1 Bullying in the school environment and its forms

The problem of bullying is one of the most common socio-pathological phenomena in the school environment. The European report on the prevention of child maltreatment, published by the WHO Regional Office for Europe (WHO/Europe) in 2013, says that bullying perpetrated by children (often by groups of children) against other children is currently one of the most common types of violence among children. It contains physical, psychological and, in the case of older schoolchildren, sexual violence. Our practice shows that it not only hurts the victims' immediate integrity, but often has long-lasting effects on their overall development, education and social inclusion. Bullying can be specified as an intentional action directed against another subject (individual, group), the aim of which is damage to health (mental, physical) and pressure against his human dignity. It is an action characterized by an imbalance of power between the aggressor and the victim and repeated, deliberate attacks aimed at physical or psychological harm, aggression. (Kolář, 2011) The Research Institute of Child Psychology and Pathopsychology also documents this unflattering situation with the following findings (2002-2003):

  • of the 2,776 seventh and eighth graders interviewed (the research was carried out in 20 elementary schools in Bratislava, Košice, Námestov and Dolní Kubín), up to 44% of them admitted that they were victims of bullying.
  • almost 31% of children do not confide in anyone about their troubles. Of the less than 70% of bullying victims who find the courage to do so, almost half (49%) complain only to friends and classmates, only 33% tell their parents and 13% of bullied children seek help from teachers.
  • the most dangerous places for bullying are classrooms during breaks, which was stated by 39% of respondents, followed by children in corridors (24%). On the contrary, children feel safest in cafeterias (only 4% mentioned them as a place where they became a victim of bullying).
  • Up to 60% of bullying cases were reported by teachers.

With the development of information and communication technologies, bullying has also been transferred to this area. Electronic bullying (cyberbullying), cyberbullying, is defined as the misuse of mobile phones and the Internet to send aggressive and hateful messages for the purpose of intimidating their recipient. (www.zodpovedne.sk) The Internet environment provides great opportunities for these activities. Its disadvantage is high anonymity, which facilitates this activity. The aggressor aims to attack other users of mobile phones or the Internet. An electronic bully experiences a sense of satisfaction when he can scare, upset and unsettle another person by sending inappropriate text messages and emails. In this case, it is not his physical strength that is important, but the ability to use a computer, mobile phone and the Internet. Insidiousness of this kind bullying is also that it can be continuous and its potential victims can be a large number of internet and mobile phone users.We believe that in some cases it can have a much deeper impact on the victim than physical bullying.

1.1 Signs and degrees of bullying

Pedagogical workers should be oriented in the issue of bullying, know its types and signs, be able to identify manifestations in order to implement measures and prevention. With the help of these signs, J. Verbovská (2000) distinguishes individual degrees of bullying:

1st stage – birth of ostracism - more dominant individuals appear in the group, but also less popular, indistinct, withdrawn individuals. They will find themselves on the so-called the sociometric tail of the group and will be the first to experience the elements of bullying. This phenomenon is called ostracism. In the beginning, these are inconspicuous mild forms - mostly psychological violence, non-recognition, ignoring, exposure to ridicule, etc. 2. level – physical aggression and hardening of manipulation - arises in difficult situations, when group tension increases, where ostracized individuals begin to serve as a valve on which the leaders react. Growing into the second degree can also occur when boredom is banished or if several aggressive individuals gather in a class and start hurting the weaker ones in order to gain a dominant position. 3. stage – the key moment of the creation of the core of the group – the group creates an aggressive core of the group and its members begin to systematically cooperate and develop forms of aggression. They preferentially attack weaker individuals and expand the circle 4. degree – the majority accepts the norms of the aggressors – a subgroup of the aggressors acquires a dominant position and influence. Norms and practices are accepted (mainly out of fear) by the majority of group members and become unwritten law. 5. stage – totality, perfect bullying – this is the stage of exploitation, the group is divided into "slavers" and "slaves". Leaders cause pain, misery. Originally neutral and disapproving of violence, they are becoming more and more conformist, and themselves (increasingly) actively participating in organized violence. The ideology of violence is accepted.

To facilitate the process of diagnosing bullying in the school environment, we recommend paying attention to the manifestations and symptoms of this phenomenon in direct and indirect form.

Direct signs of bullying:

  • ridicule, derisive remarks directed at the child, humiliating nicknames, insults, humiliation, rude jokes at his expense. The decisive criterion is to what extent this child is a specific nickname, "fun", etc. vulnerable
  • criticism of the child, reproaches directed at him, especially if they are sold in a hostile, even hateful, or contemptuous tone,
  • commands that the child receives from other children, especially if they are given in a domineering tone and the fact that the child obeys them,
  • chasing, pushing, poking, punching, kicking, which may not be particularly strong, but it is noticeable that the victim does not return them,
  • fights in which one of the participants is clearly weaker and tries to escape (smaller child sometimes crying).

Indirect signs of bullying:

  • the child is often alone during breaks, others are not interested in him, he has no friends,
  • in team sports, the child is usually among the last to be chosen for the team,
  • seeks the proximity of teachers during breaks,
  • if the child has to speak in front of the class, he is uncertain, afraid,
  • looks sad, even depressed, unhappy, cramped, close to crying,
  • his school performance deteriorates, sometimes suddenly,
  • his things are damaged or destroyed, or scattered,
  • has dirty or damaged clothing,
  • abrasions, bruises, scratches or cuts that the child cannot satisfactorily explain.

The consequences of the fourth and fifth degree of bullying are very serious, affecting the entire personality. In the case of long-term brutal bullying, the victim often collapses and acquires a panic fear for his health and life, suffers from sleep disorders, night terrors, psychosomatic problems such as fatigue, nausea, headaches, abdominal pain, suffocating asthma attacks and the like. It may happen that the victim is not able to continue his studies even after being transferred to another school.

The teacher and especially the parent can notice the following symptoms in the victim:

  • classmates or other friends do not come home to see the child,
  • the child does not have a single friend with whom he would spend his free time or talk on the phone.
  • the child is not invited to visit other children,
  • unwillingness to go to school in the morning (especially if the child liked school before). The child postpones leaving the house, or, with more careful attention, he shows fear. Loss of appetite,
  • the child does not go to and from school by the shortest route, or alternates between different routes, asks to be brought and taken away by car,
  • the child comes home from school hungry (the aggressors take his lunch or money for lunch),
  • falls asleep crying, has restless sleep, screams from sleep,
  • the child loses interest in learning and the ability to concentrate,
  • the child is often sad or apathetic at home, or there are mood swings, mentions of possible suicide. He refuses to confide in what troubles him,
  • the child asks for money, giving implausible reasons (e.g. repeatedly says that he lost it), or steals money at home,
  • the child noticeably often reports the loss of personal belongings,
  • the child is usually, unexpectedly aggressive towards siblings or other children, perhaps shows malice towards parents,
  • the child complains of vague stomach or headache pains, maybe vomiting in the morning, tries to stay at home. He may exaggerate his health problems or simulate them,
  • the child stays at home more than usual.

1.2 Actors of bullying and violence

Self-confident, fearless, physically fit boys and girls often commit bullying. They may, however, suffer from feelings of inferiority, envy their friends' success in schoolwork. The aggressor is dominated by the desire to dominate, control others, recklessly assert himself, harm, and is easily offended. Through violence, the aggressor imposes on the victim attitudes, ways of thinking and acting that the victims would not voluntarily accept. They persuade, cheat and manipulatively lead their classmates to unfree decisions.

A student or a group of students exposed to repeated violence and repeatedly exposed to the negative behavior of one or more classmates can be considered a victim. Any of the children can become a victim, the most at risk are children who have been the object of aggression by others for a long time, a child who came from a different collective, has a certain difference (handicapped), an advantage (excellent grades, school success, good relationship with a teacher), from a socially weak family, a different race. A child who is physically weak and clumsy with the inability to defend himself, who avoids sports, a child who is excessively protected by his parents, where their excessive care did not teach him independence and asserting himself in the collective, can also be a victim of bullying. Children at high risk are from families with an unfavorable socioeconomic status, where the family reduces the possibility of defending the child, with a high level of tolerance of violence in the family, open aggression in the family. A smaller group of victims are provocative victims who provoke anger or tension in their surroundings, are often hyperactive, provoke negative reactions and subsequently become victims of violence themselves after crossing the border.

The victim may experience consequences in social and personal adaptation:

  • inattentiveness during teaching,
  • deterioration of performance,
  • tendencies towards unjustified absence,
  • self-evaluation disorders and disturbed, negative self-concept,
  • general uncertainty and ever-present fear.

The consequences of bullying depend on the level of defensiveness of the victim, the duration and form of aggression. The victim's needs are often not met at school for a long time, his relationship with the school is negative.

2 Criminal law aspect of bullying

Bullying and violence is undeniably a serious socio-pathological phenomenon, the re-education and re-socialization of which is very difficult. It is necessary to inform the students that these forms of behavior are not harmless humor, entertainment, but can fulfill the factual essence of a misdemeanor or criminal act.

The Misdemeanor and Criminal Codes do not recognize the factual nature of the misdemeanor or criminal offense of "bullying". From the point of view of the misdemeanor law, bullying pupils can fulfill the factual essence of an offense against civil cohabitation (§49) and an offense against property (§50). From paragraph 49, in connection with bullying, we select:

An offense against civil coexistence is committed by anyone who:

  • harms the honor of another by insulting or ridiculing him,
  • causes injury to another due to negligence,
  • intentionally disrupts civil coexistence by threatening bodily harm, minor bodily harm, false accusation of a misdemeanor, consent or other rude behavior.

A property offence (§50) is committed by anyone who intentionally causes damage to someone else's property by theft, embezzlement, fraud or destruction or damage to an item from such property or attempts to do so. (damage up to 266 Euros) Whoever was under the age of fifteen at the time of its commission is not responsible for the offence.

Bullying falls under the category of several crimes, which the actors of bullying are rarely aware of. Bullying is directly affected by §189 - blackmail, §192 - coercion, §155-157 - bodily harm, §212 - theft, §215 - unauthorized use of another's property, §360 - dangerous threats and §365 - disorderly conduct.

Blackmail is defined by §189 as a crime committed by a person "who forces another to do, omit or suffer something by force, threat of violence or threat of other serious harm." The perpetrator of this crime shall be punished by imprisonment for two to six years. The offender will be punished by imprisonment for four to ten years if he committed this act, for example, against a protected person (e.g. a child - a person younger than eighteen years of age, if he did not reach the age of majority earlier), if he committed it with a weapon (a weapon is anything that can make an attack against the body more forceful), out of revenge.

Coercion is defined by §192: "whoever forces another to act, omit or suffer by abusing his material need or urgent non-property need, or distress caused by his unfavorable personal circumstances, shall be punished by imprisonment for up to three years." The offender shall be punished by imprisonment for one to five years, if he commits the said act, e.g. on a protected person, with a weapon, out of revenge. Imprisonment for four to ten years shall be imposed on the offender if he commits the said act in such a way that he causes serious bodily harm or death or causes significant damage.

Harm to health - §155, paragraph 1) "who intentionally causes serious injury to health, shall be punished by imprisonment for four to ten years. Paragraph 2) The offender shall be punished by imprisonment for five years to twelve years if he commits the act referred to in paragraph 1 in a more serious manner, on a protected person, or for a special motive. Paragraph 3) by imprisonment for the offender shall be punished for ten to fifteen years if he commits the act referred to in paragraph 1 as a member of a dangerous group or in a crisis situation. §156, paragraph 1) Whoever intentionally injures another person shall be punished by imprisonment for six months to two years. Paragraph 2) the offender shall be punished by imprisonment for one year to three years if he commits the act referred to in paragraph 1 on a protected person or from a special § 158 Anyone who negligently injures the health of another by violating an important obligation resulting from his employment, profession, position or function or imposed on him by law shall be punished by imprisonment for up to one year.

Theft - §212, paragraph 1) "whoever appropriates someone else's thing by taking it and causing so little damage, shall be punished by imprisonment for up to two years. In connection with the issue of bullying from paragraph 2) I choose "the same as in paragraph 1, whoever appropriates someone else's thing by seizing it and commits the act by breaking and entering shall be punished immediately after the act tries to keep a thing by force or threat of immediate violence, the act of committing a thing that another person has on him or with him, has been affected for a similar act in the previous twelve months. Forcible taking of a thing (money, food, clothes, toys) even of small financial value can be qualified as a crime of robbery - §188, paragraph 1 - "whoever uses violence or the threat of immediate violence against another in with the intention to seize someone else's property, shall be punished by imprisonment for three to eight years." The decisive factor is the very fact that violence was used and not the amount of material loss.

From §215 - Unauthorized use of someone else's property, we select "whoever seizes someone else's thing of small value with the intention of temporarily using it or who causes minor damage to someone else's property by temporarily using the thing entrusted to him without authorization, shall be punished by imprisonment for up to one year." (small damage means an amount from 266 EUR to 2660 EUR).

Dangerous threats §360 – Whoever threatens another with death, serious bodily harm or other serious harm in such a way that it may arouse reasonable fear, shall be punished by imprisonment for up to two years. The offender shall be punished by imprisonment for six months to three years if he commits such an act in a more serious manner, on a protected person, in order to frustrate or make it difficult for another to exercise his fundamental rights and freedoms, for a special motive, or publicly.

Bullying can very often take the form of the crime of riotousness according to § 364 - who commits verbally or physically, in public or in a place accessible to the public, gross indecency or disorder, in particular by: attacking another, defaming a state symbol, historical or cultural monument, rudely disrupting a gathering of citizens or the course of a sporting or cultural event, or causing public outrage by performing sexual intercourse or performing sexual exhibitionism or other pathological sexual practices, shall be punished by imprisonment for up to three years. The offender shall be punished by imprisonment for six months to three years if he commits the said act for a special motive, in a more serious manner, or in the presence of a group of persons under the age of eighteen.

It is important to remember that when the perpetrators are children under the age of 14, they are not criminally responsible. Criminally responsible is not someone who was not sane at the time of committing the crime (§ 12).

Criminally responsible is the one who, at the time of committing the crime, has turned 14 years of age. But that doesn't mean they can't be affected in other ways. In cases where normal educational procedures are not effective, it is necessary to contact the social curator of the relevant Office of Labor, Social Affairs and Family. The curator is entitled, in serious and justified cases, based on the investigation, to issue a preliminary measure to place the child in the relevant institution. This measure is valid until the proper judgment of the court is issued. We know from practice that implementing these measures is difficult.

Parents commit a criminal offense (§211) if they allow their child to lead a carefree or immoral life in the case of neglect of education (wandering, staying overnight, antisocial behavior).

A teacher or educator who becomes aware of a case of bullying and does not take any action in this regard is exposed to the risk of criminal sanctions. By such an action, the pedagogical employee can also fulfill the criminal offense of failure to prevent a crime or failure to report a crime. If there is a suspicion that bullying constitutes a misdemeanor or a criminal act, the school principal is obliged to report this fact to the relevant department of the Slovak Police. Schools are also obliged to notify the social and legal protection authority without undue delay of facts that threaten the pupil or that the pupil has committed a criminal act or repeatedly committed offences.

Educators should contact the social curator and the police when dealing with this issue, since in bullying they may "only" encounter threats, but if the aggressor arouses reasonable fear in another and the consequence is an adverse psychological effect on the victim, it is also a criminal act (dangerous threats). Although it may seem banal to an adult, the child suffers psychologically from it and permanent consequences are also possible.

Conclusion

The factors of violence rest on the whole complex of determinants. We attribute a very important role to the family and the socio-economic situation, in which the socialization of youth takes place, the acquisition of social values, roles and patterns of behavior. A child often becomes a witness of violence in his own family, sometimes even an object. The first idea of ​​violence as a norm of behavior is created, thus creating a negative model of imitating behavior.

Author: Lt. PhDr. Ľudmila Húsková References

KOLÁŘ, M. (2011). A new way to treat bullying. Prague: Portal 2011, 336 p. ISBN 978-80-7367-871-5. VERBOVSKÁ, J. (2000). Bullying at school. Prešov: 2000 ONDREJKOVIC, P. and i. (2000). Social pathology. Bratislava: 2000 ŘÍČAN, P. (1995). Aggression and bullying among children. Prague: 1995 Criminal Law No. 300/2005 Coll. Act on Offenses No. 372/1990 Coll. Methodological guideline no. 7/2006-R of the Ministry of Education of the Slovak Republic. Research Institute of Child Psychology and Pathopsychology (2002-2003) www.zodpovedne.sk