity
Cyberbullying and the law
• The Head Teacher has the power ‘ to such an extent that is reasonable’, to regulate the conduct of pupils when they are outside the school. (the Education and Inspections Act 2006).
• They also have additional power to confiscate any kind of electronic device. (The Education Act 2011).
Curiosity
• Some Cyberbullying activities could be criminal offences under different laws, including the Malicious Communications Act 1988 and the Protection from Harassment Act 1997.
Cyberbullying and the law
the Malicious Communications Act 1988
• It is an offence:
a) when a person sends to another person a letter, an electronic communication or an article with: – a message that is indecent or grossly offensive.
– A threat.
– A false information.
b) That person must have the purpose of causing anxiety or distress.
Curiosity
Hate crimes
• It is a hate crime when a person says something that it is perceived by the victim, or any other person as:
-racist -homophobic - transphobic (discrimination against transsexual) -Or because of a person’s: -religion -beliefs -gender identity or -disability
• A hate incident : the victim or any other person perceives the incident to be motivated by hostility or prejudice towards any aspect of his/her identity.
• Contact Stop Hate UK if you think that a child or young person in your school might have been victim of a hate crime/incident.
http://www.stophateuk.org/ or you can call 0800 138 1625.
A hate incidents
WEBGRAPHY
• http://www.legislation.gov.uk/
• https://www.gov.uk/bullying-at-school/the-law
BULLYING IN SPAIN
SPANISH LEGISLATION
DEFINITION OF BULLYING
• It is physical, verbal or psychological abuse that happens between pupils repeatedly and for a long time.
• Acting with violence,force • Having the intention of hurting (harm
threaten and scare) • Aggressive actions repeatedly
WAYS OF ACTING
• Individually • Collectively • Cyberbullying
SOLUTIONS IN SCHOOLS AGAINST
• The R.O.F.: Bullying is considered as a serious behaviour and the bully can be expelled from the Centre
SPANISH LEGISLATION THAT PROTECT THE VICTIMS
• Convention of the Rights of the Child
• Spanish Constitution
• Penal Code
• Organic Law of Criminal Responsibility of
Minors (LO5/2005)
JUDICIAL SOLUTIONS
A) If the bully/stalker is under 14:
He is not criminally responsible.
Only the R.O.F. is applicable.
B) If the bully/stalker is older than 14 but younger than 18:
He may be criminally responsible according to the LORPM and
civil responsible too, BUT:
The minor will not go to jail
Security Measures will be taken: the minor will have to go to a
Specific Center for Minors and pay compensation.
C) If the stalker is older than 18:
He may be accused of bullying which is a specific criminal
offense in the Spanish Criminal Law.
INSTITUTE, SCHOOLS, TEACHERS AND TUTORS
• They may have to pay compensation in the case they are responsible: “Culpa in vigilando”.
Ana Gómez Telva Fernández Candela Roji