BULLYING AND SCHOOL VIOLENCE AS ATTACKS ON THE RIGHT TO EDUCATION AND EVENTS THAT GENERATE CIVIL LIABILITY

Abstract

The right to education is a fundamental right and due to the horizontal effect of those rights, its compliance can be demanded to other individuals, including educational institutions. School coexistence is part of the right to education and bullying and school violence are flagrant attacks against such coexistence. Consequently, bullying and school violence constitute attacks against the right to education. Such an attack constitutes, in turn, a breach of contract and a crime or tort. Therefore, both, the contractual and non-contractual liability regime would be applicable. In view of this, this would be a borderline case of concurrence of liabilities.