Are schools safe? Anti-bullying practices in primary schools in contemporary Serbia

TABLE OF CONTENTS

Introduction

1. Theoretical framework
1.1. What is bullying?
1.1.1. Malign and non-malign bullying
1.2. Why children and adolescents become aggressive?
1.3. Why tackling bullying is so complex?

2. Anti-bullying practices in Serbia
2.1. International framework
2.2. National legislative framework
2.3. National institutional bodies and instruments

3. Anti-bullying practices in Serbia ‘de facto’
3.1. Bullying as socio-cultural phenomenon
3.2. Key events; the public call for action in Serbia
3.3. Teaching staff in Serbia vs. bullying; the survey

Conclusion

Bibliography

Appendix A. Design Survey

Abstract

The issue discussed in this paper is the problem of school bullying at primary schools in the Republic of Serbia as it proven to grow as an increasing phenomenon. Specifically, the attention is given to anti-bullying practices in primary schools in order to analyze if children are free from violence, abuse and neglect. The central research question of the research is why bullying is an issue in Serbia and what is the responsiveness of public authorities tackling this issue, therefore including the accountability of primary schools in Serbia, the responsibility of the educational system for tackling bullying, the measures implemented by teachers/educators. To answer these questions, the paper presents international and national legislative framework, a theoretical discussion of bullying as socio-cultural phenomenon, together with a list of key events which stirred the general public and a survey. The study concludes that bullying is an issue in contemporary Serbia because of overall socio-economic conditions in Serbia, lack of expert associates within schools, inadequate prevention and intervention measures, and necessary amendments of the current legislation. Also, the research confirms the initial hypothesis by which current anti-bullying practices in primary schools in Serbia do not stand for effective response and adequate measures to prevent and reduce school bullying.

Key Words: bullying; Serbia; anti-bullying practices; key events

Introduction

Where humans can’t leave and mustn’t complain,

There some will emerge who enjoy giving pain.

Les Murray^[1]

Bullying is a worldwide problem; however it often remains silent or particularly ignored in schools. The basic descriptions of school bullying is as a situation in which one or more students (the ‘bullies’) single out a child (the ‘victim’) and engage in behavior intended to harm that child. In other words, bullying is any form of physical and/or psychological violent behavior done towards a child by their peer or peers with the intention to harm the child. Negative consequences of bullying refer to physical harm, emotional distress, and / or social embarrassment or humiliation.^[2] Bullying tends to be a hidden activity, and that is a great challenge when it comes to reducing the prevalence of bullying in primary schools.

Some interesting statistics on the subject of school bullying are as follows: according to the research done by Eslea et al. the presence of bullying has been reported by students in schools around the world^[3], in the United States one out of every four students (22%) reported being bullied during the school year in 2013, of these students, who were ages 12-18, about 14 percent reported that they were made fun of, called names, or insulted; 13 percent reported being the subject of rumors; and 6 percent reported that they were pushed, shoved, tripped, or spit on.^[4] 64 percent of children who were bullied did not report it; only 36 percent reported the bullying.^[5] More than half of bullying situations (57 percent) stop when a peer intervenes on behalf of the student being bullied.^[6] School-based bullying prevention programs decrease bullying by up to 25%^[7] and as for the reasons for being bullied students most often reported their looks (55%), body shape (37%), and race (16%).^[8] Students who experience bullying are at increased risk for poor school adjustment; sleep difficulties, anxiety, and depression. Students who act as bullies are at increased risk for academic problems, substance use, and violent behavior later in adolescence and adulthood. Students who are both targets of bullying and who bully are at greater risk for both mental health and behavior problems^[9].

As for recent statistics on prevalence of school bullying in the Republic of Serbia it is important to shed light upon the results of a questionnaire study done by Dragan Popadic and Dijana Plut (Popadic & Plut, 2006).^[10] The study included 26,228 pupils of grades 3 through 8 in 50 primary schools across Serbia. According to the study 65.3% of the pupils stated that they experienced some form of peer violence. As for repeated violence cases 20.7% of the pupils were identified as victims, 3.8% as perpetrators of violence, and 3.6% as victims/perpetrators.^[11] This percentage of 20.7% is close to the percentage of students who reported that they were victims of bullying in the United States in 2013 which confirms the first opening sentence of this thesis which states that school bullying is a worldwide problem. Also, this indicates that every fourth student in primary schools in the States and in the Republic of Serbia is already or can become a victim of bullying.

Based on presented description of school bullying and available statistics on its prevalence, it is evident that school bullying stands for a clear violation of what is considered to be a fundamental human right, right to education. School bullying prevents a child to exercise his or her right to education which is guaranteed by Article 13 of the International Covenant on Economic, Social and Cultural Rights (hereafter ICESCR). The States Parties to the ICESCR must recognize the right of everyone to education. Furthermore, in the Article 13 it is stated that state parties should ensure that education is “directed to the full development of the human personality and the sense of its dignity, and it should strengthen the respect for human rights and fundamental freedoms”. They further agreed that education should “enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups” (Art. 13).^[12] The right to education is also guaranteed by the Convention on the Rights of the Child (hereafter CRC). The CRC, by its Article 28 states that every child has the right to education. Article 29 of the CRC states that purpose of education is that a child develops their personality, talents, mental and physical abilities to the fullest extent. In addition, the Convention states that no one can hurt the child, and that adults should create conditions for children to be protected from all forms of abuse.^[13]

The case of suicide of a young boy named Aleksa Jankovic who was a victim of bullying in 2011 in Nis, Serbia raised the awareness about this issue not only in Serbia but in the region of Western Balkans as well, emphasizing the severe consequences if the problem of bullying is ignored. As it will be further explained in the thesis paper, bullying might often lead to suicide because of the inevitable situation and peer pressure on the victim.^[14]

Being aware of the complexity of elimination of bullying in schools we have to question how can we reduce it or at least educate the students about the possible consequences of bullying. The central research question that this thesis paper is trying to answer is: “Why bullying is an issue in Serbia?,” and it is linked to its working hypothesis that current anti-bullying practices in primary schools in Serbia do not stand for effective response and adequate measures to prevent and reduce school bullying. In order to conduct the research I have also focused on the following sub-questions: Why tackling bullying is so complex? What is the accountability of primary schools in Serbia? Why is the educational system responsible for tackling bullying? What measures are implemented by teachers/educators when they witness any sort of violence among students? Is the Law on Primary Education in accordance with prevention of bullying at schools? My claim is that although Serbia is a state party both to ICESCR and the CRC it still has a long way to go in the implementation of its current anti-bullying practices within the primary schools. My study aims to assess what actions Serbia has carried out to reduce school bullying in order to enable all children to exercise their right to education.

This thesis follows a qualitative research design as methodological approach. By conducting my own survey on the subject, I was able to analyze the content of legal documents, as well as other secondary sources regarding the issue of school bullying such as reports, research, and statistics which are relevant to support my working hypothesis. In order to prove my working hypothesis, I have also relied on national and international legislation, and monitoring reports prepared by non-governmental organizations (hereafter NGO’s) and international organizations (hereafter IO’s) regarding the issue of bullying. The topic of my thesis is placed and related to a number of different fields of study. It concerns pedagogy, since the issue dealt in the thesis is a major concern in education systems around the world, especially nowadays. In order to explain this negative societal phenomenon I have also used literature from the fields of sociology and psychology. And, last but not least, due to its working hypothesis, the study of law is just as relevant for the topic.

Concerning the structure of this thesis paper the first chapter provides the theoretical framework regarding the concept of school bullying. It offers definitions on the subject of school violence and its types, bullying and its types, and answers the question why the process of tackling bullying is so complex. It relies mostly on the research work done by Dr. Dan Olweus^[15], recognized as a pioneer and founding father of research on bullying problems, and on the research done by one of the most prominent experts on bullying in the world, Dr. Ken Rigby.^[16] The second chapter deals with the issue of anti-bullying practices in the Republic of Serbia on three levels: on the level of international framework it presents the position of the Republic of Serbia regarding the former, on the level of national legislation of the Republic of Serbia regarding its anti-bullying practices and on the level of its institutional mechanisms. The third chapter presents the key events which raised the public attention regarding this negative societal phenomenon and also the results of my survey conducted in several primary schools in Serbia.

It is important to conduct research on this topic in the Republic of Serbia since it has been stated by several sources that school bullying is at increase in contemporary Serbia^[17]. School bullying does not just harm the children who are victims of bullying; it also has a negative impact on the well-being of families and communities. Firm social relationships relevant for prevention of behavioral problems and positive childhood development are established in school settings. Therefore, it is important to tackle bullying and make schools safe places for all children. This is also in accord with the concept of inclusive education^[18] which is the main principle of recent school reforms around the world. My thesis is a small contribution to current efforts to raise awareness of general public about this issue, and to set up more effective legal frameworks by highlighting what are problems in the existing legislation, and what are problems in the implementation of the adopted legislation and national strategies.

1. Theoretical framework

This chapter introduces the main theories and phenomena on bullying. It is necessary to outline the basics and provide more details about the layout behind the actual outcome of bullying, main causes, certain definitions and types in order to closely observe the problem of bullying in schools. In the following text school violence is defined, what violence is per se and theories of different authors since the concept of violence can be interpreted in various ways as well as from different backgrounds. The main concept of violence is discussed to highlight and explain bullying. Also, different types of bullying are presented and briefly explained, as well as the factors which contribute to its increase or rather its decrease among peers. As the thesis is not focused on violence per se, but particularly on school violence, this phenomenon is also briefly outlined to help drawing conclusions about the problem.

1.1. What is bullying?

At the level of individuals, violence is a cleansing force.^[19]

The first societal interest in bullying started back in the late 1960s in Sweden under the term “mobbing”^[20]. Heinemann, who was a school physician, introduced this concept in a Swedish debate in the context of racial discrimination in 1969. The word mobbing was used to describe an attack of a group of animals on animals of different species which are in most cases bigger and a natural enemy of the group. Furthermore, the term mobbing was mentioned in Lorenz’s book in 1968 to describe a group of students or soldiers attacking an individual differing from the group. So, in conclusion the word was used for certain groups which are attacking vulnerable individuals, or smaller groups which they perceive as enemies. Hereby, bullying could be mirrored through “mobbing”.^[21] School violence is a worldwide problem since each school is perceived as a social institution working under certain regulations to provide a better students development and if violence is present then this development is not enabled.^[22] Violence is defined in a Special Protocol for the protection of children and students from violence, abuse and neglect in education as a verbal or non-verbal conduct which is repeated and results in real or potential threats to development, dignity of children or health.^[23] Also, Dragan Popadic and Dijana Plut defined violence as a “behavior that causes damage, which can be verbal and non-verbal and can include physical injuries, causing material damage or psychological injuries such as intimidation, embarrassment or social isolation, etc.”^[24]

It is hard to expect that there is one standardized definition of the concept; all definitions share the common concept of bullying which is that a victim or a student who is bullied is exposed to negative actions performed by one or more students over a certain period of time, which happens repeatedly. The emphasis is on the negative or aggressive action performed repeatedly and over time.^[25] Nansel and Olweus offered the most common definition of bullying “as repeated aggressive behavior in which there is an imbalance of power or strength between the two parties.”^[26] According to Olweus the student who is constantly under the pressure of negative actions faces problems in defending himself or herself.^[27] However, Smith and Brain in 2000 use three criteria of bullying which are intention, repetitiveness and imbalance of power.^[28] So, connecting these interpretations bullying can be described as a set of aggressive action or behavior performed with intent to cause injury discomfort upon another person. Hereby, bullying is aggressive repetitive behavior accompanied by asymmetric power relationship.^[29] Olweus is not interested in power as an institutional context per se but rather on power of an individual to dominate with others.^[30] According to Hawker and Boulton, being a victim can result with self-esteem, anxiety, depression, school refusal and others, in addition being a bully leads to a risk of violence and abuse in the future.^[31] The most tragic consequence of bullying is suicide; the first anti-bullying interventions at the national level were brought in 1983 in Norway when three boys committed suicide.^[32]

Contemporary scientific researches formed different classification of bullying or violence among peers in schools. Some authors use the criteria of “function of violence” which is divided on instrumental and hostile violence; instrumental violence stipulates violence that includes benefits and the hostile one has a function of inflicting pain on someone.^[33] Also, there is a distinction of formal and informal violence; the formal includes direct attacks on the victim, for example, a direct interaction of bullies and victims which results with certain physical or psychological consequences. Hereby, a student as the victim is directly exposed to verbal or nonverbal violence done by the abuser, since it includes physical and psychological consequences this drafts a physical attack, as hitting, pulling, slapping etc., and also teasing, humiliating the victim as a form of psychological effect. Informal violence stipulates the manifestation of violence but indirectly, which means the abuser and the victim are not in a direct relationship.^[34] Moreover, there is no a direct contact likewise in formal violence, there is no physical violence manifested through the concept of informal violence, therefore, this form of violence has a psychical impact, in a form of communication among classmates, and this sort of conversation becomes negative and influences the victim, this includes: gossiping, rumors, provoking, marginalization, humiliating etc.^[35] Hence, the former type of violence rather describes the direct contact and physical harm, while the latter one includes an indirect contact and psychological harm. Furthermore, school violence can be further divided into physical, psychological, sexual, social and digital violence.^[36]

In this thesis attention will be given to physical, psychological and social violence among peers. Physical violence stipulates a direct physical attack when someone is inflicting pain on someone or has an attempt of inflicting pain. This type of violence can happen occasionally or continuously, however physical violence can be only physical but also a combination of psychological and physical. Psychological violence is a threat to mental and emotional health and dignity.^[37] Therefore, this is a more a typical violence among peers since it has a psychological influence on someone’s psyche, and especially it influences the students since primary school students do not have a formed character due to the age and inexperience. Physical violence involves the direct physical attack with the body, or an object, unlike psychological violence which drafts a psychical harassment of the victim. Social violence inflicts isolation of individuals form the group and deprives one’s social status in the group. This could happen because of the reluctance of accepting someone who is different for example, because of their sexual orientation, race, religion, behavior, etc. so peers due to undeveloped empathy reject these individuals.^[38]

Behavior that is characterized as bullying behavior is the one done with intention to harm another person by a stronger person or a group of persons. It is important to clarify that when the term “stronger” is used in describing bullying it does not necessarily mean a physically stronger person. Harm can be done upon another person not just by the means of physical power; there are different forms of power or strength.^[39] This power relates to the concept of personality which can be more powerful in relation to the victim, and such persons are mentally stronger, not sensitive or less sensitive, and they posses certain traits which make them hurt others and not to be hurt. These include verbal behavior, intelligence, quick response and confidence which enable them to be superior among others. In addition to this strength, they might be superior because of the status as group leaders or “popular” children among peers which gives them more confidence. This does not mean that all children who possess these traits or this type of societal power will bully their peers.^[40]

Each classification of bullying can be divided into direct and indirect bullying. According to Rigby, examples of physical bullying direct form would be hitting, kicking, throwing stones, pinching, while the indirect form would be sending someone to hurt the victim, by again using the already mentioned forms of violence. Non-physical bullying is divided into verbal and nonverbal one, verbal insults and name calling are direct forms of verbal bullying, while making someone also to do these actions or gossiping and spreading rumors is an indirect form. Threatening and obscure gestures are examples of the direct form of non-verbal bullying, while activities such as removing and hiding belongings or deliberate exclusion from a group or activity are examples of indirect forms of non-verbal bullying.^[41]

It is quite possible that when bullying does take place in schools that these different forms and types of bullying are not excluded but these do accompany one another. The physical type in its direct form of bullying which refers to for example, hitting, spitting or throwing stones might the most visible type, however the non-physical or psychological type with its verbal and non-verbal sub-types which refer to the following activities: verbal insults, name calling and threatening and obscene gestures in its direct form, and persuading another person to insult someone, spreading malicious rumors, removing and hiding belongings and deliberate exclusion from a group or activity in its indirect form can be evenly devastating for the victim.^[42]

1.1.1. Malign and non-malign bullying

According to Ken Rigby we can differentiate two types of bullying which includes malign bullying and non-malign bullying. The main concept of malign bullying is about the malign intent, which literally means that a bully intentionally and consciously wants to harm the others with an aim of using the power on purpose; therefore malignancy is the core of this type of bullying. Malign bullying has seven important elements:^[43] An initial desire to hurt; Rigby explains that there is a desire in the bully to hurt the other person, however, it is not common to have a wish to hurt someone, but everybody has such desire sometimes. Hence, most of us suppress this desire and do not hurt others, unlike bullies; they do not suppress this feeling and inflict pain on another;^[44] The desire is expressed in action; the expression of the desire depends on various factors, explicitly the strength and the persistence to hurt; Someone is hurt; the aggressive action depends on the incapacity of the other person involved, which implies that bullying itself cannot be defined without taking into account the vulnerability of the victim to defend him or herself; It is directed by a more powerful person or group against someone less powerful; it is about an imbalance of power between bullying participants, however, in schools bullying often involves an unequal physical and psychological strength due to the inequality of strengths among participants; It is without justification; there is no justification for bullying, even if we believe that the more powerful justifiably bullied the others, we conceptualize bullying when there is no reason for it; Typically, repeated; the bully repeats the action over and over once he/she finds a victim, the repetitive negative actions will occur, and this is one of the reasons why bullying is such a serious problem; With evident enjoyment; the joy of a bully to perform any sort of harassment or violence against the weaker is present.^[45]

On the other hand, non-malign bullying is not followed with malice, for the victim this does not play an important role, the hurt one may hurt as much as that. In addition, there are two types of non-malign bullying mindless bullying and educational bullying; the one thing that connects these two types of bullying is the lack of awareness on the abusers’ side.

When it comes to mindless bullying we are talking about the bullies who often bully others and this type of bullying is not followed by the malign bully, since these bullies, and bullies are not in most of the cases hostile at all. To make it clear, bullies here are described as conformists who are not aware of their actions, in a way that they do not exactly know what they do. They perceive bullying as a game, like teasing, an action that does not cause any harm and its aim is pleasure. That is way this type of bullying is called a mindless bullying it is not manifested through the evil desire, it is more manifested to be part of the group and have fun. However, how harmless the motivation is, it may cause serious consequences to victims; therefore, this type of bullying is serious.^[46]

Educational bullying is perceived as positive for the victim, it is not based on malice, desire to hurt or to make someone miserable. Rigby provided an example of his own experience when he had a student who did not develop his arguments well in the paper he wrote, Rigby identified many mistakes and was pointing them out, but the student was thinking that Rigby was just picking him up to provoke instead of defending his arguments and realizing his own mistakes. Rigby in this case did not want intentionally to hurt his student, however he did that and it became destructive for the victim, in this case his student.^[47] So, educational bullying is harmful even if it is unintentional, it is based on how the judgment is delivered and as well this type of bullying relies on the power imbalance, for example, student-teacher relation.

1.2. Why children and adolescents become aggressive?

In theories and studies that sought to answer the question why children and adolescents become aggressive or engage in bullying, a list of a group of factors can be detected: the role of the family and genetic factors, impaired social cognition, socio-economic status of the family, interpersonal influences, belonging to groups of peers with problematic behavior, influence of mass media and wider cultural factors.^[48]

According to Olweus, parental education and the conditions in which children grow up affect the occurrence of violent behavior of children through four factors: parental warmth and affection, parental supervision, physical punishment and violent emotional outbursts by parents, and the temperament of the child. ^[49] As for the first factor, concerning parental warmth and affection, children of parents who are not affectionate and of parents who are emotionally insensitive to the child's needs and who provide little emotional support, attention and interest in the child are often disobedient, aggressive and show behavioral problems.^[50] “Furthermore, Olweus states that the lack of warmth and attention, especially in the youngest age, increases the risk of later violent behavior in the boys and his hostility towards others… The basic negative emotional approach characterized by lack of warmth and attention, clearly increases the risk of later violent behavior of the child and development of hostility toward others.”^[51] The negative consequence of growing up in such a family environment is that the child develops low level of empathy toward others.^[52] Concerning the second factor, parental supervision, it refers to the extent to which the child is controlled, disciplined and directed. By not setting up clear boundaries, limitations on child’s violent behaviour toward peers and adults in the youngest age, child’s aggression will be increased, and with that the possibility that the child will later develop violent behaviour.^[53]

As for the third factor, physical punishment and violent emotional outbursts, the results of a research done by Baldry has shown that children, who behave violently towards peers at school, as well as those who are victims of bullying, grew up in families where they witnessed interparental physical violence and direct bullying (Baldry, 2003).^[54] Antisocial behavior in children is less likely to develop in cohesive families. Domestic violence is also a risk factor for the manifestation of aggressive behavior, and this is a standpoint supported by the results of numerous studies. According to the Canadian National Longitudinal Survey of Children and Youth, children who witness domestic violence in a greater number abuse their peers directly or indirectly.^[55] Concerning the temperament of the child, the word is not just about the child and its temperament but rather about the relationship between the child and parents. For example, if parents are not sensitive enough, not patient enough, not persistent and unstable the risk is increased that the children who are harder to ‘handle’ can develop insecure attachment and that the parents will react aggressively to the child’s behavior.^[56]

As for the connection of socio-economic status of the family and violent behavior of children research done by Olweus has shown that this is not associated with the level of bullying. Students who demonstrate violent behavior and students who are victims come from all social classes.^[57] As for relation of gender and bullying, the research has shown that boys are more prone to aggression already from the pre-school period. Also, it has been shown that the boys suffer from more severe symptoms of behavioral disorders than girls.^[58]

1.3. Why tackling bullying is so complex?

Tackling bullying is complex because it is a societal phenomenon meaning that it takes place within a group.^[59] Sometimes the bully is supported by the group of peers, who are, expressed in colloquial language, cheering to harass the victim/s.^[60] Furthermore, the children who act as bullies enjoy a good status among their peers and are powerful over others, victims on the other hand become more vulnerable and unable to react.^[61] They fall into a circle of violence followed by learned helplessness, which Seligman describes as a condition in which the victim suffers from powerlessness and accepts it and always expects it since it is a learned behavior, and this might lead to suicide as the only solution.^[62]

Children who are bullies often enjoy the position of power in the group of peers and often are not punished for their negative behavior, and even encouraged to keep on doing negative actions against others.^[63] In order to understand why members of the peer group do not protect the victim of bullying, or even sometimes participate in bullying as collaborators it is important to discuss the following: the risk of status loss, the pressure an individual feels to act as part of the majority and the concept of deindividuation.^[64] If and when a member or members of the peer group decide to intervene on the behalf of the victim of bullying they risk the loss of status, friendship, and possible retribution. For children and youth it is extremely important to be ‘popular’ among their peers and an intervention on behalf of the victim could bring a loss of ‘popularity.’^[65] Individuals are under constant pressure to act as a part of majority. Therefore, even if a member of a peer group feels that he should intervene, he or she will refrain in order to remain a part of the group. The concept of deindividuation refers to diffusion of personal responsibility which takes place within groups. Members of the peer group involved in bullying do not feel personally responsible since their identity is protected by the size of the group.^[66]

In order to explain why children fail to intervene on behalf of the victim it is necessary to further analyze bullying through the topic of group dynamics. "It is the group that prescribes behavior, values ​​and attitudes of its members that by their standards make something to become something usual, but something inappropriate or not allowed."^[67] Within the groups different statuses are formed, these statuses place the children in an unequal position before the violence even takes place. By this different social power is awarded to a potential abuser and victim. From the group depends on how it will react to violence, and how will this phenomenon continue to affect the bully, and how the victim of violence. From the status of the child who has witnessed violence, depends on whether it will intervene in the violence or not in accordance with the dynamics of the group to which the child belongs. Violence, interpreted through group dynamics approach alienates us from the interpretation of violence by the individual characteristics of personality. Violence is a group phenomenon, and as such it affects not only the main actors of violence, but also the observers. Observed from a group perspective, the responsibility for violence is transferred to the group and not just the main actors. When violence does occur, it usually occurs in the presence of other members, or it is found out about the violence later. Thus, violence is a test for all those who are directly involved in the violence and for those who have witnessed violence. Will the violence continue depends largely on whether the witnesses will react to violence or not, that is from the dynamics of the group.^[68]

When it comes to observing the violence as a group phenomenon, it is necessary to mention Schuster's^[69] claim that the school departments necessary, by their psychodynamics, produce violence, and that school violence is basically a natural, inevitable, normal phenomenon of the school life. According to this violence is only a form of conforming to group norms, and if a student distinguishes from the group norms it is quite logical that the answer will be violence.^[70] This statement is in line with the research which has shown the majority of students consider that someone becomes a victim because they ‘don’t fit in’ (Hoover, Oliver, and Hazler, 1992).^[71] However, to even consider that peer violence is a normal phenomenon of school life is extremely unethical and shows lack of empathy toward those whose physical and/or psychological suffering due to peer violence was that great that made them commit suicide as their ‘way out’. However, the theory of preserving the group values and norms through the use of violence can explain why it is so complex to tackle bullying. According to Garandeau & Cillessen violence may increase cohesion among the members and constitute a common goal, especially in groups with low quality of mutual relations. A person who is seen as a hindrance to the achievement of common goals and who questions the group values and norms, as a rule should be a victim.^[72] Furthermore, a study done by Card has shown that victims of bullying are more alienated from their peers, their friendships are of lesser quality, they have got a small number of friends and they are not as much accepted in the group (Card, 2003).^[73]

Although analysis of bullying as a group phenomenon is quite helpful in order to get an answer on a question how comes that children stand in silence when one or more of their peers are hurt, one must keep in mind that the complexity of peer social system. In schools “students are organized in formal groups such as shifts, classes, departments, sections, and these groups are crossed with informal groups which students organize themselves as dyads, cliques and more friendly groups, some of which were incorporated into school from extracurricular life.” This means that “students belong to multiple and interrelated peer networks whose composition and hierarchical structure change quickly.”^[74] Violence as a form of interaction in the group most often is associated with the class as a primary school group where it takes place. The bully is usually from the same class, but this is not a rule. This has been confirmed by research done by Roland & Galloway^[75] in 2002 and by already mentioned research done by Popadic & Plut in 2006.^[76]

2. Anti-bullying practices in Serbia

The second chapter deals with anti-bullying practices in Serbia on three different levels classifying these into three different frameworks: international framework, national legislation framework and the framework on national institutional bodies and instruments in the Republic of Serbia. Analysis of the international framework deals with the international documents and conventions which the Republic of Serbia had ratified and committed to implement. Analysis of the national legislative framework deals with relevant laws on the issues of right to education and the protection of children from all forms of violence. Analysis of the national institutional bodies and instruments deals with relevant strategic documents and relevant reports on the implementation of these documents.

2.1. International framework

Rights of the child are recognized and shaped in international law by numerous international documents. In this thesis paper I will focus on some of the most relevant international documents ratified by the Republic of Serbia which concern the right of the child to education and relate to the subject of tackling bullying in primary schools, in order to highlight the accountability of the Republic of Serbia in reducing bulling in primary schools within the framework of the international law. These documents refer to The Universal Declaration of Human Rights; The International Covenant on Economic, Social, and Cultural Rights; The Convention on the Rights of the Child (CRC); The Convention against Discrimination in Education; and A World Fit for Children. Accordingly, Serbia has an obligation to follow and fulfill the conditions from the signed and ratified international documents.

The Universal Declaration of Human Rights, which states basic rights and fundamental freedoms to which all human beings are entitled was adopted by the General Assembly of the United Nations on 10 December 1948. It asserts the principle of non-discrimination and proclaims that every person has the right to education (Art. 2 and Art. 26).^[77] The International Covenant on Economic, Social, and Cultural Rights (hereafter the Covenant) was signed and ratified by Yugoslavia^[78] on 8 August 1967 and 2 June 1971, respectively. The Covenant guarantees the right to education to everyone (Art. 13). State parties should also ensure that education is “directed to the full development of the human personality and the sense of its dignity”, and education should emphasize the importance of “the respect for human rights and fundamental freedoms (Art. 13).” Also, education should make it possible for all persons to become effective participants in a free society and “promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups (Art.13).”^[79]

The Convention on the Rights of the Child (hereafter the Convention) represents the most important international agreement on the rights of the child. The Convention was adopted in 1989 under the auspices of the UN and ratified by the State of Yugoslavia^[80] on 3 January in 1991 (entered into force 2 February 1991)^[81]. According to its preamble the state parties should afford “the necessary protection and assistance” to the child so it “can fully assume its responsibilities within the community.^[82] ”Furthermore, the state parties should enable the full and harmonious development of the child’s personality, and children should grow up “in an atmosphere of happiness, love and understanding.^[83] ”The child should also be brought up “in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.^[84] ”

According to the Convention states parties should “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence (Art. 19),”^[85] which obliges the states parties to tackle bullying in schools since bullying is a form of either physical or mental violence, or at times combination of both of these forms of violence, and it might lead to suicide of the victim. The right to primary education as compulsory and free to all is guaranteed by the Article 28 of the Convention. Furthermore, based on the Article 29 education should enable children to develop their personalities, talents and mental and physical abilities as well as to gain the sense of respect for human rights and fundamental freedoms.^[86]

Convention against Discrimination in Education (hereafter the Convention) was adopted by the UN Educational, Scientific and Cultural Organization (UNESCO), on 14 December 1960, and entered into force on 22 May 1962.^[87] The term ‘discrimination’ as defined by the Convention refers to “any distinction, exclusion, limitation or preference which, being based on race, color, sex, language, religion, political or other opinion, national or social origin, economic condition or birth” which “has the purpose or effect of nullifying or impairing equality of treatment in education (Art. 1).”^[88] Bullying in schools is often linked to discrimination, because children discriminate against each other, on different levels, including race, age, religion, sex, sexual preference, disability, mental illness, etc. Therefore, the state parties to the Convention are obliged to tackle bullying in schools since it is often motivated by prejudice against particular groups on grounds of race, religion, gender, sexual orientation etc. According to the Convention state parties must ensure equivalency of the standards of education in all public educational institutions and equivalency of the conditions relating to the quality of the education (Art. 4).^[89] Furthermore, the Convention states that education should be “directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms, “it also should “promote understanding, tolerance and friendship among all nations, racial or religious groups (Art. 5).”^[90]

A World Fit for Children is a document adopted by the UN General Assembly on 10 May 2002.^[91] The document’s plan of action demands from all countries that quality education should be provided to all children. Furthermore, children should be educated in an environment which is child-friendly and in which children should feel safe and free from abuse, violence and discrimination.^[92] In the document, it is also stated that all countries need to “adopt and enforce laws, and improve the implementation of policies and programmes to protect children from all forms of violence, neglect, abuse and exploitation, whether at home, in school or other institutions, in the workplace, or in the community.”^[93]

2.2. National legislative framework

Based on international documents the rights of the child are protected on national level of states by a number of laws and other legal acts and national strategies and protocols. These rights are realized within family, school, educational system, socialization with peers, and in different types of institutions, etc.^[94] Concerning the national legislative framework of the Republic of Serbia in relation to the issue of bullying in primary schools in this thesis the following laws will be presented: the Law on the Foundations of the Education System, The Law on Primary Education, the Law on Juvenile Perpetrators of Criminal Offences and Legal Protection of Juveniles, General Protocol for the Protection of Children against Abuse and Neglect, and National Strategy for Prevention and Protection of Children from Violence. However, the General Protocol for the Protection of Children against Abuse and Neglect, and National Strategy for Prevention and Protection of Children from Violence are presented in the next subchapter of this thesis paper as instruments of national bodies which deal with protection of the rights of the child.

The Law on the Foundations of the Education System (hereafter the Law) governs the fundamentals of the system of preschool, elementary and secondary education and pedagogy. It also determined the principles, objectives and standards of education and pedagogy. Manner and conditions for the delivery of preschool, elementary and secondary school education and pedagogy is also prescribed by this law (Art. 1).^[95] The education and pedagogy system must provide “equality and accessibility of education and pedagogy without discrimination and segregation based on gender, social, cultural, ethnic, religious or other background, place of residence or domicile, financial or health status, developmental impairments and disabilities” and education should take place in a democratic and socially responsible environment in which is fostered “openness, cooperation, tolerance, awareness of cultural and civilizational interconnectedness in the world, commitment to basic ethic values, values of justice, truth, solidarity, freedom, honesty and accountability”, furthermore education should take place in “an institution which ensures full respect of the rights of children, students and adults”. The Law also demands the cooperation with families by involving parents or guardians (Art. 3).”^[96]

In educational institution relations of mutual understanding and appreciation of personality of children, students, employed staff and parents should be fostered. Furthermore, employees are obliged to contribute to the development of positive climate in the classroom by their work and their overall behavior; behavior in the institution and relations of children, students, staff and parents are regulated by the rules of conduct in the institution (Art. 43).^[97] Article 44 stipulates abolition of any sort of discrimination within educational institutions. Within schools, activities that threaten, belittle, discriminate or segregate persons or groups of persons, on grounds of race, nationality, ethnicity, language, religion or gender, physical and psychological characteristics, disability, health status, age, social and cultural background, economic status or political orientation and encouraging or failing to prevent such activities, as well as on other grounds established by law are prohibited.^[98]

Physical, psychological and social violence; abuse and neglect of children and students; physical punishment and insults of personality, as well as sexual abuse of children or students or employees is also prohibited (Art. 45).^[99] Neglect and negligent treatment represents a failure of the institution or the employee to provide the conditions for the proper development of children and students. If signs of violence, abuse or neglect are noticed on the child or pupil, the institution is obliged to immediately submit an application to the competent authority (Art. 45).^[100] The student has the right to protection from discrimination, violence and abuse and neglect, the right to respect of their personality (Art. 103). Also, the student is obliged to respect the personality of other students, teachers and other school employees (Art.112).^[101]

If a student violates these obligations, the school is obliged to, with participation of parents or guardians of students reinforce educational work activities in the framework of the departmental community, professional work of divisional elders, educators, psychologists, special teams, and when it is necessary to cooperate with appropriate institutions of the social, and health care (Art. 113). Serious breaches of obligations of students among other include behavior which endangers students’ own safety or the safety of other students, teachers and staff at the school and that leads to their physical and psychological injure; the use of mobile phones, electronic devices and other resources for purposes which threaten the rights of others; and bringing to school or other organization weapons or other objects that may endanger or hurt another person (Art. 113). Furthermore, it is stated that the student, parent or guardian is responsible for material damage they inflict school student, intentionally or out of gross negligence, in accordance with the law (Art. 113). However, responsibility of the parent or guardian is not mentioned when a student endangers the safety of other students.

The school does have to keep disciplinary proceedings for serious breaches of obligations of students and also in cases if a student violates Article 44 which prohibits discrimination and 45 which prohibits violence, abuse and neglect. Parent or guardian of the student must be informed about the disciplinary proceedings (Art. 114).^[102] For serious breaches of obligations of students, educational-disciplinary measures that can take place are reprimand by the principal and reprimand by the teachers’ council. For violations of Articles 44 and 45, the following measures can take place: reprimand by the principal or reprimand by the teachers' council, or the transfer of a student, from fifth to eighth grade, to another primary school on the basis of a decision of the teachers' council, with the agreement of parents or guardians, and the school to which the student transfers. If action brings positive changes in the behavior of student, the disciplinary proceedings will be stopped, unless the violation of the prohibition of Art. 44 and 45 seriously endangered the integrity of another person (Art. 115).^[103]

Tackling bullying in primary schools places a significant role on the work of experts such as pedagogical assistants and psychologists. However, the Law does not determine the definite number of these experts. It only distinguishes between different types of associates: pedagogical assistant, adult education assistant and assistant teacher. Based on the description of the work of pedagogical assistant, he or she needs to provide assistance and additional support to children and pupils, in accordance with their needs and help teachers, educators and experts for the purpose of improvement of their work with students who need extra educational support. Pedagogical assistant is also required to cooperate with parents or guardians, and with the director also cooperates with competent institutions, organizations, associations and the units of the local government. Adult Education Assistant provides support to adults for inclusion in the education system. The assistant teacher is responsible for the tasks of preparing laboratory exercises, and demonstrations of procedures, technical and technological preparation, and other activities, under the direct leadership of teacher (Art. 117).^[104]

The exact number of psychologist or pedagogue and more detailed description of their responsibilities were not distinguished in the whole law. Hereby, the problem is present from the beginning, since the wording and explicit numbers and duties were not clarified within the law. Several times within the law, teachers were mentioned as experts and vice versa, which implies their roles are intermingled, or they completely did not make a difference, which makes a room for not employing psychologist, or pedagogues, since they were not explicitly mentioned in the law.^[105] Furthermore, it is stated that expert teams may or may not be formed on the territory of local government to provide additional support in the classroom. Therefore, primary schools are not legally obliged to form expert teams.

The Law on Primary Education^[106] entered into force in 2013. The Law entitles every person (citizen) in the Republic of Serbia to free of charge and good quality primary education in a public school (Art. 4) , it is compulsory (Art. 5) and parent or guardian must ensure that their child enrolls in and regularly attends school (Art. 6). The goals of primary education among others are to enable “full and harmonized intellectual, emotional, social, moral and physical development of every child and student, in accordance with their age, developmental needs and interests”, “development of abilities of communication, dialogue, sense of solidarity, good quality and efficient cooperation with others and abilities for team work and nurturing friendships and friendly relationships with others”, “development of abilities for the role of a responsible citizen, for life in democratic and humane society based on respect of human and civil rights, as well as basic values of justice, truth, freedom, honesty and personal responsibility” and “development and respect of racial, national, cultural, linguistic, religious, gender and age equality and tolerance”(Art. 21).^[107]

The program of protection from violence, abuse and neglect and prevention programs of other forms of risky behaviour, such as, in particular, the use of alcohol, tobacco, psychoactive substances and juvenile delinquency, are an integral part of the school program and realized in accordance with the law. The programs are exercised through a variety of learning and leisure activities for students, staff, parents or guardians in cooperation with the local government unit, in accordance with the identified needs. Persons from the territory of the local government, institutions in the field of culture and sports, peer mediators, and persons trained for prevention and response to violence, abuse and neglect and other forms of risky behaviour are conducting and participating in these activities. The lists of schools and persons trained for prevention of violence determines the minister (Art. 41).^[108] The law on primary education has more specific details determined for the prevention of violence, however, neither in this law were not mentioned which type of experts work within school institutions.

The work of expert associates such as pedagogues and psychologists in the Republic of Serbia is in fact not determined by the laws, but it is determined by the Rulebook on the program of work of expert associates in elementary school (hereafter the Rulebook).^[109] Expert associates participate in planning, programming, organization, promotion and monitoring of the school work, that is educational system. They need to cooperate with teachers, collaborate with students, monitor and encourage their development, assist gifted students as those with difficulties. They also need to help students who live in difficult social circumstances, cooperate with parents and other institutions related to educational system (Art. 3).^[110]

Based on the description of the duties of a pedagogue in the Rulebook, in relation to bullying it is only mentioned that pedagogue is obliged to examine the causes of the problems that occur in the education process. The term bullying, or peer violence is never mentioned specifically. The same can be said for the duties of psychologists and their relation with the issue of bullying. A psychologist is obliged to point put to teachers and heads of the departments the causes of the disorder of interpersonal relations in the departmental communities and to propose measures to overcome these. Once again, there is nothing mentioned about bullying or peer violence specifically.^[111] Furthermore, the number of experts, per school is not mentioned in the Rulebook, and the words “pedagogue and psychologist” are often written in singular in describing their duties.^[112]

The internal organization and systematization of the workplaces in the primary schools in the Republic of Serbia is regulated by the Rulebook on the organization of work and job classification in a primary school (hereafter the Rulebook).^[113] Workplaces are determined based on the annual school plan, and in accordance with the obligation of exercising the curriculum (Art. 2).^[114] The decision to increase or decrease the number of employees brings the school principal (Art. 8)^[115] which leaves a lot of space for manipulating the law. Furthermore, in the description of the duties of a school pedagogue it is asserted that the terms school pedagogue and school psychologists are used interchangeably, and none of their listed duties in the Rulebook refer specifically to prevention or tackling bullying (Art. 34).^[116] This means that the school can employ either a pedagogue or a psychologist.

In addition, certain rules on employment of expert associates were changed in 2015 by the Ministry of Education, Science and Technological Development with regulations adopted in April 2015, it was envisaged that each school that has fewer than 32 classrooms must decide whether to have a psychologist or pedagogue, while schools with fewer than 24 classrooms practically will not be able to have an expert associate. The Minister Srdjan Verbič was criticized because at that moment when all research shows that violence in schools is increasing, and inclusive education has an increasing number of children who need help of psychologists and pedagogues, the most important employees responsible for helping children will be removed.^[117] The authorities were also criticized because they did not recognize that psychologists and pedagogues are related, but not the same profession.^[118] Jasna Janković, president of the Association of Teachers’ Union, said that they had received a verbal assurance from the Ministry that the drafting of the new regulations would be in partnership with professionals who are employed in schools.^[119] Another problem is that as Dr. Ivan Jerkovic, President of the Association of Psychologists of Serbia, and professor at the Faculty of Philosophy in Novi Sad, says the job description of psychologist and a pedagogue in legislation often overlap, and in practice, especially in smaller school, the work of a psychologist is being done by a pedagogue or vice versa.^[120]

According to the current ‘Rulebook on criteria and standards for funding institutions that perform activities of primary education’^[121] for the past academic year 2015/2016 primary school with 32 classrooms has two expert associates, a school pedagogue and school psychologist and a primary school that has fewer than 32 classrooms has one expert associate - a school pedagogue or school psychologist (Art. 10). However, it remains to be seen if the supposed changes will take place in the new Rulebook on criteria and standards for funding institutions that perform activities of primary education for the academic year 2016/2017.

Law on Juvenile Perpetrators of Criminal Offences and Legal Protection of Juveniles was adopted in 2005 and entered into force in 2006. It is important to state that this law excludes any criminal proceedings and the application of criminal sanctions against persons under the age of 14 (Art. 2) and distinguishes between younger minors 14 to 16 years old and older minors 16 to 18 years old (Art. 3).^[122] Taking into account that this paper deals only with the issue of bullying in primary school, this Law is more applicable to cases of bullying in institutions for secondary education. However, this shows us that despite what type of brutal and cruel bullying is in question, most likely the child who is a bully at a primary school will be able to ‘get away’ with their violent behavior without any or any severe punishment.

2.3. National institutional bodies and instruments

The Republic of Serbia started the process of forming institutional mechanisms for the protection of children’s rights by forming the Council on the Rights of the Child (hereafter The Council) in 2002. The Council is composed of professional representatives of the public, as well as representatives of relevant ministries. The Council is responsible for monitoring the situation of children in Serbia through the development of annual research and reports, analysis of the problems of the population under eighteen years, and for giving concrete proposals and measures. The Council also has to cooperate with all governmental bodies, institutions and organizations dealing with children, as well as non-governmental sector. The Council considers all legislative proposals that are relevant for children and youth and by need it refers comments and opinions.^[123] The Council was also responsible for the drafting of the National Plan of Action for Children. The document was adopted in 2004 and it defined the country’s goals until 2015. Its strategic objectives were: reduction of child poverty, improvement of quality of education for all children, better health for all children, improving the status and rights of children with disabilities, protection of rights of the children without parental care, strengthening of the country’s capacity for solving children’s problems and protection of children from abuse, neglect, exploitation and violence.^[124] There were four specific objectives concerning protection of children from abuse, neglect, exploitation and violence: increase of awareness and knowledge of experts, amateurs, but also the children themselves on issues related to the rights of the children on protection from all forms of abuse, neglect, exploitation and violence; establishing an effective, operational multisource network for the protection of children from abuse, neglect, exploitation and violence; harmonization of the legal framework for the protection of children with the Convention on the Rights of the Child, a World Fit for Children and other international instruments related to the protection of children from abuse, neglect, exploitation and violence; and the development and adoption of a comprehensive National strategy to protect children from all forms of abuse, neglect, exploitation and violence by the government.^[125]

Concerning the realization of the first specific objective which refers to the increase of awareness and knowledge of experts, amateurs, but also the children themselves on issues related to the rights of the children on protection from all forms of abuse, neglect, exploitation and violence a number of publications was published, and also a program was held to train professionals who work with children. The program was organized by Ministry of Education and Science in cooperation with the Institute for Improvement of Education, Pedagogical Society of the Republic of Serbia and the Faculty of special education and rehabilitation program. The program was titled Education of school teams on the prevention of delinquent behavior in educational institutions. School teams from six hundred schools in Belgrade, Nis, Kragujevac, Kraljevo and Novi Sad participated in the program. Teachers participated in seminars on the theme of prevention of bullying, and attended advanced workshops to master the techniques for developing social skills in students.^[126] Also, a professional training was held for five thousand participants (judges, prosecutors, police officers for minors, professional employees of social protection agencies, and institutions for execution of prison sentences) who handle criminal cases for criminal acts under Article 150 of the Law of 2005 on Juvenile Criminal Offenders and Criminal Protection of Juveniles.^[127] The second specific objective of establishing an effective, operational multisource network for the protection of children from abuse, neglect, exploitation and violence was realized through adoption of the General protocol for the protection of children from abuse and neglect in 2005. The training of professionals in the field of social protection, justice, police, education and health for the application of the general protocol for protection of children from abuse and neglect, was implemented in 2007, through five regional two-day seminars, which gathered 150 professionals from all relevant authorities and departments in local communities in the area that covers a fifth of the territory of the Republic of Serbia.^[128] Following the directions of The General protocol relevant ministries drafted and adopted their special protocols. In this thesis paper particular attention will be given only to the Special protocol for the protection of children and students from violence, abuse and neglect in educational institutions developed by the Ministry of Education and Science in 2007.^[129] The fourth specific goal, the development and adoption of a comprehensive national strategy to protect children from all forms of abuse, neglect, exploitation and violence was realized on 25 December 2008 when National Strategy for Prevention and Protection of Children from Violence was adopted by the Serbian government. Two general strategic objectives of the strategy were: the development of a secure environment in which will be realized right of every child to be protected from all forms of violence, and establishing a national system of prevention and protection of children from all forms of abuse, neglect and exploitation.^[130]

The Ministry of Education and Science of the Republic of Serbia developed the Special protocol for the protection of children and students from violence, abuse and neglect in educational institutions (hereafter the Special protocol) in which more detailed internal procedure is developed for situations of doubt or in the events of violence, abuse and neglect. It also offers framework for prevention activities.^[131] Special protocol is binding on all who participate in the life and work of educational institutions and at students’homes and is designed for children, students, educators, teachers, directors, professional associates, and additional and administrative staff, parents/ caretakers and for the representatives of the local community. Based on the Special protocol the institution is bound to draft a Program of protection of children/pupils from violence and also to form a Team for the protection of children/pupils from violence.^[132] The term violence is defined as any form of once committed or repeated verbal or nonverbal behavior that has the effect of actual or potential threats to the health, development and dignity of children/students and these types of violence are defined: physical, emotional/psychological, social, abuse, neglect and negligent treatment, and exploitation.^[133] Educational institutions are required to develop an environment in which a culture of respect for different personalities is learned, developed and nurtured, with no tolerance for violence, where children/students do not remain silent in relation to violence; where the notion of responsibility of all is developed, and all who have knowledge of violence are obliged to act.^[134] The Special protocol defines protection and intervention measures concerning violence. The specific objectives in prevention demand the following: creation and cultivation of a climate of acceptance, tolerance and respect; involvement of all stakeholders (children, students, teachers, support staff, administrators and support staff, principals, parents, guardians, local community) in the adoption and development of prevention programs; raising awareness and sensitization of all involved in the life and work of the institution to recognize violence, abuse and neglect; to establish procedures and practices for protection from violence and reactions in situations of violence; informing all those involved in the life and work of the institution on the procedures and practices for protection from violence and responding to situations of violence; advancement of competence of the teaching and non-teaching staff, children, students, parents, guardians and the local community for identifying and solving the problem of violence, abuse and neglect.^[135]

The specific objectives of the intervention demand: the implementation of processes and procedures to react to situations of violence; establishing a system of effective protection of children in cases of violence; continuous monitoring and recording the types and frequency of violence and assessment of the effectiveness of programs to protect; the mitigation and elimination of consequences of violence and reintegration of child / student in a community of peers and the life of the institution; and advisory work with children / pupils who are victims of violence, who are perpetuating violence and who are observers of violence.^[136] The Special Protocol demands that before intervention it is necessary to take into account: whether violence occurs or is violence suspected; where it happens - whether it happens in the institution or outside of it; who are the participants/actors of violence, abuse and neglect and the type and its intensity. Based on this evaluation is done on the risk level of safety of the child, and further practices and procedures are determined.^[137] In accordance with the assessment of the risk level and the current legislation, a decision is made how the case will be solved: in the institution, in cooperation with other relevant institutions or the case is forwarded to the relevant departments.^[138] The steps of the intervention process^[139] are presented in the following table:

Abbildung in dieser Leseprobe nicht enthalten

Concerning the implementation of the Special protocol a Team for the protection of children/students from violence must be formed.^[140] The team should participate in training for the protection of students from violence, abuse and neglect; to inform and provide basic training for all staff in the institution with the aim of acquiring the minimum knowledge and skills necessary for the prevention, identification, assessment and response to violence, abuse and neglect of students; organization of activities to make students, parents/guardians and the local community familiar with the General and the Special Protocol; to coordinate the preparation and implementation of programs for the protection of students; to organize consultations in the institution and assess the levels of risk for the safety of students; to monitor and evaluate the effects of the measures taken to protect the student; to cooperate with the relevant institutions; to prepare plan of appearances of the institution to the public and the media; to organize the recording of the phenomenon of violence; to collect documents; to report to expert and governance bodies.^[141]

[...]

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^[1] Murray, Les A. Killing the black dog. Melbourne Victoria: Black Inc., 2009.

^[2] Preventing Classroom Bullying: What Teachers Can Do Copyright. Jim Wright, 2003.

^[3] Eslea, M., Menesini, E., Morita, Y., O’Moore, M., Mora-Merchán, J. A., Pereira, B., et al. Friendship and loneliness among bullies and victims: Data from seven countries. Aggressive Behavior, 30, (2003): 71–83.

^[4] National Center for Educational Statistics, 2015.

^[5] Petrosina, Guckenburg, DeVoe, and Hanson, 2010.

^[6] Hawkins, Pepler, and Craig, 2001.

^[7] McCallion and Feder, 2013.

^[8] Davis and Nixon, 2010.

^[9] Center for Disease Control, National Center for Injury Prevention and Control (2012). Understanding bullying.

^[10] Popadić, Dragan and Dijana Plut. “Nasilje u osnovnim školama u Srbiji – oblici i učestalost”, Psihologija, Vol. 40 (2), (2007): 309 – 328. I was not able to access any more recent research on the issue, at least not of that significance and of that range.

^[11] Ibid.

^[12] UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3. General Comment. No.13, The Right to Education (Art. 13).

^[13] UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3. (Art. 28 and Art.29).

^[14] Ken Rigby, Peter K. Smith, and Debra Pepler. Bullying in Schools: How successful Can Interventions Be? Cambridge: Cambridge University Press, 2004.

^[15] Dr. Dan Olweus, research professor of psychology, has been involved in research and intervention work in the area of bullying problems among schoolchildren and youth. In 1970, he started a large-scale project that is now generally regarded as the first scientific study of bullying problems in the world, published as a book in Scandinavia in 1973 and in 1978 in the United States under the title Aggression in the Schools: Bullies and Whipping Boys.

^[16] Dr. Ken Rigby has been engaged in researching school bullying for the last 23 years. He has published over 100 refereed articles and books, presented at conferences and provided workshops for teachers, parents and students, nationally and internationally.

^[17] * Nikac, Zeljko and Boban Simic. “Prevencija vršnjačkog nasilja u republici Srbiji”/”Prevention of peer violence in Serbia.” Zbornik Radova. Naučna konferencija Dani kriminalistickih nauka. Fakultet za kriminalistiku. Kriminologiju i sigurnosne studije. *The Republic of Serbia. National strategy for the prevention and protection of Children from violence (“Official Gazette RS” no. 55/05 and 71/05-corrigendum, 101/07 and 65/08)

^[18] The goal of inclusive education is to create the conditions that will allow a more flexible system of education and that every child has the opportunity to progress in accordance with their abilities.

^[19] Museveni, Yoweri. Fanon's Theory of Violence: Its Verification in a Sub-Sahara African Territory. Dar Es Salaam: University College, University of East Africa, 1970.

^[20] Jimerson, Shane R., Susan M. Swearer, and Dorothy L. Espelage. Handbook of Bullying in Schools: An International Perspective. New York: Routledge, 2010. 9.

^[21] Ibid., 9.

^[22] Popadić Dragan, Nasilje u školama. Belgrade: Institut za psihologiju, 2009. 11.

^[23] The Republic of Serbia. Ministarstvo prosvete RS . Posebni protokol za zaštitu dece i učenika od nasilja, zlostavljanja i zanemarivanja u obrazovno – vaspitnim ustanovama. Belgrade: Ministarstvo prosvete RS, 2007. 3.

^[24] Popadić, Dragan, and Dijana Plut. “Nasilje u osnovnim školama u Srbiji – oblici i učestalost”, Psihologija, Vol. 40 (2), (2007): 309 – 328.

^[25] Jimerson, Shane R., Swearer Susan M., and Dorothy L. Espelage. Handbook of Bullying in Schools: An International Perspective. New York: Routledge, 2010. 11.

^[26] Ibid., 9.

^[27] Olweus, D. Bullying at school. What we know and what we can do. Oxford, Blackwell, 1993. 9.

^[28] Peter K. Smith and Paul Brain. Bullying in Schools: Lessons From Two Decades of Research. Aggressive Behaviour. Volume 26., (2000): 1-9.

^[29] Jimerson, Shane R., Swearer Susan M., and Dorothy L. Espelage. Handbook of Bullying in Schools: An International Perspective. New York: Routledge, 2010. 11.

^[30] Olweus, D. Bullying at school. What we know and what we can do. Oxford, Blackwell, 1993. 12.

^[31] Ken Rigby, Peter K. Smith, and Debra Pepler. Bullying in Schools: How successful Can Interventions Be? Cambridge: Cambridge University Press, 2004. Originally published in Hawker, D. S. J. and Boulton, M. J. Twenty years' research on peer victimization and psychosocial maladjustment: a meta-analytic review of cross-sectional studies. Journal of Child Psychology and Psychiatry. (2000 May): 441-55.

^[32] Ken Rigby, Peter K. Smith, and Debra Pepler. Bullying in Schools: How successful Can Interventions Be? Cambridge: Cambridge University Press, 2004.

^[33] Branković, Drago. “Formalno i neformalno nasilje u školama”, Vršnjačko nasilje: priručnik za škole (Branković Drago). Banja Luka: Filozofski fakultet, 2010. 30.

^[34] Ibid., 35.

^[35] Ibid.

^[36] Ibid.

^[37] The Republic of Serbia. Ministarstvo prosvete RS . Posebni protokol za zaštitu dece i učenika od nasilja, zlostavljanja i zanemarivanja u obrazovno – vaspitnim ustanovama. Belgrade: Ministarstvo prosvete RS, 2007. 3.

^[38] Mutavdžić, Ana. “Violence in Schools.” Pregledni rad UDK 37.06:159.922.7

^[39] Ibid. 19.

^[40] Ibid.

^[41] Ibid., 20.

^[42] Ibid.

^[43] Rigby, Ken. Bullying in Schools: and what to do about it. Victoria: ACER Press, 2007. 15.

^[44] Ibid., 29.

^[45] Ibid., 16-17.

^[46] Ibid., 17-18.

^[47] Ibid., 18-19.

^[48] Nedimovic, Tanja and Biro Miklos. “Faktori rizika za pojavu vršnjačkog nasilja u Osnovnim školama”. Primenjena psihologija, (2011/3): 229-244. 230-231.

^[49] Ibid. 231-232. Originally published in Olweus, D. (1998). Nasilje među djecom u školi. Što znamo i što možemo učiniti. Zagreb: Školska knjiga.

^[50] Ibid.

^[51] Ibid.

^[52] Ibid.

^[53] Ibid.

^[54] Baldry, C. A. “Bullying in schools and exposure to domestic violence.” Child Abuse Neglect, 27, (2003): 713- 732.

^[55] Ibid.

^[56] Nedimovic, Tanja and Biro Miklos. “Faktori rizika za pojavu vršnjačkog nasilja u Osnovnim školama”. Primenjena psihologija, (2011/3): 229-244. 232.

^[57] Ibid. Originally published in Olweus, D. (1998). Nasilje među djecom u školi. Zagreb: Školska knjiga.

^[58] Ibid. The first research mentioned was done by Keenan & Shaw, 1997 and the second by Lahey et al., 2000.

^[59] Jimerson, Shane R., Susan M. Swearer, and Dorothy L. Espelage. Handbook of Bullying in Schools: An International Perspective. New York: Routledge, 2010. 214.

^[60] Ibid.

^[61] Ibid.

^[62] Seligman, Martin E.P. and Steven F. Maier. “Failure to escape traumatic shock.”Journal of Experimental Psychology, Vol.74, No.1 May, 1967.

^[63] Jimerson, Shane R., Susan M. Swearer, and Dorothy L. Espelage. Handbook of Bullying in Schools: An International Perspective. New York: Routledge, 2010. 214.

^[64] Ibid., 216.

^[65] Ibid.

^[66] Ibid.

^[67] Popadic, Dragan. Nasilje u skoli. Institut za psihologiju, Belgrade. Belgrade: Radunic. 2009. 142.

^[68] Ibid.

^[69] Schuster, B. Outsiders at school: The prevalence of bullying and its relation with social status. Group Processes and Intergroup Relations, 2, 1999: 175–190.

^[70] Popadic, Dragan. Nasilje u skoli. Institut za psihologiju, Belgrade. Belgrade: Radunic. 2009. 143.

^[71] Hoover, J. H., Oliver, R., & Hazler, R. J. “Bullying: Perceptions of adolescent victims in the Midwestern.” USA School Psychology International, 13,(1992): 5–16.

^[72] Garandeau, C., & Cillessen, A. “From indirect aggression to invisible aggression: A conceptual view on bullying and peer group manipulation.” Aggression and Violent Behavior, 11, (2006): 641–654.

^[73] Card, N. A. Victims of peer aggression: A meta-analytic review. Rad predstavljen na: Society for Research in Child Development biennial meeting, Tampa, USA, April. 2003.

^[74] Popadic, Dragan. Nasilje u skoli. Institut za psihologiju, Belgrade. Belgrade: Radunic. 2009. 144.

^[75] Roland, E., & Galloway, D. (2002). Classroom influences on bullying. Educational Research, 44 (3), 299−312.

^[76] Popadić, Dragan and Dijana Plut. “Nasilje u osnovnim školama u Srbiji – oblici i učestalost”,

Psihologija, Vol. 40 (2), (2007): 309 – 328.

^[77] UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III).

^[78] The Republic of Serbia succeeded the Covenant. The State of Yugoslavia changed its name to Serbia and Montenegro in February 2003. Effective 3 June 2006, the State changed its name again, to Republic of Serbia.

^[79] UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3. General Comment. No.13, The Right to Education (Art. 13).

^[80] On 12 March 2001, the Government of Yugoslavia notified the Secretary-General of its intent to succeed to the Convention, as from 27 April 1992. Further, effective 4 February 2003, the State of Yugoslavia changed its name to Serbia and Montenegro. Effective 3 June 2006, the State changed its name again, to Republic of Serbia.

^[81] "Službeni list SFRJ" - (Međunarodni ugovori, broj 15/90 i broj 4/96 i 2/97) Status of Ratification. CRC http://www.bayefsky.com/pdf/crc_ratif_table.pdf

^[82] UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3.

^[83] Ibid.

^[84] Ibid.

^[85] Ibid.

^[86] Ibid.

^[87] UN Educational, Scientific and Cultural Organisation (UNESCO), Convention Against Discrimination in Education, 14 December 1960. Entered into force: 22 May 1962.

^[88] UN Educational, Scientific and Cultural Organisation (UNESCO), Convention Against Discrimination in Education, 14 December 1960. Entered into force: 22 May 1962.

^[89] Ibid.

^[90] Ibid.

^[91] UN General Assembly, A World Fit for Children, Millennium development goals, special session on children documents, the Convention on the rights of the child, United Nations Children’s Fund, May 2002.

^[92] Ibid. B. Goals, strategies and actions. 2. Providing quality education 40. (7)

^[93] Ibid. B. Goals, strategies and actions. 3. Protecting against abuse, exploitation and violence. General protection (2)

^[94] Društvo za zaštitu i unapređenje mentalnog zdravlja dece i omladine, Trg učitelj Tase 2, Niš, Publikacija: Deca i odgovorna država 1. Za smanjenje siromaštva - Civilno društvo odgovorna vlada, Niš 2010. 9.

^[95] The Law on the Foundations of the Education System, “Official Gazette of the Republic Serbia”. No. 72/2009, 52/2011 and 55/2013. The Law first time entered into force in 2009.

^[96] Ibid.

^[97] Ibid.

^[98] Ibid.

^[99] Ibid.

^[100] Ibid.

^[101] Ibid.

^[102] Ibid.

^[103] Ibid.

^[104] Ibid.

^[105] Ibid.

^[106] The Law on Primary Education. The Law was published in the "RS Official Gazette", no. 55/2013 from June 25, 2013, it came into force on July 3, 2013, and is effective as of 2013/2014 school year.

^[107] Ibid.

^[108] Ibid.

^[109] The Republic of Serbia. Pravilnik o programu rada stručnih saradnika u osnovnoj školi . "Sl. glasnik RS – Prosvetni glasnik", broj 1/94.

^[110] Ibid.

^[111] Ibid.

^[112] Ibid.

^[113] The Republic of Serbia. Pravilnik o organizaciji rada i sistematizaciji radnih mesta u osnovnoj školi. „Službeni glasnik RS“, br. 24/2005, 61/2005, 54/2009 and 32/2013.

^[114] Ibid.

^[115] Ibid.

^[116] Ibid.

^[117] Đorđević, Katarina. "Psiholozi i pedagozi ostaju u svim školama." Politika. Društvo. 05 August 2015. http://www.politika.rs/sr/clanak/334928/Drustvo/Psiholozi-i-pedagozi-ostaju-u-svim-skolama.

^[118] Ibid.

^[119] Ibid.

^[120] Ibid.

^[121] The Republic of Serbia. Pravilnik o kriterijumima i standardima za finansiranje ustanove koja obavlja delatnost osnovnog obrazovanja i vaspitanja. Sl.glasnik RS br. 36/2015, 72/2015.

^[122] The Law of 2005 on Juvenile Criminal Offenders and Criminal Protection of Juveniles [Serbia], Published in "Official Gazette of the Republic of Serbia" No. 85/05 on 6 October 2005. The Act came into force on January 1st, 2006.

^[123] Nikac, Zeljko and Boban Simic. “Prevencija vršnjačkog nasilja u Republici Srbiji”/”Prevention of peer violence in Serbia.” Zbornik Radova. Naučna konferencija Dani kriminalistickih nauka. Fakultet za kriminalistiku. Kriminologiju i sigurnosne studije. 46.

^[124] Ibid. 46-47.

^[125] Ibid., 47.

^[126] Ibid., 47-48.

^[127] Ibid. 48. The Law of 2005 on Juvenile Criminal Offenders and Criminal Protection of Juveniles [Serbia], Published in "Official Gazette of the Republic of Serbia" No. 85/05 on 6 October 2005. The Act came into force on January 1st, 2006

^[128] Nikac, Zeljko and Boban Simic. “Prevencija vršnjačkog nasilja u Republici Srbiji.” 48.

^[129] Ibid., 48-49.

^[130] Ibid., 50.

^[131] The Republic of Serbia. Ministarstvo prosvete RS. Posebni protokol za zaštitu dece i učenika od nasilja, zlostavljanja i zanemarivanja u obrazovno – vaspitnim ustanovama. Belgrade: Ministarstvo prosvete RS, 2007.

^[132] Ibid.

^[133] Ibid.

^[134] Ibid.

^[135] Ibid.

^[136] Ibid.

^[137] Ibid.

^[138] Ibid.

^[139] The steps are presented in the Special protocol in passages and paragraphs, and presented here in a table for the sake of visualization and emphasis of that relevant process for tackling bullying in primary schools.

^[140] Its members are appointed by the director of the institution, and the number of team members and composition depends on the specifics of the institution.

^[141] The Republic of Serbia. Ministarstvo prosvete RS. Posebni protokol za zaštitu dece i učenika od nasilja, zlostavljanja i zanemarivanja u obrazovno – vaspitnim ustanovama. Belgrade: Ministarstvo prosvete RS, 2007.