Informace o publikaci
Exploring Evolving Attitudes Towards School Violence at the European Court of Human Rights
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Článek v odborném periodiku |
| Časopis / Zdroj | International Journal of Human Rights |
| Citace | |
| www | https://www.tandfonline.com/eprint/YY9JJAKXU8CBRRIIKXES/full?target=10.1080/13642987.2025.2588183 |
| Doi | https://doi.org/10.1080/13642987.2025.2588183 |
| Klíčová slova | European Convention on Human Rights; European Court of Human Rights; school violence; evolution; corporal punishment; verbal abuse; children’s rights |
| Popis | While extensive scholarship outside the legal sphere addresses school violence, little attention has been paid to how international human rights law interacts with violence in schools. This article tracks and investigates the reasons behind a noteworthy evolution concerning school violence at the European Court of Human Rights. In the 1990s, the Court did not characterise disciplinary corporal punishment in schools as violence against children or as a violation of pupils’ rights under the European Convention on Human Rights. However, in 2021, the Court found that social attitudes and legal standards had evolved. Both physical punishment and verbal abuse in school can constitute forms of violence incompatible with the Convention. What changed? This article conducts a three-fold analysis of this evolution. It illustrates that the development of legal standards has occurred in both the ‘internal’ and ‘external’ law of the ECtHR. It queries the reasons behind the change in social attitudes concerning school discipline and school violence. Finally, the article contends that there is also an increasing sensitivity to rights protection in the specific school context, motivated by various reasons and perhaps driven by evolving expectations on school authorities. |