DR GEOFFREY SHANNON SPECIAL RAPPORTEUR ON CHILD PROTECTION Human Rights Standards Related to School Bullying 1

2 Achieving a human rights framework  Bias based bullying  Child centred  Hope  Dignity  Us v’s them  Kinship

Human Rights Standards Related to School Bullying International Covenant on Civil and Political Rights  Article 24 – the right of children to equality International Covenant on Economic, Social and Cultural Rights 3

Human Rights Standards Related to School Bullying United Nations Convention on the Rights of the Child 3 optional protocols 17 General Comments Articles 2, 3, 6 and 12 guiding principles of the Convention 4

Human Rights Standards Related to School Bullying European Convention on Human Rights  Article 3  Article 8 European Convention on the Exercise of Children’s Rights 5

Human Rights Standards Related to School Bullying The EU Treaties The Charter of Fundamental Rights  Article 24  Article 52(3) Non-discrimination 6

Human Rights Standards Related to School Bullying 7 Article 2(2), CRC States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.

Human Rights Standards Related to School Bullying Article 3, CRC General Comment No. 12 General Comment No. 14 8

Human Rights Standards Related to School Bullying 9 Article 16, CRC No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. The child has the right to the protection of the law against such interference or attacks.

Human Rights Standards Related to School Bullying Article 19, CRC Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support of the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. General Comment No. 4 10

Human Rights Standards Related to School Bullying The right to education  Article 26(1) of the Universal Declaration of Human Rights  Article 2 of the First Protocol to the ECHR No one shall be denied the right to education  Article 13 of the International Covenant on Economic, Social and Cultural Rights 11

Human Rights Standards Related to School Bullying Child’s right to education  Principle 7 of the 1959 Declaration of the Rights of the Child  Article 28, CRC  Article 29, CRC Education of the child and the development of respect for human rights and fundamental freedoms  Vienna Declaration  UN Millennium Declaration 12

Human Rights Standards Related to School Bullying General Comment No. 1 13

Human Rights Standards Related to School Bullying Bullying – definitional problem Cyber-bullying Homophobic and transphobic bullying 14

Human Rights Standards Related to School Bullying Mental health 15

Human Rights Standards Related to School Bullying Liability of schools Anti-bullying policy Code of behaviour 16

Human Rights Standards Related to School Bullying Prevention - whole school approach - active involvement of key stakeholders Change attitudes Teaching children about their human rights Anonymity 17

Human Rights Standards Related to School Bullying Strategies to support LGBT young people to remain in schools Law and technology 18

Human Rights Standards Related to School Bullying 19 States in United States – anti-bullying legislation New South Wales Massachusetts Sanction – a solution? 19

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