Speaker
Description
Bullying and cyberbullying are interdisciplinary phenomena that involve the collision of fundamental rights between children and the limitations of schools to restrict those rights. Therefore, legal procedures are necessary as a last resort to handle bullying and cyberbullying events. This presentation aims to examine the available legal toolkit to deal with bullying and cyberbullying cases.
The limitation of free speech, the violation of several personality rights of the children, the discrimination procedures in case of bias-based bullying and cyberbullying, and the data protection procedures are all relevant and available legal tools to tackle these phenomena.
Within this framework, I would like to introduce in detail some of these available legal tools, which can provide a solution to the issue only as a last resort, when the softer prevention and tackling toolkit does not prove to be a sufficient instrument.
For instance, in the United States, the limitation of students' freedom of speech in school settings has been an issue since the Tinker v Des Moines decision of the Supreme Court (1969). In the European context, human dignity-based protection against harmful speech leads to different personality rights procedures both at national courts and at the European Court of Human Rights. In addition to these, many cyberbullying cases include sharing or posting images or videos, which are both personality rights violations under civil law and data protection violations under the GDPR.
In summary, the presentation intends to shed light on the availability of legal solutions concerning bullying and cyberbullying cases.
Keywords
legal toolkit, fundamental rights, personality rights
| Please also indicate what kind of contribution it is: | Scientific |
|---|---|
| Please indicate what type of scientific contribution it is | Theoretical contribution |
