Fighting school violence with physical coercion and truancy with the police? The Ombudsman requests rewriting of the draft

Press release:

Fighting school violence with physical coercion and truancy with the police?

The Ombudsman requests rewriting of the draft

The Ombudsman does not agree with the proposed Bill that aims to prevent truancy with law enforcement measures and would make it possible that educational institutions employ school guards empowered to apply even physical coercion. Máté Szabó requests that the draft be rewritten.

The submitted draft would make it possible for the police to take measures against school-age children who miss school (educational or other school activities) or leave the premises without permission. Máté Szabó points out that the regulation may lead to numerous problems in practice, since policemen are not able to judge whether the child's absence from school is justified or not. Nor does the draft define it clearly what kind of certificate school children should have not to be treated by the police as truants.

The draft would make it possible for the schools to employ school guards who, in the event of acts defined in rules of law, would be empowered to apply proportionate physical coercion.  According to the Ombudsman this would present an immediate danger of an impropriety related to fundamental rights, especially since the notion of ‘proportionate physical coercion' is not clearly defined in the Act on Public Education.

Máté Szabó disagrees with the concept which, instead of improving the network of school psychologists, aims to fight school violence with the help of special school personnel having the right to use physical coercion. Among the factors determining the future of children, knowledge and education are of outstanding importance; to acquire them, one needs to attend school. According to the Ombudsman, however, promoting regular school attendance and compliance with the rules of behaviour in school should not be treated as a law enforcement issue. Results could and should be achieved by diminishing the disadvantages of certain children, and schools should contribute by using pedagogical methods – states the Commissioner for Fundamental Rights.