Bullying and Italian Legislation From the Costitution…to the civil and penal safeguarding.

Bullying and Italian Legislation

From the Costitution…to the civil and penal safeguarding

The Italian Costitution

• The Constitution assigns to the State the task of promoting and fostering the full development of the human person by stating the following principles:

• Art.3 par.1: formal equality• Art.3 par.2: substantial equality• Art.33 par.1: freedom of teaching• Art.33 par.2: presence of statal schools• Art.34 par.1: free admission to the school system• Art.34 par.2: compulsoriness and gratuitousness of the

compulsory school• Art.34 par.3: the recognition of the right of studying

The Statement The guiding principles are expressed in the regulations, and are

directed to delineate steps and preventive actions in order to fight the phenomenon in all its manifestations

Ministerial Directive of 2007: guidelines and general

national actions to prevent and fight bullying

Green number: 800669696 to report cases, ask for information on the phenomenon, how to behave in critical situations

Elaboration and distribution of the regulation Code

concerning media communication and computer network

In every Regional Education Office, the constitution of permanent regional observers on bullying which will be multi-purpose center at the service of institutions operating on the territory

Ministerial Directive no. 1455/06 Students have the right:

1.of being informed about the decisions and rules that regulate the life of the school,

2.of taking part actively and responsibly

in the life of school. With the adoption

of the Guidelines, the Ministry

wants to promote a plan to raise

awareness of school staff and families

and a greater involvement of students

Civil and penal safeguards

• Penal Code: juridical recognition of persecutory and unconscionable conducts

• Art. 612: …decisive forms of the phenomena of Stalking. Nevertheless they can be applied in cases of bullying, because currently there is no legislation for bullying

Bullying and stalking

Common denominator is: the behavioral dynamics which, if serious, in fact destroy the quality of life of the victims, precipitating them in an atmosphere of anxiety, fear, depression and plummeting self-esteem

CRIMES RELATED TO BULLYING

- Punishable offenses (Criminal Code)- beating (art. 581 C.P.)- personal injury (art. 582 C.P.)- injury (art.594c.p.)- defamation (art. 595 C.P.)- domestic violence (art. 610 C.P.)- threat (Art. 612 C.P.)- damage (Art. 635 C.P.)

Criminal Code Art. 357 "the teacher as a public official"

• Teachers have duties and powersbecause they represent the government in which the state is structured

• Teachers, as every other public official, are obliged to report the crime of which they have knowledge in the exercise of their functions to the Judicial Authority

• Non-compliance to this obligation implies a penalty against the officer called to answer for a crime, integrated by its specific omission

Teachers’ RESPONSABILITIES

There are different kinds of responsabilities:

CIVIL: when you are responsible for an event causing damage to third parties resulting obligation to pay compensation to the injured party;PENAL: when an offense is committed and the law provides for the payment of a penalty that may involve the restriction of personal freedom (arrest or imprisonment) or may be of a financial character (fine or penalty).

The responsibility of teachers is limited in time and geographical area. Out of the school and the school time, parents and other people with parental autorithy are responsible for students, if students are underage

WHO IS RESPONSIBLE, WHO PAYS?

Art. 2043 of the Civil Code"Any malicious or negligent act, which

causes unjust damage to others obliges the one who committed the crime to pay

compensation.“ - age bully: in this case the responsibility is

only of him- minor bully: the fault lies within the limits of its capacity of consent

• Article. 2047 of the Civil Code regards the damage caused by those who are "incapable of discernment"In this case, the compensation is set against those who had kept surveillance, unless you feel that it could not prevent the fact

• The art.2048 of the Civil Code, however, indicates teachers as "tutors".Tutors and those who teach a craft or an art are responsible for the damage caused by the persons mentioned in the preceding paragraphs are released from liability only if they can prove that it could not prevent the fact. "

I.C. MARCO ULPIO TRAIANOROMA