LEGAL MEASURES FOR ADDRESSING BULLYING IN EDUCATIONAL INSTITUTIONS

Abstract

          This research pursues the following objectives: (1) to examine the concepts, theories, and problem conditions, together with Thai legal measures relating to the protection of children against bullying in educational institutions; (2) to analyze the problems and obstacles in the enforcement of Thai law and to conduct a comparative study of Thai and foreign legal measures for the prevention and remediation of bullying in schools; and (3) to identify pathways for reform and improvement of Thai legal measures concerning bullying among children in educational settings. The study employs a documentary (doctrinal) research method.

          Findings 1. The term “bullying,” which originally bore a positive connotation in the sixteenth century, came to denote aggressive behavior in the seventeenth century. Olweus defines bullying as repeated conduct involving physical or verbal harm, characterized by an imbalance of power that leaves the victim relatively weaker; such behavior has severe impacts on children’s mental health and academic performance. In Thailand, there is no specific statute dedicated to bullying prevention. The Child Protection Act B.E. 2546 (2003) provides general protections against harm to children but does not specifically encompass “bullying,” resulting in limited effectiveness of legal measures. 2. Thai law lacks express provisions addressing bullying within educational institutions and instead relies on general child-protection norms, which are insufficiently clear and fail to cover modern forms of bullying, such as cyberbullying. This stands in contrast to countries like Sweden and Japan, which have enacted dedicated legislation and robust, system-wide preventive measures.3. Bullying in Thai schools has increased and manifests in diverse forms, yet no law currently criminalizes bullying as a distinct offense. It is therefore advisable to amend Section 4 of the Child Protection Act 2003 to add a definition of “bullying,” so as to ensure comprehensive coverage of the conduct in question.