This document discusses the legal imperative of protecting children against school bullying, the challenges in achieving effective protection, and the need for repair and sanction mechanisms.
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[...] Transposition ensures the harmonization of national laws with international standards. It allows, in particular, to avoid contradictions between different norms and to create a coherent legal framework to protect children against school bullying, ensuring that international commitments are reflected effectively in national practices and that victims have access to appropriate legal remedies42. It thus enables the strengthening of legal protection for children by establishing clear measures against school bullying, such as reporting procedures and sanctions for perpetrators. The act of transposition is chosen by the domestic law and ensures the reception of international law in domestic law. [...]
[...] The same applies to certain mechanisms for the concrete implementation of protection against school bullying. II. The issue of application as challenges of effective implementation It is here, to consider d'on the one hand the institutional challenges that hinder the application of protection measures, by questioning theheterogeneity of institutional practices and the ability of institutions to adapt to the real needs of victimsA), and on the other hand, the challenges of operationalization, examining the obstacles encountered on the ground during the implementation of preventive and reactive measuresB). [...]
[...] Its provisions lay the foundations for a common definition and shared understanding of school bullying, thus enabling a consistent and coordinated approach at the global level29. Article 19 of the CRC requires States parties to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of violence30. This provision is crucial as it explicitly recognizes the child's right to be protected from bullying, and this, in all aspects of their life, including in the school environment. [...]
[...] In the same perspective, the European Union, through its directives, particularly the European protection decision, provides a complementary dimension, rooting the protection of children in the reality of national legal systems. This synergy between international and regional norms forges a solid legal shield that ensures the protection of children against school bullying. However, harmonizing laws and concretizing commitments remain pressing challenges. These challenges include gaps in teacher training and shortcomings in national legal systems. Furthermore, cultural and social barriers may limit the recognition and reporting of bullying, making it difficult to fully apply the conventions in certain contexts. [...]
[...] This real-time reaction capability is essential for preventing bullying escalation and providing rapid support to victims. In the same spirit, integrating feedback from educational stakeholders is a compelling indicator for evaluating and refining measures to combat school bullying. This feedback, coming from professionals who are confronted daily with this issue, is a rich source of practical information and nuanced perspectives. Collecting feedback can be done through feedback workshops, surveys, or meetings with debriefing, This allows for the collection of direct testimonies on the effectiveness of the measures in place. [...]
