Legal Measures for Prevention of Bullying in Schools

Abstract

         This research aims to (1) explore theoretical concepts regarding child development, the roles of the state, and legal measures for preventing bullying in schools, (2) compare legal measures for preventing bullying in schools between Thailand, the Philippines, the states of Florida and Massachusetts in the United States, and the Republic of Korea, (3) analyze legal issues related to preventing bullying in schools, and (4) propose recommendations for improving or amending Thailand's legal framework. This study adopts a qualitative research approach, involving an thorough review of documents, such as textbooks, annual reports, translated books, theses, government publications, research papers, articles, online resources, and other academic works to gather data for comparative analysis, concluding with recommendations.
         The study indicates that: (1) The state is responsible for promoting children's rights to education and safety. However, bullying in schools has detrimental effects on various parties, including the bullies- who may develop criminal tendencies- the victims, whose rights and freedoms are violated, and the bystanders, who are exposed to an unhealthy environment. Currently, Thailand lacks specific legislations to address this issue. (2) The comparative study reveals that the examined countries have specific laws requiring schools to prevent bullying, similar to the Child Protection Act B.E. 2546 (2003) and its amendments. (3) The absence of provisions mandating schools to prevent bullying in Thailand leads to a lack of priority on child protection, which directly impacts the safeguarding of human rights. (4) The researcher recommends amending the Child Protection Act B.E. 2546 (2003) to include a clear definition of bullying, requiring schools to implement structured anti-bullying policies and prohibiting students from engaging in bullying. This would ensure that Thailand fulfills its international obligations. Additionally, the establishment of specialized agencies within schools, involving representatives from all relevant sectors, is suggested to collaboratively tackle the issue.