Bullying: Case Studies on Comprehensive Reparation of Damage

Gisela María Pérez Fuentes, Karla Cantoral Domínguez

Abstract

Bullying is a type of behavior that has been studied more from psychological and sociological perspectives, but little has been done about the legal consequences that generate this type of illegal act. In Mexico, there are special laws in some states, but there is no genuine public policy that provides a mechanism of redress for the victim. Therefore, this investigation conducted a study of comparative law on the treatment given to bullying in the United States. This article also presents a study of the legal system that punishes the administrative form of bullying in Mexico, highlighting the most advanced states such as Coahuila, Jalisco, Nuevo León, Oaxaca, Quintana Roo, Veracruz, Yucatán and Zacatecas. This article also makes an assessment of bullying and its treatment to identify gaps in legislation and the failure of public policies to protect the best interests of the children. In these cases, the Federal Supreme Court of Justice (SCJN) rulings on these cases are analyzed and compared to the damage suffered by those affected and the need for comprehensive reparation.

Keywords

Bullying; the best interests of the children; comprehensive reparation of damage; right to education; moral damage

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