Unfortunately, bullying is often part of everyday life for many students in many schools. Since smartphones have found their way into everyday school life, all the more. Experts estimate that around 500,000 children are victims of The bullying attack will. Per week! But even teachers are often not immune from getting into the line of fire. In many cases, only legal action will help. We have put together for you the options for those affected:
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What is bullying?
Mobbing describes the social exclusion of the person concerned. The bullied is specifically mocked, insulted, blackmailed or even threatened. This makes bullying one of them psychological form of use of force. In most cases, the bullying comes from a single person. However, one often arises anyway Group dynamics, as several people or entire classes join the bully. Bullying is often difficult for outsiders to recognize, as it is usually not associated with physical violence. Most cases therefore go unnoticed. If the bullying takes place via social media such as Facebook or WhatsApp, one speaks of the so-called “Cyberbullying“.
However, bullying should not be underestimated in any case. It can cause depression and even make you physically ill. This quickly leads to situations in which the person concerned no longer knows what to do. The number of bulled people who take their own lives as a result of psychological terrorism (sometimes even in childhood) should be reason enough for everyone to deal with the subject of bullying.
Bullying can be civil as well prosecutebecome T. Most of those affected are not aware of this. So there are definitely steps that can be taken against the bullies to put an end to psychological terror.
How can you fight against bullying?
In the first instance, those affected or the parents of the bullied children should contact the responsible teacher or the school management. Both have a duty of care and should therefore take action against bullying. Is that not the case and the Duty of care is (intentionally) violated, compensation can be claimed.
In order to take legal action, those affected or their parents should first collect some evidence. This includes messages, emails, recorded calls or screenshots, for example. If possible, witnesses should also be called in who can testify to the bullying themselves. The parents or the person concerned should present this evidence to a lawyer. They can decide individually which approach is best in a specific case. However, there is always one Injunction.
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The injunction
The person who is bullying is encouraged to change their behavior with immediate effect and to stop the bullying. To do this, the bully must sign a cease and desist declaration. If he violates the declaration, high contractual penalties are due.
What to do if the perpetrator is a minor
There is a persistent opinion that children under the age of 14 are not subject to legal action. However, this is a mistake. According to civil law, children from the age of 7 can be prosecuted for their behavior. The prerequisite for this is that the child is aware of what he is doing. If this is not the case, the parents can also be held accountable. With the help of a Warning for example, parents can be required to ensure that their child changes their behavior. In the case of further acts of bullying, there would be one Contractual penalty to pay. If the parents of the bullying child refuse to sign a declaration to this effect, an action for injunction can ensue. Children over the age of 14 can even be prosecuted.
Can a bullied child defend itself physically?
In a specific case, the Berlin Administrative Court had to clarify whether a student may use force to defend himself against the provocations of his classmate.
Specifically, it was about two students from a grammar school in Berlin. One annoyed the other with allegedly having lice. The bullied student saw this as teasing and provocation. There was a fight. The school sent both students a written reprimand. The regulatory measure stipulated that both had to go to the school’s internal mediation service. The parents of the bullied student said that their son had been bullied for a long time and that he just wanted to fight back. As a result, they filed a lawsuit against the school’s actions.
Decision of the administrative court
However, the administrative court dismissed the lawsuit. The reason: On the one hand, the regulatory measure is in accordance with the Berlin School Act. On the other hand, the student had “impaired the proper teaching or educational work”. If the school issues a regulatory measure, a so-called “objective breach of duty” by the student is sufficient. The educational goals of the Berlin School Act were disregarded, according to the court. This also includes resolving conflicts sensibly and non-violently. The Federal Agency for Civic Education (bpb) also provides information on measures those affected can take hold in acute cases.
Have you become a victim of bullying attacks or do you need legal assistance to be able to help your child properly in such a situation? On rechtsanwalt.com you will find competent lawyers in your area,
You might also be interested in these articles:
Rights and duties on the Internet
Cyber crime: blackmail on the web
Small violations and their penalties. A trivial offense or not?
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