Teaching at an educational institution is a difficult and nervous job that requires good endurance. Not all teachers cope with their tasks properly. In case of unethical and unprofessional behavior, the teacher becomes liable for insulting the student. If a teacher humiliates a child's dignity, parents must take immediate action. Otherwise, the student risks receiving psychological trauma from the teacher, which will affect his future life.
Does a teacher have the right to insult and humiliate a student?
The task of each teacher is to provide students with comfortable learning conditions and provide the necessary knowledge.
However, at school, children may face humiliation, coming not only from their peers, but also from an adult. Even if a minor does not behave properly, the teacher does not have the right to stoop to insults, much less use physical force. The teacher has the authority to call parents to school or contact the authorities to influence the student's behavior. You can also have a disciplinary conversation with the student himself in a polite and respectful manner. However, insults are unacceptable, no matter what the situation.
If a minor is humiliated by an adult, parents must intervene immediately. You should definitely take action when this happens regularly. It is impossible not to react to the teacher’s unacceptable behavior, because a teenager may not only stop studying normally, but also lose self-confidence.
Transfer to another school or not transfer
Of course, you can transfer your child to another class, and to another school, and even move to another city - but is there any point in this?
In most cases, such measures are simply not justified, and the problem is resolved quite quickly, and by the end of the training, the offenders and victims become almost best friends.
Therefore, carefully analyze the situation and weigh the pros and cons - perhaps a transfer is not needed, and the joint efforts of the teachers, you and the child can reduce the problem to nothing.
Another question is if the teachers and the director do not want to delve into the problem, and the bullying acquires proportions that threaten not only the nervous system, but also the health of the child, there is no choice here.
And most importantly: keep your finger on the pulse! Go to school meetings, talk to the child, get to know his teachers and classmates, be aware of the child’s problems and successes in order to give timely advice, warn against mistakes, help and lay down straws. . Have there been similar situations in your life? And how did you get out of them? Share your stories in the comments below!
Have there been similar situations in your life? And how did you get out of them? Share your stories in the comments below!
What can be punished for insult:
Disciplinary action. You should contact the school administration. The teacher may be reprimanded and even fired.
Punishment of the perpetrator under the article for insult to personality. An individual must pay a fine of up to three thousand rubles, and an official will be fined up to 30,000 rubles.
Compensation for moral damage. To do this, the parent must draw up a statement of claim and submit a completed request for compensation form to the court. Only in court can you ask for compensation from the teacher and from the school.
If the teacher is not punished under the article, his behavior will change. Because he is aware of what insulting students can lead to and is unlikely to want to sue.
What you should absolutely not do
- Carry out lynching over offenders. No matter how much you would like to “smack the snot” of these hooligans, you cannot do this. Firstly, you will not solve the situation with this, and secondly, in this case you can be charged “under the article” (“there was no point in touching other people’s children”), and the offenders will have another reason to harass your child. We act strictly within the law!
- Encourage your child to respond to such actions. There is no need to teach your child to respond in kind. Even if we are talking about the use of force. Of course, it’s great when a child can stand up for himself, but you can’t teach him to “hit back.” Sometimes such answers become, quite by accident, the cause of disability and even death of the offender (unfortunately fell, etc.).
- Trying to “buy” the location of the offenders. Bribery is one of the most senseless, stupid decisions, which will ultimately lead to a backlash, and will leave the mark of a weakling, a sycophant and a “six” on the child for a long time.
- Ignore the child’s bullying and leave him alone to solve this problem (“he can handle it himself!”). Remember - he may not cope.
What should parents do?
If a parent hears a complaint from a child about a teacher, it is worthwhile to immediately understand the situation. First of all, you need to find out whether this is slander. Because a minor can cheat, for example, in order not to go to class or not to do homework. However, if the student is not lying, then he should report to school immediately.
Important! You should first talk to the teacher and try to resolve the issue peacefully. You should explain to the teacher that the child is not used to such treatment.
It is quite possible that the teacher will realize his mistake and stop behaving inappropriately. However, if this does not happen, then all that remains is to go to higher authorities.
It is recommended to first interview the child about what happened and find out all the details. You should also talk to other students who have witnessed inappropriate behavior from a teacher or have been bullied themselves. If a parent is sure that humiliating children is not new for a teacher, and he is not going to correct his behavior, then it is necessary to go to the prosecutor's office.
The statement should indicate the details of what happened, specify the date and time, as well as the location. It is worth writing down what unlawful actions the teacher committed, what words he used to humiliate the minor. It is not necessary to describe the story in detail, because when a criminal case is initiated, a survey will be conducted.
The prosecutor is obliged to take all measures to investigate the offense. As a rule, this takes no more than a month. Each party to the conflict must be interviewed. Next, the materials are sent to the court, and the issue is considered for 60 days. In most cases, one meeting is enough to solve the problem. The prosecutor, the minor's parents and the teacher must be present.
Based on the results of the meeting, the teacher may be held accountable or the administrative case may be terminated. The decision can be appealed within 10 days from the date of receipt of a copy of the decision. If the matter is serious, it is recommended to seek legal assistance to punish the culprit.
Legal advice in Moscow will help resolve the issue
Going to court is a complex process that requires thorough knowledge of the legislation of the Russian Federation. In order to correctly draw up a statement of claim, it is advisable to seek legal advice in Moscow. Specialists will help in solving the problem and determining the requirements for the teacher. The parent has the right to request the following punishment options:
- Disciplinary responsibility;
- Dismissal;
- Criminal punishment (valid when contacting law enforcement agencies);
According to the legislation of the Russian Federation, Article 5.61, located in the Code of Administrative Offenses, an appropriate fine will be imposed on the teacher.
- Compensation.
It is important to understand that any offense must be stopped, especially if it is committed by a teacher against a student. . The lawyer will help present the correct evidence of the teacher’s guilt, draw up documents for going to court and file a statement of claim in accordance with the legislation of the Russian Federation
The specialist will explain to the parent his rights and tell him about the correct behavior towards the offending teacher. Protecting the rights of a child is not a shame, the main thing is to do it according to the law and in compliance with all norms. Timely contacting regulatory authorities will help prevent physical or psychological abuse of a child.
A lawyer will help present the correct evidence of the teacher’s guilt, draw up documents for going to court and file a statement of claim in accordance with the legislation of the Russian Federation. The specialist will explain to the parent his rights and tell him about the correct behavior towards the offending teacher. Protecting the rights of a child is not a shame, the main thing is to do it according to the law and in compliance with all norms. Timely contacting regulatory authorities will help prevent physical or psychological abuse of a child.
Important! For all questions of education and training, if you don’t know what to do and where to contact:
Call 8-800-777-32-63.
Lawyers by training and lawyers who are registered on the Russian Legal Portal will try to help you from a practical point of view in this matter and advise you on all issues of interest.
How to protect your child
It is the duty of every parent to protect their children, including from attacks by teachers. Of course, it is quite rare for a teacher to intentionally belittle a student. Most often, conflicts occur with other schoolchildren for various reasons. But the parent should not remain on the sidelines.
You need to understand the situation and understand who is to blame. If the student himself was the first to insult the teacher, then he needs to be explained that such behavior is unacceptable. When a teacher is at fault, you should talk to him and ask him not to humiliate children anymore.
When the issue cannot be resolved peacefully, all that remains is to turn to the law. And in Russia, and in Belarus, and in Ukraine, and in other countries, it is possible to hold a teacher accountable. Don't put it off because the situation could quickly get worse. At a minimum, the student will feel uncomfortable being at school, which will affect his performance. However, serious mental injuries may even occur due to the teacher's attacks, which will become a problem in the future.
Contacting the prosecutor's office
So, if it is not possible to resolve the issue with “little loss”, and the teacher continues to humiliate you, creating an extremely uncomfortable psychological atmosphere, then you and your parents will be able to contact the prosecutor’s office with a demand to open an administrative case on this fact.
The main legal acts regulating this area are as follows:
- Article 34 of the Federal Law “On Education in the Russian Federation” states that you have the right to respect for your human dignity and protection from any form of violence.
- Article 48 of the same Federal Law “On Education in the Russian Federation” postulates that a teacher is obliged to comply with the requirements of professional ethics.
- Article 45, again, of the same Federal Law “On Education of the Russian Federation” allows your legal representatives (parents) to protect your interests, turning to both the management of the educational institution and the court.
If it comes to the initiation of an administrative case, evidence and testimony will be of great importance. It will be necessary to collect enough reliable information about what the teacher did during the lessons in order to hold him accountable. As for the forms of liability, this can be anything from disciplinary punishment to dismissal and even the collection of compensation for moral damage caused.
So, if a teacher humiliates you, then you are not at all obliged to endure it and think that this is exactly how it should be. This is unacceptable behavior, and when someone behaves this way, a modern person does not sit and tolerate, but defends his legal rights. Do not be afraid or embarrassed that you want to receive a normal education in accordance with the requirements of current laws, and do not be embarrassed when turning to your parents for help in the situation.
Signs that a teenage child is being bullied at school: we learn to understand
Entire scientific treatises can be written about the cruelty of children. Alas, from the age of 11-12 years and almost until the end of school, unjustified cruelty and aggression suddenly settles in children “out of nowhere”.
Then it goes away. However, not all.
And the consequences of such bullying sometimes remain with the children who were offended for life.
Senseless and merciless bullying is not a “fashionable trend.” There has always been bullying. Another question is that bullying methods have become more sophisticated, and sometimes parents even have to change their city of residence in order to protect their child’s nervous system.
How do you understand that your child is being bullied, offended, or bullied at school?
Teenagers are children of the “hidden period” of growing up. Not all of them have sufficient contact with their parents to avoid mistakes and make the right decision. Most often, parents become aware of this problem when its scope extends beyond the classroom.
In addition, it can be humiliating for a child to discuss this problem with his parents - this often happens to boys whose dads have hammered into them from the cradle, “You’re a man, solve your problems yourself!”
general characteristics
Does a teacher have the right to yell at a student? The law prohibits doing this. After all, if a student does not understand what the teacher is talking about, then the latter must explain to him so that he understands.
Every teacher must understand that through psychological pressure he will not achieve knowledge from a child. On the contrary, a student will do everything to avoid attending the classes of the person who causes him a feeling of fear and irritation. In addition, such behavior and attitude of the teacher can discourage the thirst for knowledge even in the most intelligent and gifted child. Parents should know about this.
Concept. What article is provided?
The honor and dignity of a minor citizen are protected by the same laws that apply to persons who have reached the age of eighteen.
Insulting a minor is considered to be: ridicule, unethical remarks, offensive comparisons, obscene statements, indecent gestures and proposals on the part of younger persons, peers or adults, committed during personal communication between the victim and the accused party, publicly or using the Internet or mobile communications.
The punishment for insulting a minor child is determined by the court, guided by the elements of the offense and the provisions of Art. 5.61 Code of Administrative Offenses of the Russian Federation. Criminal liability for insulting a minor does not occur provided that the consequences of the offense did not lead to loss of health or life of the injured party.
The minimum fine is 1000 rubles. Collection from a civilian cannot exceed 3,000 rubles.
An insult inflicted by an official during the performance of his immediate professional duties may result in the collection of funds in the amount of 10,000-30,000 rubles.
Cause of the conflict
Sometimes children become so uncontrollable that the teacher is simply forced to raise his voice at them. Nevertheless, the latter, as a person with a higher education, does not look good at all.
Once again I would like to return to the question of whether a teacher has the right to shout at a student. By law - no. But if a child does not understand a calm tone and interferes with his classmates’ ability to gain knowledge, then sometimes the teacher simply cannot restrain himself and begins to shout. The children then complain to their parents about the teacher and do not want to go to school.
Before parents begin to find out the cause of the conflict with the teacher, they should talk with their child and find out how everything really happened. Perhaps the student himself insulted the teacher, and he responded to him in a raised tone; perhaps this happened because of the bad behavior of the student himself, and the teacher could not restrain himself. And only after talking with your child should you go to school to talk with the teacher. The latter is obliged to explain to the student’s mom and dad why this happened. This is the only way to find out the true cause of the conflict between the two sides of the educational process.
