Автор(ка):
Марія Куцова
According to UNICEF data, in Ukraine, 67% of children aged 11 to 17 encounter bullying. However, only around 100 cases of bullying are officially recorded each year, and many investigations are closed due to the absence of events and the lack of evidence of administrative offenses, among other reasons.
Why don't the official statistics reflect the real situation with bullying in Ukraine, what role does psychological support play in bullying situations, and what can reduce violence? We discussed these and more with Larysa Hretchenko — an attorney specializing in family and children's rights, a mediator, and an expert in anti-bullying.
What Is Bullying and Why Does It Happen
Bullying is a form of violence that can manifest physically, psychologically, economically, and sexually. What sets it apart from a mere conflict is its repetitive nature and the involvement of three parties: the aggressor, the victim, and the bystanders.
Interestingly, a child engaging in bullying at school may themselves be experiencing violence at home or witnessing it. Therefore, when addressing bullying incidents, it's crucial to consider all underlying factors and involve a psychologist.
"In situations of violence, I always emphasize the three-party model. A child can play the roles of aggressor, victim, and witness. Therefore, it's always necessary to identify the cause of each episode or their combinations,
emphasized Larysa.
emphasized Larysa.
With the onset of war, particularly a large-scale one, Ukrainian society accumulates anxiety, often attempting to cope with it through aggression. Children are no exception, often resorting to bullying for an illusional sense of control.
Moreover, nowadays, children of displaced internally persons (IDPs) or those who have moved abroad often become targets of bullying. For instance, in a new environment, they may face ostracization.
In other words, children feel pushed out of the group, "left out", as one girl told me,
shared the lawyer.
shared the lawyer.
Why It Is Important to Involve a Psychologist in Cases of Bullying
Primarily, the assistance of a psychologist is crucial for stabilizing the state of the affected child. Moreover, the specialist may be the only trusted adult they dare to confide in.
From my experience communicating with children and adolescents, a psychologist is precisely that neutral adult figure they can trust. They appreciate confidentiality and the personalized approach,
explained Larysa.
explained Larysa.
The documented fact of a bullied child seeking help from a psychologist can serve as a "starting point" for visualizing the episode and as evidence in court. This includes reports, assessments, the results of surveys, protocols of individual sessions with the psychologist, or group diagnostics, depending on the specific situation.
Without evidence of consulting a psychologist, cases of bullying may be closed. For example, the Zastavna District Court of Chernivtsi region couldn't establish, that an 11th-grade student was psychologically bullying her classmate. The case was closed due to a lack of evidence of systematic bullying and information about the negative effects on the mental or physical health of the victim. There were also no records of psychological consultations with the child or protocols of professional discussions by the psychologist regarding monitoring the behavior of students and teachers.
Similar deficiencies in evidence were noted by the Rivne Court of Appeal, concluding a situational conflict between a teacher and a student.
Among other reasons for closing cases of bullying involving participants in the educational process are conclusions about insignificance, expiration of deadlines for administrative liability, or misqualification of violent actions under a different article, (for example, inadequate fulfillment of duties regarding child upbringing, disorderly conduct, etc.).
The role of the psychologist in working with the bullying child is equally important because the specialist becomes a mediator during communication with the police or judicial proceedings. They serve as a "translator" between the child and the legal language.
In reality, both the bullying child, the victim, and the witnessing children, in my deep conviction, need the support of a psychologist. Each of them may experience the bullying event and be influenced by other complex life circumstances,
believes the expert.
believes the expert.
It's important for a child involved in a legal conflict to realize the danger and consequences of their actions, as well as the applied measure of responsibility, aimed at education and preventing new offenses.
What Is the Procedure for Handling Bullying Cases
In late 2018, Ukraine enacted a law holding individuals administratively liable for bullying. Offenders can face fines ranging from 850 to 1700 hryvnias (up to 3400 hryvnias for repeat or group bullying) or community service, although it is rarely imposed.
Parents are accountable for everything their children do in violent situations until the age of 16. After that, at 16, a child becomes solely responsible for bullying, which counts as an administrative offense,
said Larysa.
said Larysa.
The procedure typically looks as follows: Any person who learns about or suspects bullying must report it, either orally or in writing, to the head of the school. Within a day, this information is forwarded to the National Police, and within three business days, a meeting of a specially designated committee is called. The committee has up to ten working days from the day the complaint is received to complete its work. It is important that both the parents of the victimized child and the parents of the offending child actively engage in this process because the committee's decisions are binding.
In addition, you can immediately contact the police, the children's service, the center of social services for families, children and youth, etc. However, as practice shows, such reports may be forwarded to the educational institution where the incident occurred.
Response entities must act cohesively, like pieces of a puzzle. But unfortunately, we don't have a procedure for interagency cooperation in cases of bullying. The police handle cases according to their instructions, the educational institution follows its own regulations, and the education ombudsman has separate provisions,
the attorney noted.
the attorney noted.
How to Prevent Bullying
Ukrainian society has a lack of legal knowledge and anti-conflict culture, but this can be corrected.
We need to introduce or at least popularize anti-conflict tools and policies. It seems to me that this will help change the attitude not to each other, but to the situation. As they say, we need to "lower the degree" of tension in society and create zero tolerance for violence,
said Larysa.
said Larysa.
According to the expert, three steps can reduce the incidence of bullying:
- Introduce responsible parenthood training that will form knowledge about partnerships and child-rearing.
- Ensure children's right to education through the mutual involvement of families and educational institutions.
- To develop a state policy for the protection of children's rights so that children are not left alone with a problem in a wide range of bodies and institutions.
At present, Ukraine's legislative norms are somewhat inconsistent. According to Article 9 of the Law on Childhood Protection, a child has the right to independently apply to any authority or official to exercise his or her rights and legitimate interests and to file complaints about their violation. At the same time, the Law on Citizens' Appeals allows only adults to do so, and complaints on behalf of minors are filed by their legal representatives.
This makes the child a hostage to a conflict of interest, passivity, and the parents' unwillingness to clarify the situation with the school administration, communicate with law enforcement, seek legal assistance from a lawyer, or protect and restore the child's violated rights through court proceedings.
I really hope that this conflict of legislative norms will be resolved in favor of the child as an independent subject of all legal relations and that the national system of authorities will not leave any child's appeal unaddressed,
Larysa summarized.
Larysa summarized.
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