A HUMAN RIGHTS ISSUE

Commission on Human Rights

Regional Office XI, Davao City

With Discussion on Republic Act

No. 10627 or the Anti-Bullying Act

of 2013

HAVE YOU BEEN A VICTIM OF BULLYING?

Understanding BULLYING• What is bullying?• What are its

characteristics?• Where can

bullying happen?• Is there a long

time effect of bullying?

What is Bullying?

It is the use of force, threat, or coercion to abuse, intimidate, or aggressively to impose domination over others.

The behavior is often repeated and habitual.

Behaviors used to assert such domination can include verbal harassment or threat, physical assault or coercion, and such acts may be directed repeatedly towards particular targets.

One essential prerequisite is the perception of an imbalance of social or physical power.

What is Bullying?

Justifications and rationalizations:

• Differences of class

• Race

• Religion

• Gender

• Sexuality

• Appearance

• Behavior, or

• Ability.

What is Bullying?

Where can bullying happen?

• School

• Universities/Colleges

• Workplace

• Organization/s

BULLYING a Human Rights issue

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. (Section 12)

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Section 5)

Universal Declaration on Human Rights

Everyone has the right to be respected and safe, regardless of their race, ethnicity, religion, gender, sexual orientation, disability or age.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Section 7)

International Convention on Civil and Polical Rights

Children have the right to be protected from all forms of physical and mental violence, including torture or other cruel, inhuman or degrading treatment or punishment.

Convention on the Rights of the Child

Violence, harassment and bullying are unacceptable in any context and violate a range of human rights.

Convention on the Rights of the ChildUN Committee on the Rights of the Child

Securing and promoting children’s fundamental rights to respect for their human dignity and physical and psychological integrity, through the prevention of all forms of violence, is essential for promoting the full set of child rights in the Convention.

• The right to life, survival and development

Convention on the Rights of the ChildRange of Human Rights issues

• The right to health

• The right to education

• The right to be heard

• The right of a child or young person’s to leisure and play

Republic Act

10627Anti-Bullying

Act of 2013

An act requiring all elementary and secondary

schools to adopt policies to prevent and

address the acts of bullying in their institutions

•Mandatory adoption of policy to prevent and address bullying in schools

•Mandate extends only to elementary and secondary educational institutions, both public and private.

Bullying defined:

Bullying refers to any severe or repeated use by one or morestudents of a written, verbal or electronic expression, or aphysical act or gesture, or any combination thereof, directedat another student that has the effect of actually causing orplacing the latter in reasonable fear of physical or emotionalharm or damage to his property; creating a hostileenvironment at school for the other student; infringing on therights of the other student at school; or materially andsubstantially disrupting the education process or the orderlyoperation of a school. (Section 2)

Bullying:

Bullying refers to any severe or repeated use byone or more students of a written, verbal orelectronic expression, or a physical act orgesture, or any combination thereof.

To whom is it directed? at another student

Bullying:

That has the Effect of:

• actually causing or placing the victim in reasonable fear of physical or emotional harm or damage to his property

• creating a hostile environment at school for the other student;

• infringing on the rights of the other student at school; or

•materially and substantially disrupting the education process or the orderly operation of a school

Bullying:

Specific types of bullying:

Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; (Physical Bullying)

Bullying:

Specific types of bullying:

Any act that causes damage to a victim’s psyche and/or emotional well-being; (Social Bullying)

Ex. social rejection

Bullying:

Specific types of bullying:

Any slanderous statement or accusation that causes the victim undue emotional distresslike directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and (Verbal Bullying)

Bullying:

Specific types of bullying:

Cyber-bullying or any bullying done through the use of technology or any electronic means. (Cyber Bullying)

Can there be bullying between students against teacher/s?

None. The law covers only bullying between a student or group of students against another student.

What if a student or group of students bullies a teacher?

It depends upon the age and act of the offender. Republic Act No. 9344 as amended by Republic Act No. 10630 defines crimes which may only be prosecuted against minors 12 to 15 years of age and if descernment exist. For those above 15 years of age but below 18 another rule will apply.

Can there be bullying between a teacher as against a student?

None. The law covers only bullying between a student or group of students against another student.

What if a teacher bullies a student?It depends upon the age of the victim and the act of the teacher. Republic Act No. 7610 protects minors from any form of abuses. Further, DepEd Order No. 40 series of 2012 or the Child Protection Policy of DepEd prohibits humiliation by teacher to a student.

Bullying:

Is there any penal sanction against the bully?

NONE under this law.

Under Republic Act No. 9344 as amended by Republic Act No. 10630:

SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

Mechanism in Addressing Bullying: (Section 4)

Reporting of Incident

by any member of the school

administration, student, parent or volunteer

Conduct of Investigation

by the Principal or persons so

designated by the Principal to

handle such issues, or both

1. Notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator;

2. Take appropriate disciplinary administrative action;

If bullying or retaliation occurred:

Who as the Primary Responsible in the Implementation of the Policy? The School Principal or its equivalent

Mechanism in Addressing Bullying: (Section 4)

Reporting of Incident

by any member of the school

administration, student, parent or volunteer

Conduct of Investigation

by the Principal or persons so

designated by the Principal to

handle such issues, or both

3. Notify the parents or guardians of the perpetrator; and

4. Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.

If bullying or retaliation occurred:

Who as the Primary Responsible in the Implementation of the Policy? The School Principal or its equivalent

Responsibilities of the School:

1. Adoption of Anti-Bullying Policies (Section 3), and

2. Reporting requirements (Section 5)

Responsibilities of the School

All elementary and secondary schools are hereby directed to adopt policies to address the existence of bullying in their respective institutions. (Section 3)

• Such policies shall be regularly updated

1. Adoption of Anti-Bullying Policies

Minimum required policy provisions

A. Prohibit the following acts:

1. Bullying

• on school grounds;

• property immediately adjacent to school grounds;

• at school-sponsored or school-related activities, functions or programs whether on or off school grounds;

Minimum required policy provisions

A. Prohibit the following acts:

1. Bullying

• school bus stops;

• on school buses or other vehicles owned, leased or used by a school; or

• through the use of technology or an electronic device owned, leased or used by a school;

Minimum required policy provisions

A. Prohibit the following acts:

2. Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device that is not owned, leased or used by a school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school; and

Minimum required policy provisions

A. Prohibit the following acts:

3. Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying.

Minimum required policy provisions

B. Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of the offense: Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program.

Minimum required policy provisions

C. Establish clear procedures and strategies for:

1. Reporting acts of bullying or retaliation;

2. Responding promptly to and investigating reports of bullying or retaliation;

3. Restoring a sense of safety for a victim and assessing the student’s need for protection;

Minimum required policy provisions

C. Establish clear procedures and strategies for:

4. Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during an investigation of bullying, or is witness to or has reliable information about an act of bullying; and

5. Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students;

Minimum required policy provisions

D. Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report;

E. Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action;

Minimum required policy provisions

F. Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;

G. Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and how parents and guardians can provide support and reinforce such policies at home; and

Minimum required policy provisions

H. Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school: Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential and only made available to:

• the school administration,• teachers directly responsible for the said students,

and • parents or guardians of students who are or have

been victims of acts of bullying or retaliation.

Additional requirements:

• Schools shall provide students and their parents or guardians a copy of the anti-bullying policies being adopted by the school.

• Such policies shall likewise be included in the school’s student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any.

For the DepEd:

• The Department of Education (DepED) shall include in its training programs, courses or activities which shall provide opportunities for school administrators, teachers and other employees to develop their knowledge and skills in preventing or responding to any bullying act.

What if the bully and the victim belongs to different schools?

If an incident of bullying or retaliation involves students from more than one school, the school first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both may take appropriate action.

2. Reporting Requirement:

As to existence of the policy:

• All schools shall inform their respective schools division superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Republic Act No. 10627.

• Such notification shall likewise be an administrative requirement prior to the operation of new schools.

Responsibilities of the School

As to relevant information and statistics of acts of bullying and retaliation:

• Beginning with the school year after the effectivity of this Act, and every first week of the start of the school year thereafter, schools shall submit a report to their respective schools division superintendents all relevant information and statistics on acts of bullying or retaliation.

2. Reporting Requirement:

Responsibilities of the School

Sanction for Noncompliance:

In the rules and regulations to be implemented pursuant to this Act, the Secretary of the DepED shall prescribe the appropriate administrative sanctions on school administrators who shall fail to comply with the requirements under this Act.

In addition thereto, erring private schools shall likewise suffer the penalty of suspension of their permits to operate.

Note: As of this presentation DepEd is still formulating the IRR for this law within 90 days from the effectivity of the law

NONE

But Davao City has Anti-Discrimination Ordinance and there is already a proposed bill against discrimination.

Is there a specific law against bullying in

workplaces?