At school, children often face manifestations of aggression, bullying and bullying. Most often, the initiative comes from the same schoolchildren — The reasons can be very different: appearance, behavior, dissimilarity to others. However, bullying occurs not only among children — There are situations when teachers deliberately offend and humiliate students in every possible way. What is bullying and how to stop the inappropriate behavior of a teacher, a lawyer told aif.ru.
What behavior of a teacher can be considered bullying?
Lawyer Anastasia Popova defined bullying for aif.ru as one of the forms of moral violence. “The specific concept of “bullying” not in the law, but from judicial practice it is possible to form a list of actions that the courts consider moral violence, regardless of whether they are committed at school or elsewhere:
- demonstrative hostility;
- aggression and rudeness;
- unfounded criticism;
- constant remarks;
- higher demands that do not meet general requirements, age or the level of education of the child;
- specific aggressive actions: threats, intimidation, name-calling, humiliation, inciting others against the child”, — a lawyer told aif.ru.
The expert explained that respect for the honor and dignity of any person — first of all the constitutional duty of everyone. The law on education imposes similar requirements on each participant in the educational process. Any act done systematically that violates this principle of respect for other people may end up being bullied.
How to deal with teacher bullying?
According to Anastasia Popova, the first and main rule in the fight against bullying — record precedents for such behavior. The best way — keep an audio recording. “This method of recording is more preferable, since video recording can only be made with the consent of those present. It is important to report cases of inappropriate behavior on the part of the teacher. The rule “whoever complains first is right” works here, because silence — sign of no claims. The first thing a parent can do is — discuss the situation with the teacher, for example, in a messenger chat. Correspondence can become evidence of the systematic inappropriate behavior of the teacher in the event of a repetition of the situation. If the teacher does not respond — complain to the school management, if necessary in writing. If the management does not take any measures, then complain to the educational authorities that the school does not react in any way to what is happening, — the lawyer commented.
The expert also focused on the importance of discussing conflict situations with children — you need to teach children not to be silent and tell their parents about such cases, explain the difference between snitching and protecting their rights and interests, personal boundaries.
“Teachers must respect the honor and dignity of students and other participants in educational relations. Teachers must comply with the moral and ethical standards and requirements of professional ethics. Any non-academic comments that are not related to the educational process, — violation of professional ethics. If a teacher periodically and systematically allows such behavior, then yes, this is a violation of ethics, a violation of professional duties. The Labor Code even has a separate ground for dismissal for employees performing educational functions (this includes teachers): committing an immoral act. Bullying, of course, can be included here, », — explained Anastasia Popova.
The lawyer drew attention to the fact that all the listed measures of influence can and should be applied only on the condition that this is not a one-time comment, but systematic and absolutely unacceptable and abnormal actions.
Is it possible to get compensation for non-pecuniary damage from a teacher who bullied a child?
The expert stressed that it is possible to receive monetary compensation for moral suffering only in court and if there are serious grounds. “This is possible if for these purposes the parents are ready to go to court and there is confirmation of the facts of bullying. I emphasize: mockery — this is a criminal offence. It is important to correctly and adequately assess the actions of the teacher. If his behavior towards the child really falls under the criminal law concept — of course, it is possible and necessary to demand compensation for moral suffering, », — Anastasia Popova commented.
The lawyer drew attention to the fact that today the amount of compensation for non-pecuniary damage depends on the discretion of the judge and his assessment of the proven moral suffering. “The amount of compensation for moral damage — not a significant amount. Usually they award from one to 20 thousand rubles, depending on the severity of the consequences, », — she explained.
Is bullying common among schoolchildren?
According to the statistics given in an interview with Rossiyskaya Gazeta, Commissioner for Children's Rights under the President of Russia Anna Kuznetsova, 55% of schoolchildren were bullied. Children are humiliated and shown aggression in their direction not only by their peers and older students, but also by teachers. As Daria Nevskaya, an expert in the field of parent-child relations, the creator of the site mobbingu.net, dedicated to the problems of persecution and bullying in adolescence and in cyberspace, told news.ru: “For some reason, teachers believe that they have the right to call children &ldquo ;idiots”, “idiots”, day after day inspiring them that “they are good for nothing”, that “will not achieve anything in life””.
Lawyer Anastasia Popova commented on this situation to aif.ru: “We are talking about teachers who really do terrible things to students. Of course, there are such precedents. But we must also not forget that there are many good and adequate teachers, and they do not allow themselves inappropriate actions that can be attributed to such serious things as harassment and bullying. They suffer much more from children who behave inappropriately, violating their duties, from parents who do not educate their children. Information on combating bullying must be used in good faith and remember that all participants in the educational process have rights and obligations. Respect teachers who, by law, have a special status — teacher, — This is the responsibility of students and their parents. There are even more cases when teachers suffer from parents and children than episodes of teachers bullying children.
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