Protection Of Pupils Against Violence - Limits Of The National Legislative Framework

Anda Anca Rodideal; Valentina Marinescu; Alexandra Elena Neagu; Robert Andrei Lunga; Cornelia Rada

Anda Anca Rodideal Municipal Centre of Resources and Educational Assistance Bucharest
Valentina Marinescu
Alexandra Elena Neagu
Robert Andrei Lunga
Cornelia Rada

Abstract

Objectives: the National Legislative Framework regarding the protection of pupils against violence within the school environment consist of many laws and regulations at national and local level. Most of them are renewed starting from 2023, such as: the new Preuniversitary Education Law no. 198/2023 (5th of July 2023), the Order no. 6235 – Procedure on the Management of Violence Cases (22nd of September 2023), the Order no. 6731 – Graduate Profile (6th of December 2023). In 2024 other important documents were officially issued: Order no. 5726 – Regulation on the Organization and Functioning of the Preuniversity Educational Institutions (6th of August 2024), Order no. 5707 – The Pupils Statute (12th of August 2024) and Government Decision No. 1065 – National Plan for Combating School Violence (2nd of September 2024). Starting from these national regulations there were issued at local level other plans for school safety and procedures for regularly report the cases of violence, or when they occured, involving cooperation of many institutions, from Police to Child Protection institutions. According to all these legal regulations, schools should implement different activities for preventing all types of school violence and for reporting when a case occurs. The measures that should be taken when it happened such a case are explained and detailed in almost all the above mentioned regulations, generally bring the same, but with small differences regarding the form and the actors that should be involved.

Results: this paper presents the relevant measures proposed by the existing laws and ministry orders for reducing school violence and for acting when such behaviours occurs, arguing that the big number of official documents have also a negative effect and finally, the teachers and school directors are overwhelmed by completing papers and reports, which affects and hinders their ability to act in order to reduce the phenomenon of school violence.