As indicated above, children are sometimes even killed in the process. It sometimes causes children to drop out of school and permanently damages both the psyche and education of the child. 3īullying is a global phenomenon that has the potential of impacting on children both physically and psychologically.
2 The same newspaper recently reported a very serious incident involving another school: this time a boy was killed at school in an incident where "ullying and eventual retaliation have been blamed for the death". Ironically, the school in issue displays a huge welcoming sign at the entrance of the premises proclaiming that it is a safe school where weapons are not allowed. A recent incident may be used as an example, where a twelve year-old boy was victimised and beaten up by a sixteen year-old with the result that the smaller boy was later too fearful to return to school. 1 Upon closer inspection it appears that the violence and "unruly" behaviour is often directed at a particular child victim and takes the form of bullying.
Bullying rough draft example code#
Keywords: Abuse best interest of the child bullying child justice children's rights code of conduct constitutional rights discipline educational context harassment harm offender protection orders restorative justice right to education victim violence.Īt a recent symposium hosted by a teachers' union, the Suid-Afrikaanse Onderwysersunie (SAOU), the fact that schools across the country are in the grip of violence was once again emphasised. In this context the relationship and interaction between the Protection from Harassment Act 71 of 2011, the Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the South African Schools Act84 of 1996 call for critical analysis. However, in terms of bullying in schools, the parties to these incidents are minors and therefore a critical analysis is necessary with regard to the rights of the victim and the offender. This new Act may grant relief to victims of bullying inter alia by providing for protection orders, and therefore adds to the legislative framework available to victims. The Protection from Harassment Act 71 of 2011 was signed and accepted into law on the 27 th of April 2013. A myriad of constitutional rights are infringed upon when bullying occurs, and the problem is escalating. In South Africa countless children fall victim to bullying, harassment and abuse at schools.
Email: in schools is a global phenomenon that has the potential to impact on children not only physically but also psychologically. Professor and Head of Private Law, University of Pretoria. However, her sudden and untimely death on 7 July 2014 brought an end to her research on the advantages of a restorative justice approach to bullying and her passionate efforts to curtail bullying in schools
Annelie Laas was enrolled for her LLD degree in the Department of Private Law at the University of Pretoria when she wrote the first draft of this article. The legislative framework regarding bullying in South African schools
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