Homo homini lupus, the phenomenon of bullying
“I bullied because fat. When I was on a diet, my mouth was watering when I saw the cat food advertisements on TV. No, the part of the victim is not for me: I simply thought that it was worth presenting an agenda to isolate within the bullying issue two issues on which awareness has been growing over the years: fat shaming and body shaming (mortifications related to one's physical appearance). I obviously talked about my personal problem, because I have always been fat, but this affects everyone, who is small, who is tall and tall […] each has its own characteristics which can be an impediment in the course of life. So I took the floor believing it could be useful and it was, as I was able to find immediately after my speech.
I've always been fat and like all fat kids I was chased by jokes, sometimes by ridicule and derision. They called me beef, cicciabomba, panzone. "
These are the words of Deputy Filippo Sensi who on January 29 last, during the work of the Chamber on the new bill on bullying, addressed to his colleagues.
Still no specific crime provision in the new text, but a significant tightening of the penalties, like those foreseen for stalking.
The editors of the bill then specify that a toll-free number, always accessible, and an app with which to quickly report bullying episodes will be made available.
During the works the state of was highlighted once again "Marginalization" in which the victims of such aggressive and oppressive attitudes end up and the consequential need to activate a network of operators (family, educators, school) aimed at observing and analyzing the problem.
The majority of the House therefore approved yesterday, at first reading, the law against bullying which, in fact, takes up and integrates the measure already adopted in the last legislature aimed at combating cyberbullying.
The text, which is now under scrutiny by the Senate, provides for on the one hand a sanctioning tightening, on the other the implementation of programs aimed at re-education or prevention of the phenomenon.
The text is made up of eight articles (among the most radical hypotheses also that of a custody in the family home of the so-called bully, if under age)
Bullying is a phenomenon, sadly, increasingly widespread, both in the real space (school, leisure centers, places of aggregation in general) and in the virtual world (instant messaging app, social).
Although, therefore, there is no single case in our legal system that punishes such behavior in its entirety and specificity, we realize that the forms, places and methods of manifestation of bullying can be the most varied and desperate and arise, for this reason reasons, in different forms of crime (threats, defamation, harassment or disturbance of the person, damage, beatings, injuries).
However, the strong conditioning of the psycho-physical integrity of those who suffer it remains a common denominator.
When we talk about bullying we refer to a set of acts of intimidation, bullying, physical and psychological oppression, committed in a completely voluntary way by a subject (prevaricator) towards another weaker subject (victim).
Bullying is even more alarming when the perpetrators and victims are minors.
Very often, people offended by such attitudes, precisely because of their age, do not even have the strength to report the abuses suffered.
As we have already anticipated, these behaviors fall, very often, in the list of crimes pursued and punished by the penal code and I end up opening procedures under the jurisdiction of the Juvenile Court.
However, if the cd. "Bully" was less than fourteen years old (and therefore not attributable person) a report can be made to the Quaestor, requesting that the latter intervene with a warning.
The Quaestor, in fact, having carried out preliminary investigations aimed at verifying the truthfulness of the narrative, summons the under-fourteen-year-old, together with the operators of parental responsibility and warns him orally, inviting him to cease his activities or to conduct in compliance with the law. Specific minutes of this meeting are drawn up.
In any case, it is worth remembering that if from such harassing, harmful, intimidating behaviors, damage (moral, biological or existential) derives, a procedure can be activated before the competent judicial authorities aimed at obtaining compensation.
Mind you, just to clarify the point, in the criminal trial against a minor, there can be no constitution of a civil party of the offended person.
As we have already anticipated when we speak of bullying we refer to the vexatious and aggressive conduct carried out, repeatedly over time, by one subject towards another.
Several scholars have traced 6 different types of bullying
Physical Bullying
It is the most typical form of bullying and occurs when bullies use physical actions to oppress the victim. Unlike the others who remain very often hidden, it is the easiest one to identify.
Verbal Bullying
Verbal bullying authors use words, statements, and nicknames to gain control over the victim.
Relational Bullying
The purpose of this form of bullying is to exclude some subjects from a certain group of peers by spreading rumors, manipulating situations. Very often this type occurs within schools
Cyberbullying
It is found when a teenager uses the web (e.g. social), app or another technology to harass, threaten or embarrass another person, for example with offensive images or texts aimed at harming other people's
Sexual bullying
It consists of repeated, harmful and humiliating actions that affect a person by focusing on his appearance or sexual activity
prejudice
It tends to target someone only because it is considered "different" for various reasons (sexual, religious choices, origins).
Returning to the bill, discussed last January 29 in the Chamber, the most complex and complex part is, in doubt, the one related to prevention or re-education.
In fact, a precise monitoring role is provided on the possible episodes of bullying and cyberbullying for all adult subjects dealing with minors (parents, educators, teachers, school leaders, ecclesiastics etc).
The Ministry of Education, through its national platforms, will also make assessment tools and questionnaires available to schools to be administered to teachers and students, aimed at encouraging them to have greater awareness of themselves, their needs and their interests; not to hide behind masks of silence and silence, but to have the strength and courage to denounce such oppressive behavior.
Although from a first reading the new bill opens interesting scenarios, the problem of bullying is certainly a complex issue deeply rooted in the human soul, homo homini lupus, where the strongest tends by its very nature to dominate those it considers weaker, which certainly deserves attention and clear and precise answers from the body that guarantees the equality of citizens par excellence: the state.
The provision of a rule, unique, clear and precise, aimed at punishing any behavior that may be considered suitable to cause a physical or moral injury to the subject appears to be more necessary and desirable than ever.
The Cecatiello Law Firm advises its clients for the best management of juvenile criminal proceedings.
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