Bullying Has No Place in Scottish Schools

1. Bullying Has No Place in Scottish Schools Kathleen A Marshall

2. Commissioner’s Functions • Promote and safeguard rights of CYP • Promote awareness and understanding • Review law, policy and practice • Promote best practice • Promote/ commission/ undertake research • Involve and consult CYP • Consult organisations working with/ for CYP AntiBullying Conference

3. Investigations by Commissioner • “whether, by what means and to what extent, a service provider has regard to the rights, interests and views of children and young people in making decisions or taking actions that affect those children and young people” AntiBullying Conference

4. Limits on Investigations • Not duplicate work of others • Not relating to a reserved matter • Not relating only to a particular child or YP • Not relating to actions of courts or tribunals in particular cases AntiBullying Conference

5. Bullying • Hurting, intimidating or persecuting a weaker or smaller person • “Power tends to corrupt; absolute power tends to corrupt absolutely” AntiBullying Conference

6. UN Convention on Rights of Child • “States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision.” [Art. 3.3] AntiBullying Conference

7. UN Convention on Rights of Child • The State’s obligation to protect children from all forms of maltreatment perpetrated by parents or others responsible for their care, and to undertake preventive and treatment programmes in this regard. [UNICEF’s summary of Art. 19] AntiBullying Conference

8. UN Convention on Rights of Child • “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.” [Art. 28.2] AntiBullying Conference

9. This means that we need … • A clear standard. • Effective procedures for reporting and investigation (possibly including restorative justice and mediation). • To make sure standards are integrated into our approach to school discipline. AntiBullying Conference

10. UN Discussion Day on Violence • “The Committee recognized that different forms of violence against children (such as corporal punishment, bullying, sexual harassment and abuse, and verbal and emotional abuse) are interlinked, and that violence in the family and school reinforce one another. Action against violence must therefore take a holistic approach …Tolerance of violence in one sphere makes it difficult to resist it in another.” AntiBullying Conference

11. UN Discussion Day on Violence • “The Committee recommends that an alternative vision of the school and the family that respects the rights and dignity of all, including children, parents and teachers, should guide all actions on the issue of violence against children. The main strategy should be to galvanize actions around this vision rather than using punitive measures. In this vision relations between and among children and parents or teachers (as well as other family members or students) are mutually respectful and the safety of all is promoted.” AntiBullying Conference

12. To note … • Bullying and verbal abuse are clearly indicated as breaching children’s rights. • But the whole community is involved and implicated. Tolerance of unacceptable behaviour by anyone towards anyone will undermine any more targeted projects. • Galvanize action around the vision rather than punitive measures. AntiBullying Conference

13. Choices • Authority can be imposed through power or exercised through relationship. AntiBullying Conference