History and definition
One of the world’s most famous encyclopaedias, Britannica, defines bullying as the deliberate, repeated infliction of harm or harassment on vulnerable individuals, including physical violence, mockery, threats, ostracism and the spreading of rumours in person or online.
Psychologists began to study bullying as a systemic phenomenon in the 1970s. The Swedish psychologist Dan Olweus is widely recognised as a pioneer in the study of this phenomenon. In his works, he not only drew attention to bullying as a socio-psychological phenomenon, but also devoted considerable attention to the issue of countering it.
Thanks to Dan Olweus’s work, the concept of “bullying” is closely associated with the educational environment, as most of his research focused on aggression among students.
It is with an emphasis on school that Ukrainian legislation defines bullying.
According to the Law of Ukraine “On the Protection of Children,” bullying is psychological, physical, economic, or sexual violence, i.e., any intentional act (action or inaction), including the use of electronic communications, which is systematically committed by a person against a child with whom they are part of the same group, or by a child against another member of the same group, and which violates the rights, freedoms or legitimate interests of the victim and/or prevents them from fulfilling their legal obligations.
This approach is common in many European countries, where bullying is associated specifically with school, and cases of bullying in other areas of life, such as at work, are defined by separate terms, such as moral harassment (Belgium, France, Sweden).
At the same time, it should be noted that the European Court of Human Rights does not limit the concept of bullying exclusively to school and recognises that it includes systematic moral pressure at work (case of Špadijer v. Montenegro, application No. 31549/18).
What types of bullying are there?
The Law of Ukraine “On the Protection of Children” lists the following important characteristics of bullying:
First, it is systematic. That is, aggression towards a child is systematic and targeted.
Second, there is an inexhaustible list of types. Bullying includes verbal harassment, physical abuse, social bullying (e.g. isolation tactics), cyberbullying, sexual bullying (sexual comments or actions, sexual jokes and name-calling, rude gestures, spreading sexual rumours, as well as touching or grabbing someone without permission).
Thirdly, such systematic actions violate the rights, freedoms or legitimate interests of the victim. Most often, such actions cause moral suffering, which from a legal point of view is a violation of personal non-property rights.
The presence of a combination of these characteristics gives grounds for qualifying the actions as bullying and is a basis for contacting both the educational institution for a response and law enforcement agencies.
It should be noted right away that Ukrainian legislation provides for liability not only for bullying, as one of the worst forms of violence against children, but also for any form of violence against children, which does not necessarily have to be systematic.
Liability for bullying in Ukraine
In Ukraine, liability for bullying is defined in Article 173-4 of the Code of Administrative Offences, according to which bullying is punishable by a fine of up to 1,700 hryvnias or community service for up to 40 hours.
In the event of repeated bullying within a year or by a group of persons, the fine is up to 3,400 hryvnias or community service for up to 60 hours.
If the bullying was committed by children under the age of 16, their parents are liable. The penalty for parents is similar to the one above.
Special attention should be paid to the responsibility of the head of an educational institution for not reporting cases of bullying to the police. Thus, for concealing the fact of bullying, the head of an educational institution faces a fine of up to 1,700 hryvnias or corrective labour for up to one month with a deduction of up to twenty percent of their earnings.
This focus by lawmakers on those responsible for educational institutions is not accidental, as the Procedure for Responding to Cases of Bullying, approved by Order of the Ministry of Education and Science of Ukraine No. 1646 of 28 December 2019, in the event of receiving a report or notification of a case of bullying, the head of the educational institution is responsible not only for notifying the police, but also at least one of the parents, the child welfare service, the social services centre for families, children and young people, if necessary, call an emergency (ambulance) medical team to provide emergency medical care, and also convene a meeting of the commission for the consideration of the case of bullying (harassment) (hereinafter – the commission) no later than within three working days from the date of receipt of the application or report.
Failure to fulfil this obligation by the head of the educational institution is grounds for bringing him or her to disciplinary responsibility.
Bullying may constitute a criminal offence if it leads to serious consequences for the victim. In such cases, the actions of the guilty persons may be classified under the articles of the Criminal Code of Ukraine, in particular Article 125 (intentional minor bodily injury), Article 126 (beatings and torture), Article 127 (torture).
A particularly serious case is when systematic bullying leads a person to commit suicide or attempt suicide – such actions are covered by Article 120 of the Criminal Code of Ukraine.
We should not forget about civil liability, which is aimed at protecting the honour and dignity of the victim of bullying, as well as paying moral compensation.
Timely and professional response to bullying is essential for protecting the rights of a child. By contacting the lawyers in Kyiv of First Legal, you will receive the most comprehensive and detailed consultation, as well as professional legal services in Ukraine regarding what to do about bullying and how to protect your child. Fill out the application form on our website or simply call us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.