In addition to current legal documents stipulating that children's rights and obligations need to be guaranteed, and specific regulations on protecting children from school violence, schools need to have their own regulations and rules appropriate to the local environment where children are studying, to minimize school violence occurring inside and outside of school.
The 2016 Law on Children addresses the rights and obligations of children in general very fully and in detail. However, it is necessary to add more laws to protect secondary school students, the laws do not specify the subjects and circumstances of crimes. Due to the psychological characteristics of this age group, there should be appropriate provisions for this age group. It is necessary to add laws for children aged 11-15 to avoid negative elements in society having the opportunity to circumvent the law, violating the rights of children in general and secondary school children in particular.
State management agencies need to review the system of legal documents on school violence prevention to detect shortcomings in order to make amendments and improvements to suit practical requirements; review, amend and supplement school regulations and rules, including specific regulations on rewards and discipline for students. Complete the system of documents related to regulations and licensing regulations for general education institutions to ensure requirements for building a safe and healthy educational environment, preventing and combating school violence. Each school itself needs to have regulations on the behavior of teachers with students, students with students in school, and students in school with students from other schools; and regulations on coordination between families and schools. Some legal regulations on preventing and combating school violence in particular and protecting children in general associated with building a safe, healthy and friendly educational environment according to Decree No. 80/2017/ND-CP dated July 17, 2017 of the Government show that there are some acts that have not been regulated by law; the fines for some acts of school violence are still low and do not have the power to deter and educate... such as: Decree No. 167/2013/ND-CP
dated November 12, 2013 of the Government stipulating administrative sanctions for violations in the fields of security, order, social safety; prevention and control of social evils; fire prevention and fighting; prevention and control of domestic violence. Therefore, relevant ministries and branches such as the Ministry of Labor - Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Education and Training need to review to promptly propose amendments, supplements and replacements of inappropriate regulations in the
Legal documents regulating the prevention and control of school violence, to ensure feasibility and suitability with reality.
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In addition, in the context of society having many negative impacts on families, on the awareness and thinking of young people, the roots of education need to be combined in the family environment and cannot be "relying on teachers for everything". Therefore, it is necessary to consider the provisions on parents in the Family Law, the Child Protection Law as well as some other laws. Accordingly, when school violence occurs, how should parents be responsible? The prevention of violence against children also needs to be included in the provisions binding the responsibilities of parents.
3.2.2 Incorporate human rights, children's rights, and school violence prevention into the secondary school curriculum
Based on the Party's guidelines and policies, the State's laws and international treaties that Vietnam has signed and ratified on human rights, it is necessary to develop documents to include human rights, children's rights and issues related to preventing school violence in the secondary school curriculum. Of course, it is necessary to ensure the ideological, scientific, interconnected and practical nature of including human rights in the curriculum, suitable for each grade and training level. This is an extremely necessary and extremely important task in the education and protection of the right to be protected from school violence of secondary school students from the practice of Hung Yen province.
The Provincial Department of Education and Training needs to soon issue a set of standard documents on life skills and make it an official subject and issue regulations on rewards and student discipline.
students because the previous documents are outdated. According to teachers, the values of respect, love, responsibility... are important foundations for teachers and students to move towards a healthier environment, without violence. This solution contributes to the propaganda, dissemination, and education of human rights, the rights of students, in order to create a change in the awareness of learners, teachers, and educational managers about the importance, awareness of self-protection of their own rights, respect for the dignity, rights and freedoms of others; awareness of the responsibility and obligations of citizens towards the state and society, contributing to the comprehensive development of Vietnamese people to meet the requirements of integration and sustainable development of the country.
Local education management agencies and educational institutions complete the content of human rights, children's rights, and school violence prevention in the curriculum of subjects (such as Ethics, Civic Education, Economic and Legal Education) that have been oriented on the content in the innovation of the general education program (comprehensive program); Continue to integrate the content of school violence and the importance of preventing school violence, and students' awareness of law compliance in the content, subject curriculum, and educational activities of the new general education textbook program. Integrate the content and knowledge of ensuring a safe, healthy, and friendly educational environment, and preventing school violence into the educational plan of educational institutions. In addition, we also focus on education, equipping knowledge, and training skills on preventing and combating school violence and child abuse for learners, administrators, teachers, staff of educational institutions, and learners' families. Send teaching staff to study and research at prestigious domestic training institutions and training institutions in countries with good traditions and experiences in teaching human rights, children's rights, and preventing school violence.
In addition, educational institutions in the province need to develop and implement a code of conduct for cultural behavior in schools; models for preventing school violence; deploy a toolkit to support the prevention of risks of school violence and scenarios for responding to violent situations.
3.2.3 Strengthen information and propaganda work on the Party's viewpoints and policies, the State's laws, the Provincial Party Committee's and the Provincial People's Committee's laws on preventing and combating school violence.
Local education management agencies and educational institutions must step up propaganda on mass media, electronic information pages, communication channels and other forms to each school, each teacher; promote widespread propaganda to parents as well as students, contributing to reminding and educating them to know how to protect themselves first.
With the policy of "Joining hands to protect children; preventing and combating school violence" associated with the propaganda of the Party and State's policies and laws on child protection, care and education; posting messages to protect children's rights. The Department of Culture, Sports and Tourism of Hung Yen province needs to proactively coordinate with media agencies and press to strengthen the propaganda of policies and laws on education and prevention and combating school violence such as developing reports, propaganda trailers, special pages, columns... on the topic of "protecting children from school violence" on the mass media of Hung Yen province; Carry out propaganda of slogans and propaganda messages on the streets to condemn and criticize violations of the law on preventing and combating school violence. At the same time, organize training to improve the professional skills and expertise of officials working in education and prevention and combating school violence at all levels; guide the collection of information reports on education and prevention and combating violence.
schools; monitor, inspect and urge the implementation of legal regulations on preventing and combating school violence.
Provincial departments, branches, sectors and mass organizations, within the scope of their functions, tasks and powers, shall proactively organize and effectively implement education, propaganda and prevention of school violence in the entire sector and units under their management; maintain orderly operations and have positive changes and innovations in operations; regularly direct and orient content that needs to be focused on propaganda. At the same time, educational institutions need to focus on organizing forums and educational activities to increase students' participation in educational activities; encourage and motivate management staff, teachers and workers in educational institutions to apply active educational methods, enhance education on self-protection skills and positive communication and behavioral skills for students.
The implementation of Programs, Plans, Projects and guiding documents for implementation has been paid attention to, focused on, closely following political tasks, socio-economic development, ensuring national defense and security in the locality. The content of propaganda focuses on documents directly related to children's rights, and the issue of public concern is the prevention of school violence among students at all levels in general and secondary school in particular. Actively deploying diverse forms of dissemination, propaganda and education suitable to the characteristics and situation of the locality. At the same time, promoting the movement of the whole people to care for, protect and educate children; increasing the mobilization of all social resources to join hands to improve the living environment for children, creating opportunities for children to live in a safe, healthy environment and develop comprehensively.
3.2.4 Raising students' awareness of the harmful effects of school violence, combining education on life skills, conflict resolution skills, violence; preventing and combating violence for middle school students
It is necessary to recognize and evaluate school violence as a psychological problem for students to solve it from the perspective of educational psychology. Legal education is the process of providing knowledge, emotions and legal beliefs, thereby creating for students the habit of living and behaving according to the law. This is a basic and regular measure that has a decisive meaning in measures to ensure the rights of students. At the same time, this is also a basic measure to prevent behaviors that can lead to crimes in current school violence cases.
In addition to the solution of disseminating the law to schools, teachers and parents, it is necessary to promote the dissemination of legal education to the target group of students, raise awareness of learners in educational institutions about the dangers and consequences of school violence; about the responsibility to detect, report and denounce acts of school violence; prevent and promptly intervene in acts of school violence in accordance with their own abilities, plus educate and equip learners with knowledge and skills on preventing and combating abuse of learners; preventing and combating school violence; violence against children in the online environment for learners, managers, teachers, staff of educational institutions and learners' families. At the same time, propaganda should be done so that many students and parents know about the hotline 111 - not only a hotline to report incidents but also a place to provide timely advice and support when unsafe situations or violence against students occur, and help students when they have psychological problems, including students who are victims of violence and those who commit acts of violence. Or, educational institutions should coordinate with organizations to have solutions to create information channels such as suggestion boxes, hotlines and other forms of school violence of educational institutions in the province to quickly receive information.
With the desire to bring a happy, healthy and safe learning environment for students, secondary schools in the province need to organize life skills education sessions on "School violence prevention skills" to help students have the right awareness of the problem of school violence such as: skills to recognize signs of school violence; skills to express opinions to criticize and accept ways to prevent school violence; skills to integrate and participate in groups of friends; skills to master and cope with the consequences of school violence; skills to control negative emotions when being abused. Through specific situations and suggestions, students learn a lot more about the circle of school bullying and ways to escape the circle of bullying. Consider teaching students 5 basic skills to call for help when becoming the target of a person or group of people who commit school violence. Those skills are specifically: Avoiding, Negotiating with friendliness, Negotiating with assertiveness, Seeking emergency support, Reporting.
3.2.5 There are forms of handling violations of school violence.
First of all, the task of the police force in the province is to do a good job of grasping the situation, monitoring the surrounding area, coordinating with the school board to clean up the area of each school; proactively detecting, preventing, investigating, arresting, and promptly handling people with behaviors related to school violence; coordinating with competent agencies to deploy timely support measures for victims of school violence; coordinating with the People's Procuracy and the People's Court to select serious cases related to school violence to handle publicly and mobilely for general deterrence, education, and prevention.
Students who commit acts of school violence may be subject to administrative sanctions according to the provisions of the law "People from 14 years old to under 16 years old shall be subject to administrative sanctions for intentional administrative violations" (Article 5 of the Law on Handling of Administrative Violations 2012) in the form of Warning. "Warnings are applied to individuals and organizations that commit
administrative violations that are not serious, have mitigating circumstances and according to regulations, are subject to a warning penalty or to all administrative violations committed by minors from 14 to under 16 years old” (Article 22 of the Law on Handling of Administrative Violations 2012). In addition, this act also violates health, honor, and dignity, so civil compensation may be required for health violations. If this beating seriously affects the honor and dignity of other students, they must be responsible for compensating for the damage caused by the violation of honor and dignity. In addition, another amount of money must be paid to compensate for mental damage.
Criminal measures can also be applied based on Article 12 of the Penal Code: “People aged 16 and over shall bear criminal responsibility for all crimes. People aged 14 and over, but under 16, shall bear criminal responsibility for very serious intentional crimes or especially serious crimes”. Accordingly, students aged 16 and over shall bear criminal responsibility for the following crimes:
Crime of intentional injury according to Article 104 of the Penal Code:
"Anyone who intentionally causes injury or harm to the health of another person with a disability rate of 11% to 30% or less than 11% but falls into one of the following cases, shall be subject to non-custodial reform for up to three years or imprisonment from six months to three years:
a) Using dangerous weapons or using tricks to cause harm to many people;
c) Committing a crime multiple times against the same person or against many people;
i) Being of a hooligan nature or a dangerous recidivist;”
In addition, it is also possible to commit the crime of humiliating others (Article 121):
"Anyone who seriously insults the dignity or honor of another person shall be subject to a warning, non-custodial reform for up to two years, or imprisonment from three months to two years."