Comparative Overview of Regulations about Financing Security Measures in Schools in Some Member States of European Union
Fainisi, Florin, Contemporary Readings in Law and Social Justice
Violence among schoolchildren is an increasing concern in Europe and the European Union member states cannot afford to consider this issue can be avoided. They have taken a clear stand against violence, supporting their position with policies and practices concerning its prevention, involving the teachers, the central and local authorities, as well as the parents. If the creation of programs for preventing violence in schools is the common denominator of all the legal measures, their financing differs from country to country; generally, this matter is handled by the management of schools.
Keywords: school, security in schools, school violence, child protection
At European level, statistics on violence in educational institutions present only forms of "minor violence" but their number is increasing. Generally, minor violence is categorized as "lack of discipline," but it is important to mention that most of the research suggests that the number of minor acts of violence can spiral up and can generate major acts of violence.1
According to the UNICEF studies2 violence in school represents "any manifestation of certain behaviors such as:
* inadequate or offensive expressions, such as: name calling, teasing, irony, mimicry, threatening behavior, harassment;
* bullying, shoving, hitting, hurting;
* behavior that falls under the provisions of the law (rape, consumption/distribution of drugs, vandalism - deliberately causing damages);
* offense to the state/educational authority (irreverent language or behavior towards the teachers);
* inappropriate school behavior: delay in class, leaving the room during the class, smoking in school and any other behavior that flagrantly infringes upon the school regulation in force."
Besides the familial, social-economic or individual factors, the most important causes of violence in school include a series of school-related factors. The lack of an adequate level of awareness, of efficient teaching strategies or management decisions puts many schools in the position of not being able to counter the violent manifestations generated by certain out-ofschool factors. Although the schools play an important part in the protection of children, my schoolchildren are exposed to violence in schools, thus being denied the right to education. This situation occurs because violence in schools and around schools makes it difficult for the children to go to and come from school, to lean efficiently and to stay in school long enough to benefit from education.
2. International Regulations
At international level, in the absence of a study on the issue of violence in schools, three articles of the Convention on the Rights of the Child adopted at the General Assembly of the United Nations, on November 20th 1989 are relevant: article 19, paragraph 1, article 28 paragraph 2 and article 29. Article 19(1) explicitly stipulates that "States Parties shall take all appropriate legal, administrative, social and educational measures to ensure that the child is protected against all forms of violence, harming or physical or mental abuse, abandonment, negligence, bad treatment or exploitation, including sexual abuse, while under the care of the one of the parents or both, the legal proxy (proxies) or any other person to whom the child was entrusted," the last category including teachers as well.
The revised European Social Charter, adopted by the European Council, enforced in 1999 and monitored by the European Committee of Social Rights stipulates in article 7, paragraph (10) that it is necessary to ensure special protection against the physical and moral risks to which the children are exposed. The Committee considered that this article concerns the measures to protect children in at home, at school and generally in the society.
Resolution 1803/2011 of the Council of Europe Parliamentary Assembly requests that firm measures be taken to counter this phenomenon, including criminal punishments for those committing these deeds. …