Bullying affects the whole school community and bullying behaviours are more likely to happen when the relationships between support staff, teachers and pupils are bad.

Such behaviours are also more likely to happen when pupils or teachers are not aware of the concept of bullying.

Yes!

There are many of movies about school bullying that can be interesting to watch:

• The Wonder by Stephen Chbosky
• Morse by Thomas Alfredson
• Diary of a wimpy kid by Thor Freudenthal

For parents, there are many books talking about school bullying as for example:

• The psychology of school bullying by Peter K. Smith
• Bullying, school violence, and climate in evolving contexts by Ron Avi Astor

• Emily is being bullied, what can she do by Helen Cowie
• Be bully free by Catherine Thornton

Yes!

There are anti-bullying charities such as:

• Parle je t’ecoute
• Association Hugo
• Éleve ta voix

In the UK, BulliesOut is one of the UK’s leading anti-bullying charities.

The four most common types of bulling are physical, verbal, relational and cyberbullying.

Yes!

Bullying is the cause of health issues. Children victims of bullying have been found to be at higher risk for psychosomatic issues such as headaches, stomach aches, sleeping issues.

If other pupils are very aggressive, physically assaulting you or insulting you, you can fill up the French government online form.

If the results showing up on this form indicate you’re being bullied, speak out! You must talk to a trustee relative or friend.

Don’t stay alone.

In this situation, fill up the French government online form and take measures to protect your child.

Jonathen Destin is a victim of school bullying.

By the time he committed self-immolation. He died at the age of 27 in his sleep.

Yes!

The effects of bullying’s mental health remains.

You will have to find the strength to overcome the bullying. You have to talk to trustees even if it’s not your parents. If it’s too hard to tell someone, start writing down everything that happens or happened to you.

Don’t feel guilty because the bullies had chosen you. It’s not about you, it’s them.

Common law addresses school bullying through a combination of civil and criminal remedies, largely depending on the severity of the bullying and the legal framework of each common law jurisdiction (e.g., the United States, the UK, Canada, Australia). There are a few key ways common law responds to school bullying:

1. Tort Law (Negligence)

– Duty of care: Schools and educators have a duty of care to protect students from foreseeable harm, including bullying. If a school fails to take reasonable steps to prevent or address bullying, it may be liable for negligence.

– Breach of duty: If the school’s actions (or inaction) are found to have breached this duty and the student suffered harm as a result, the victim or their family can sue the school or staff for damages. For example, failing to respond to repeated bullying incidents or ignoring complaints could be seen as a breach.

– Causation and damages: The victim must show that the bullying caused them harm (physical, emotional, or psychological) and that the school’s failure to act contributed to this harm.

2. Intentional Torts (Assault, Battery, Emotional Distress)

– Assault and battery: If a bully engages in physical violence, the victim may sue under intentional torts like assault or battery.

– Intentional infliction of emotional distress (IIED): When bullying leads to severe emotional trauma, a victim may pursue claims for intentional infliction of emotional distress, provided the bully’s conduct is deemed extreme and outrageous.

– Defamation: In some cases, verbal bullying or online bullying (cyberbullying) that damages a student’s reputation could give rise to a defamation claim if false statements are made.

3. Criminal Law

In more serious cases, bullying may constitute a criminal offense, such as harassment, assault, or threats. Criminal laws in common law countries generally prohibit acts of physical violence or harassment. Bullies can be prosecuted for their actions, especially in severe cases of violence or cyberbullying.

Cyberbullying, in particular, has led to the development of specific statutes that criminalize harassment through digital platforms.

4. Vicarious Liability

• School liability for employee actions: In some cases, schools can be held vicariously liable for the wrongful acts of their employees (e.g., if a teacher facilitates or ignores bullying). If a teacher or administrator’s negligence contributes to a bullying incident, the school might be held responsible.
• Vicarious liability for students: While it is less common for schools to be held directly liable for students’ actions, if the bullying occurs during school hours or at a school-related event, the school might still face liability for failure to supervise.

5. Constitutional Claims (in the US)

In the U.S., there have been cases where bullying led to constitutional claims under the Equal Protection Clause (e.g., when bullying is based on race, gender, sexual orientation, or other protected classes) or the Due Process Clause. These are federal claims when a school fails to protect students from harm in cases of targeted bullying.

6. Anti-Bullying Legislation

Many common law countries have specific anti-bullying statutes. While not purely based on common law, these statutes supplement common law remedies and provide a clearer framework for addressing bullying in schools. Schools are often required to adopt anti-bullying policies and procedures, and failure to comply with these laws could lead to administrative penalties.

7. Educational Policies and Disciplinary Action

Schools typically have policies in place (driven by legislation and common law obligations) to discipline students who engage in bullying. These policies may include suspensions, expulsions, or other disciplinary actions against bullies, though such actions are typically administrative and not directly linked to common law.

In essence, common law jurisdictions address school bullying through civil liability (negligence, intentional torts), criminal prosecution, and specific anti-bullying legislation that obligates schools to act preventively and responsively to bullying incidents.

In France, school bullying (harcèlement scolaire) is addressed through a combination of laws, policies, and educational initiatives. The legal framework places responsibility on schools, educators, parents, and the government to prevent, address, and punish bullying. French law treats bullying as a serious issue, especially considering its impact on students’ mental health, well-being, and safety.

1. Criminal Law

• Penal Code (Code Pénal): Bullying, including school bullying, can be prosecuted under several provisions of the French Penal Code. The specific crimes related to school bullying include:
• Moral harassment (harcèlement moral): Article 222-33-2 of the Penal Code criminalizes moral harassment, which includes repeated behaviour that leads to the deterioration of a person’s living conditions or causes psychological harm.
• Cyberbullying: Online bullying is treated as an aggravating factor under the law. If bullying is conducted through digital means (social media, messaging apps, etc.), it may result in harsher penalties.
• Physical violence: Any physical harm caused during bullying can lead to charges of assault or battery, depending on the severity of the incident.
• Defamation or insult: French law also provides remedies for victims of bullying through defamation or insult laws if the bullying involves harmful or false statements damaging a student’s reputation.

Penalties for bullying vary depending on the age of the bully and the severity of the actions, with potential fines and prison sentences. If the bullying results in the victim’s suicide or attempted suicide, the penalties are significantly harsher.

2. Anti-Bullying Legislation

France has implemented specific laws and policies to combat bullying in schools. These laws focus on both prevention and intervention:

• Law of July 8, 2013 (Reshaping the School of the Republic Law): This law introduced a broad set of measures to reform the educational system, including provisions to combat school bullying. It mandates that schools must implement anti-bullying programs and promote respect and tolerance among students. Educational institutions are required to put in place strategies to identify and prevent bullying.
• Anti-Bullying Week (la Semaine contre le harcèlement): Every year, French schools participate in a national week of anti-bullying awareness campaigns to educate students, teachers, and parents about bullying prevention and how to handle it.

3. Educational Policy and Institutional Responsibilities

–  Ministry of National Education (Ministère de l’Éducation Nationale): The French government, through the Ministry of Education, plays a key role in anti-bullying efforts. The ministry has established policies that require schools to take proactive steps in preventing and addressing bullying. Schools must implement programs aimed at promoting a safe and respectful learning environment.

– Establishment of Anti-Bullying Coordinators: Each school must appoint staff responsible for handling bullying cases. These coordinators work closely with students and parents to address and resolve bullying situations.

– PsyEN (psychologues de l’Éducation nationale): School psychologists and counsellors are tasked with supporting students affected by bullying and helping to mediate conflicts.

4. Legal Obligation of Schools and Educators

– Duty of Vigilance: French law imposes a duty of vigilance on school staff. Teachers and school administrators are required to be attentive to signs of bullying and intervene when necessary. If a teacher or school fails to address a known case of bullying, the school can face legal consequences.

– Reporting Obligations: School staff are obligated to report any bullying incidents to school management. In serious cases, they are also required to notify law enforcement or child protection services.

5. Parent and Student Rights

– Right to Report: Students and parents have the right to report incidents of bullying directly to school authorities, and schools must investigate these claims. There are also hotlines and support systems in place, such as the “Non au harcèlement” hotline, which allows students and parents to report bullying anonymously.

– Compensation for Victims: In cases where bullying causes significant harm, parents may seek compensation for damages through civil actions. The French legal system allows families to sue for damages if a school is found to have been negligent in preventing or addressing bullying.

6. Penalties and Sanctions for Bullies

– Criminal Sanctions: Depending on the severity of the bullying, bullies can face criminal charges. For minors (under 18), the penalties can include community service, mandatory education programs, or placement in a juvenile facility. For serious offenses, such as bullying that leads to a victim’s suicide, bullies can face up to 10 years in prison and fines up to €150,000.

– School Disciplinary Actions: Schools also have the power to impose sanctions on bullies, including suspensions, expulsions, or mandatory attendance in educational programs aimed at teaching respect and tolerance.

7. Cyberbullying Laws

Cyberbullying has become a major focus in France due to the widespread use of social media by students. The Law on the Digital Republic (2016) includes provisions against cyberbullying, targeting the use of digital platforms to harass or demean others. In cases of online harassment, law enforcement can compel social media platforms to remove harmful content.

8. Preventive Educational Programs

The French government has implemented numerous educational programs aimed at preventing bullying, including:

• Peer mediation programs: These involve training students to help mediate conflicts between their peers before they escalate into bullying.
• Workshops and lessons on citizenship and respect: Schools regularly include lessons on empathy, respect for others, and the dangers of bullying.
• Collaboration with non-governmental organisations: Schools often work with NGOs like “e-Enfance” to provide additional resources for combatting cyberbullying and raising awareness.

Conclusion

French law takes a comprehensive approach to addressing school bullying by combining criminal sanctions, civil remedies, educational policies, and preventive initiatives. Schools are legally obligated to act, and both educators and parents are encouraged to collaborate in creating a safe environment for students. Penalties for bullying, especially cyberbullying, are increasingly stringent, reflecting society’s growing awareness of its harmful effects.