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Protocol for complaints or reports of violence, mistreatment, bullying, bullying and child sexual abuse

Anonim

The procedure of the "legal information folder for handling complaints or reports of violence, mistreatment, bullying and child sexual abuse" has been issued by the Secretary of Education of the State of Veracruz since 2014 and modified in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardian and sometimes by educational members for behaviors that affect deplorable behaviors such as violence, abuse, bullying, bullying, child sexual abuse. However, it lacks systematization in its procedures, causing confusion in its application, fear of not knowing it and, if applicable, it could cause some violation of the right of minors to basic education.For this reason, this work aims to make practical the procedure of the "legal information folder for the attention of complaints or reports of violence, mistreatment, bullying and child sexual abuse" issued by the Secretary of Education of the State of Veracruz since 2014 and amended in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardians and sometimes by educational members for behaviors that affect deplorable behaviors such as violence, mistreatment, bullying, bullying, abuse child sexual. Therefore, and for any member of the educational community to know and apply the "Legal information folder for the attention of complaints or reports of violence, mistreatment, bullying and child sexual abuse",Without necessarily having any specialization in law, psychology or social work, this work is issued, trying to lead by the hand for its application and making the procedure understandable and simple, since all public servants are obliged to apply it, to avoid falling into administrative omissions that entail the respective labor, criminal and civil sanction in case of circumventing it, in such a way that with this it becomes understandable and practical to apply the procedure that marks the same folder, for which the procedure is made friendly so that such behaviors are addressed with the necessary immediacy by any member of the educational community and regardless of the absence of management personnel, taking into account the principle of the "close human factor", that is,It cannot be tolerated to incur in omission under the pretext that there is no action because the directors are not present, this is not an obstacle to act when the best interests of the minor are protected in educational institutions that have the mission of safeguarding the minor when they are found In said institution, even the Supreme Court of Justice itself has ruled in this regard in an extraordinary session of May 15, 2015, since said procedure must be initiated by the person who initially realized such conduct to the detriment of minors or educational personnel and will proceed with common sense according to the event that happened; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred.This is not an obstacle to act when the best interests of the minor are protected in educational institutions that have the mission of safeguarding the minor when they are in said institution, even the same Supreme Court of Justice has ruled on the matter in an extraordinary session of 15 May 2015, since said procedure must be initiated by the person who initially became aware of said behaviors to the detriment of minors or educational personnel and will proceed with common sense according to the event that occurred; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred.This is not an obstacle to act when the best interests of the minor are protected in educational institutions that have the mission of safeguarding the minor when they are in said institution, even the same Supreme Court of Justice has ruled on the matter in an extraordinary session of 15 of May 2015, since said procedure must be initiated by the person who initially became aware of said behaviors to the detriment of minors or educational personnel and will proceed with common sense according to the event that occurred; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred.even the same supreme court of justice has ruled in this regard in an extraordinary session of May 15, 2015, as said procedure must be initiated by the person who initially became aware of said conduct to the detriment of minors or educational personnel and will proceed with common sense accordingly to the fact that happened; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred.even the same supreme court of justice has ruled in this regard in an extraordinary session of May 15, 2015, as said procedure must be initiated by the person who initially became aware of said conduct to the detriment of minors or educational personnel and will proceed with common sense accordingly to the fact that happened; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred.

child abuse-management-complaint-protocol

Research Justification

This is justified based on the Grounded Theory, since the guidelines of the Legal Folder for the attention of complaints and / or reports of violence, abuse, bullying and child sexual abuse has been issued by the SEV since 2014, amended in 2015, but it lacks an effective administrative process, as there are no effective instruments to document a complaint of this type, so for a better organization and administration of educational services in the care of the integrity of the minor there must be a friendly instrument applied by any worker or employee of the SEV, since the first thing that the SEV and the Human Rights Commission ask for when there is a problem of abuse or mistreatment is the Action Protocol in these cases, but basic education schools lack of it,Therefore, as a director of a basic education school, it is my obligation to file a complaint for these aspects, for which it is essential to develop a systematized form to file complaints and give them the respective follow-up. This research is current inasmuch as it aims to provide a solution through a proposal for an Objective and Systematic Procedure in which the correct management of problematic situations is privileged, considering the Legal File and linking it to the Guidelines for Coexistence Agreements issued by the SEV, in such a way that said instrument serves to provide a solution, prevent and avoid damage to the integrity of minors, and as said procedure is friendly, any employee of basic education schools knows it and can apply it, regardless of being directors,since all staff have the obligation to ensure care for the integrity of minors.

Delimitation of the Problem

Regarding the temporal space delimitation, a study is carried out on basic education schools in the state of Veracruz based on the issuance of intervention protocol standards to substantiate complaints and / or reports of behaviors of violence, abuse, bullying, and bullying. child sexual abuse, to determine the non-existence of a form and the proposal to solve it and provide the basic education schools of the state of Veracruz with a form that is practical to substantiate said complaints. Regarding the legal theoretical delimitation, it deals with educational norms and indicators on complaints and

complaints and on the analysis of how these complaints have been dealt with considering the best interests of Veracruz children, since, although there is an instrument called a protocol in it, the procedure to follow and the forms to fill out, derived from the observation that each basic education school handles it erroneously with the risk of violating children's rights, since it applies it to its free interpretation without uniformity.

Problem question

What administrative processes are required to carry out the Action Protocol in situations of violence, mistreatment, sexual abuse, bullying and bullying in elementary schools in the state of Veracruz?

Research questions

1.- What does the Prevention Protocol consist of to avoid disruptive situations of violence, mistreatment, sexual abuse, bullying and bullying of the Ministry of Education of Veracruz?

2.- What are the elements that the Protocol of

Acting in a disruptive situation of violence, mistreatment, sexual abuse, bullying and bullying?

3.- What are the administrative instruments and procedures necessary to implement the Action Protocol in situations of violence, mistreatment, sexual abuse, bullying and bullying in schools?

General objective

Enrich the Action Protocol in situations of violence, mistreatment, sexual abuse, bullying and bullying in elementary schools in the State of Veracruz.

Specific objectives

  • Demonstrate that the Ministry of Education does not have a Systematic Protocol for Prevention and Action in situations of violence, abuse, sexual abuse, bullying and bullying, for which it uses other mechanisms Design the instruments and administrative procedures of the Action Protocol in situations of violence, mistreatment, sexual abuse, school harassment and bullying for the basic education schools of Veracruz.

Research Background

Violation of the rights of children in basic education schools has been a constant in the educational system, for which various specific regulations have arisen that protect their integrity and guide the actions of public servants, call them managers, teachers, administrative or mayors.

In this sense, I can indicate that there are some antecedents related to my research that have studied the present topic are:

The Committee on the Rights of the Child defines the term of physical violence as fatal and non-fatal, physical violence includes: a) All corporal punishment and all other forms of torture and cruel, inhuman or degrading treatment or punishment, and b) Physical bullying and hazing by adults or other children; Likewise, Violence between children can occur as physical, psychological and sexual violence, often with intimidation, exerted by some children against others, frequently by groups of children, which not only damages the integrity and physical and psychological well-being of the child of immediate form, but usually seriously affects their development, education and social integration in the medium and long term.

One of the forms of violence that is currently having the most impact on people of school age is bullying. Díaz-Aguado (2005) considers bullying as a form of violence between equals that has the following characteristics: 1) it usually includes behaviors of a diverse nature (teasing, threats, intimidation, physical aggression, systematic isolation, insults); 2) it tends to cause problems that recur and last for a certain time; 3) it is an abuse of power, as it is caused by a student (the bully), generally supported by a group, against a victim who is defenseless and who cannot by herself get out of this situation; 4) and is maintained due to the ignorance or passivity of the people who surround the aggressors and victims without intervening directly.

Ortega and Mora-Merchán (2000) collect an important sample of definitions and they themselves define it as a social situation in which one or several schoolchildren take another classmate as the object of their unjustly aggressive behavior and subject him / her, for time prolonged physical aggression, teasing, harassment, threat, social isolation or social exclusion, taking advantage of their insecurity, fear or personal difficulties to ask for help or defend themselves. In general, the different researchers on the subject conceptualize bullying in a similar way to this.

According to the National Institute of Statistics and Geography (INEGI), with the participation of the Ministry of the Interior (SEGOB), the Social Cohesion Survey for the Prevention of Violence and Crime (2014) was designed, the ECOPRED was carried out in the framework of the National Subsystem of Government, Public Security and Justice Information (SNIGSPIJ), as well as the National Program for the Social Prevention of Violence and Delinquency; This survey will seek to generate estimates of some of the factors that promote the emergence of criminal and violent behavior, since it provides such an estimate to make appropriate decisions.

The Convention on the Rights of the Child recognizes the right of the child to be heard in all matters that affect him, adding in an additional way that his opinions should be taken into account depending on the age and maturity of the child. This article specifies that for this the child must be given the opportunity to be heard in any judicial or administrative procedure that affects her, either directly or through a representative.

It is considered child sexual abuse (ASI) to involve the child in sexual activities that he does not fully understand, to which he is not in a position to give informed consent, or for which he is evolutionarily immature. ASI or Child Sexual Abuse manifests itself in activities between a child and an adult, between one child and another, who, due to their age or development, are in a position of responsibility, trust or power.

Article 19 of the Convention on the Rights of the Child specifies that violence against girls, boys and adolescents is defined as any form of physical or mental harm or abuse, neglect or negligent treatment, mistreatment or exploitation, including sexual abuse.

The General Law of Girls, Boys and Adolescents in its article 57, mentions that each federative entity is expected to carry out specific actions to prevent, detect and act in cases of child sexual abuse, considering the fundamental responsibilities that are listed in this section.

Concepts and Theories that support the Research

The areas in which related existing studies have focused have focused on various guidelines that respond more to a supervision of care for the integrity of the student, to protect the best interests of children, rather than to prevent any conduct that damages their integrity..

The use of the terms "mothers, fathers and guardians" in accordance with the General Law of Boys and Girls also includes the persons who have the custody and custody of girls, boys and adolescents or any person who has them under their care, thus it is established in article 103 of the same.

In the Federal District entity there is an Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in which it is ordered to install a multidisciplinary body in basic education schools as responsible for receiving, registering and reporting immediately to the internal mechanism when cases of sexual abuse are detected or reported, this instance will give simultaneous and immediate notice to the internal mechanism and to the Office of the Attorney for the Protection of children and adolescents, if this instance is not available, those in charge of the schools (staff of the address) will be responsible for notifying.

According to the Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in the Federal District, the responsibilities of mothers, fathers and guardians is to know the normative and school organization documents issued by the Ministry of Public Education, through each one of the Local Educational Authorities and those of internal character of the establishment; Know the information of the educational and administrative authority with whom to appeal for the application of prevention actions and / or, if necessary, carry out action actions; Observe and be alert to any change in student behavior inside and outside the classroom, report to the immediate authority any finding and / or indicator associated with the possibility of child sexual abuse;Go to school in case of observing any abnormal behavior in minors.

In the State of Veracruz there is a normative document entitled "Legal Information Folder for the Attention of Complaints or Reports of Violence, Abuse, School Harassment and Child Sexual Abuse", which has been issued by the Secretary of Education of the State of Veracruz since in 2014 and modified in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardians and sometimes by the educational members themselves for behaviors that lead to deplorable behaviors such as violence, abuse, bullying, school bullying, child sexual abuse, however, there is a lack of systematization in its application as it is not known. Therefore, this document remains in the Platonic world of ideas,because what would be missing would be the actions carried out materialized in tangible instruments that guarantee said normality.

It is worth mentioning that in part our Veracruz entity has the Legal Folder Guidelines document for cases of school abuse, bullying, child sexual abuse and bullying, as well as some guidelines in this regard issued by the District Secretary of Education Federal, in such a way that as they are guiding principles, procedures can be rethought and instruments in this regard can be rethought that follow up on such cases, starting from the complaint or denunciation instrument, the ratifications with the primary requirements, the informative part to various authorities, obtaining verbal reports to minors with the legal requirements, where appropriate the instruments with provisional measures to be considered to protect the integrity of the minor, the follow-up process, comprehensive reparation to the minor,as well as an annual report on such cases of harassment, child sexual abuse, school abuse and bullying.

Research Approach

Probabilistic. Quantitative investigation. When considering the databases of INEGI, INE in relation to reported cases of school violence, school abuse, school bullying and bullying in elementary schools, as well as the index of schools that report action through a protocol.

The use of the terms "mothers, fathers and guardians" in accordance with the General Law of Boys and Girls also includes the persons who have the custody and custody of girls, boys and adolescents or any person who has them under their care, thus it is established in article 103 of the same.

In the Federal District entity there is an Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in which it is ordered to install a multidisciplinary body in basic education schools as responsible for receiving, registering and reporting immediately to the internal mechanism when cases of sexual abuse are detected or reported, this instance will give simultaneous and immediate notice to the internal mechanism and to the Office of the Attorney for the Protection of children and adolescents, if this instance is not available, those in charge of the schools (staff of the address) will be responsible for notifying.

According to the Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in the Federal District, the responsibilities of mothers, fathers and guardians is to know the normative and school organization documents issued by the Ministry of Public Education, through each one of the Local Educational Authorities and those of internal character of the establishment; Know the information of the educational and administrative authority with whom to appeal for the application of prevention actions and / or, if necessary, carry out action actions; Observe and be alert to any change in student behavior inside and outside the classroom, report to the immediate authority any finding and / or indicator associated with the possibility of child sexual abuse;Go to school in case of observing any abnormal behavior in minors (p. 14).

In the State of Veracruz there is a normative document entitled "Legal Information Folder for the Attention of Complaints or Reports of Violence, Abuse, School Harassment and Child Sexual Abuse", which has been issued by the Secretary of Education of the State of Veracruz since in 2014 and modified in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardians and sometimes by the educational members themselves for behaviors that lead to deplorable behaviors such as violence, abuse, bullying, school bullying, child sexual abuse, however, there is a lack of systematization in its application as it is not known.

The issue of violence in school settings is debated with different views and meanings that refer to definitions with different degrees of inclusiveness (Debarbieux, 2002); Definitions in a narrow sense and definitions in a broad sense are configured. the former consider as violent only those actions that violate the legal system and are prescribed by current regulations, the latter also include actions that, without violating legal parameters or guidance for intervention in conflictive situations and violation of rights in the school scene liable to punishment, are experienced as violent by those who are affected. These are beyond physical aggression or another action that is part of an eminently legal transgression (Míguez, 2008),but they do fall within the coexistence parameters established, for example, by institutional coexistence agreements: incivilities, intimidation, verbal abuse, discrimination or stigmatization between peers or between teachers and students, or towards and from parents, issues that hinder integration

If a student comments or is detected that he has been a victim of sexual abuse or mistreatment, what we do from the educational institution, it is the obligation of the school authorities to make the corresponding criminal complaint in safeguarding the interests of the child or adolescent.

To solve this problem, it is necessary to consider an eclectic theory in which I return to the most convenient of the neoclassical approach of Administration by Objectives and the approach of the Structuralist Theory of Administration linked to the Theory of Organizational Development (OD), of the following form: The neoclassical approach of Management by Objectives will help me because it is a method by which as a manager who observes the minimum normality together with my subordinates we have as a joint goal the care and protection of the integrity of basic education students, As my organization is a Public Institution that provides educational services, in a way that emphasizes the general principles of administration such as planning, verifying and acting.

Every Basic Education school is not immutable, but each one, having its different characteristics, has different situations in bullying problems, which is why we must promote the organizational culture with a good organizational and administrative climate, where we make decisions in consensus, horizontally, so that there is a true accompaniment and organizational development, this is to standardize an application criterion when there are cases of violence, harassment, school abuse and bullying.

The Committee on the Rights of the Child defines the term of physical violence as fatal and non-fatal, physical violence includes: a) All corporal punishment and all other forms of torture and cruel, inhuman or degrading treatment or punishment, and b) Physical bullying and hazing by adults or other children; Likewise, Violence between children can occur as physical, psychological and sexual violence, often with intimidation, exerted by some children against others, frequently by groups of children, which not only damages the integrity and physical and psychological well-being of the child of immediate form, but usually seriously affects their development, education and social integration in the medium and long term.

One of the forms of violence that is currently having the most impact on people of school age is bullying. Díaz-Aguado (2005) considers bullying as a form of violence between equals that has the following characteristics: 1) it usually includes behaviors of a diverse nature (teasing, threats, intimidation, physical aggression, systematic isolation, insults); 2) it tends to cause problems that recur and last for a certain time; 3) it involves an abuse of power, as it is caused by a student (the bully), generally supported by a group, against a victim who is defenseless and who cannot by herself get out of this situation; 4) and is maintained due to the ignorance or passivity of the people who surround the aggressors and victims without directly intervening;It has also been defined as a social situation in which one or more schoolchildren take another classmate as the object of their unjustly aggressive behavior and subject him, for a long time to physical aggression, teasing, harassment, threat, social isolation or exclusion taking advantage of their insecurity, fear or personal difficulties to ask for help or defend themselves. In general, the different researchers on the subject conceptualize bullying in a similar way to this.In general, the different researchers on the subject conceptualize bullying in a similar way to this.In general, the different researchers on the subject conceptualize bullying in a similar way to this.

According to the National Institute of Statistics and Geography (INEGI), with the participation of the Ministry of the Interior (SEGOB), the Social Cohesion Survey for the Prevention of Violence and Crime (2014) was designed. ECOPRED 2014 is carried out within the framework of the National Subsystem of Government Information, Public Security and Impartation of Justice (SNIGSPIJ), as well as the National Program for the Social Prevention of Violence and Crime. This survey will seek to generate estimates of some of the factors that lead to the emergence of criminal and violent behaviors, in such a way that it yields said estimate to make appropriate decisions.

The Convention on the Rights of the Child recognizes the right of the child to be heard in all matters that affect him, adding in an additional way that his opinions should be taken into account depending on the age and maturity of the child. This article specifies that for this the child must be given the opportunity to be heard in any judicial or administrative procedure that affects her, either directly or through a representative. It is considered child sexual abuse (ASI) to involve the child in sexual activities that she does not fully understand, to which she is not in a position to give informed consent, or for which she is evolutionarily immature. ASI or Child Sexual Abuse manifests itself in activities between a child and an adult, between one child and another, that due to their age or development,you are in a position of responsibility, trust or power.

Article 19 of the Convention on the Rights of the Child specifies that violence against girls, boys and adolescents is defined as any form of physical or mental harm or abuse, neglect or negligent treatment, mistreatment or exploitation, including sexual abuse.

The General Law of Girls, Boys and Adolescents in its article 57, mentions that each federative entity is expected to carry out specific actions to prevent, detect and act in cases of child sexual abuse, considering the fundamental responsibilities that are listed in this section.

In basic education schools, the approach of the Structuralist Theory of Administration linked to the Theory of Organizational Development (OD) should be considered as a process that follows 8 stages:

1. Decision of the company management to use the DO; 2. Initial diagnosis; Data collection; 4. Data feedback and confrontation; 5. Action planning and problem solving; 6. Team development; 7. Intergroup development; and, 8. Evaluation and accompaniment; This will lead to well-thought-out actions and care for the integrity of minors.

Once the focus and theory that support the present frame of reference has been defined, this work intends to make practical the procedure of the "Legal information folder for the attention of complaints or reports of violence, abuse, bullying and child sexual abuse" issued by the Secretary of Education of the State of Veracruz since 2014 and modified in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardian and sometimes by educational members for behaviors that affect deplorable behaviors such as violence, mistreatment, bullying, school bullying, child sexual abuse, without necessarily having any specialization in law, psychology or social work, trying to lead by the hand for its application and making the procedure understandable and simple,since all public servants are obliged to apply it to avoid falling into administrative omissions that entail the respective labor, criminal and civil sanction in case of circumventing it, in such a way that with this investigation it is intended to make it understandable and practical to apply the procedure that marks the same folder, which is why the procedure is made friendly so that said behaviors are attended with the necessary immediacy by any member of the educational community and regardless of the absence of the management personnel, taking into account the principle of the "close human factor", that is to say, it cannot be tolerated to incur in omission under the pretext that there is no action because the directors are not present,This is not an obstacle to act when the best interests of the minor are protected in educational institutions that have the mission of safeguarding the minor when they are in said institution, even the same Supreme Court of Justice has ruled on the matter in an extraordinary session of 15 May 2015, since said procedure must be initiated by the person who initially became aware of said behaviors to the detriment of minors or educational personnel and will proceed with common sense according to the event that occurred. Regarding the delimitation of time space, a study is carried out on basic education schools in the state of Veracruz based on the issuance of intervention protocol standards to substantiate complaints and / or reports of behaviors of violence, abuse, bullying, and bullying. child sexual abuse,to determine the non-existence of a form and the proposal to solve it and provide the basic education schools of the state of Veracruz with a form that is practical to substantiate said complaints. This is to answer the following questions: What is the procedure to follow and procedures to be carried out when there is a complaint of harassment, school abuse, school maltreatment and bullying? How is the best interest of the minor protected in educational institutions attending to the beginning ofschool abuse, school mistreatment and bullying? How is the best interests of the minor protected in educational institutions taking into account the principle ofschool abuse, school mistreatment and bullying? How is the best interests of the minor protected in educational institutions taking into account the principle of

"Close human factor"? How does the public servant proceed in basic education schools, in the face of a disruptive situation of violence, mistreatment, sexual abuse, bullying and bullying ?; What is the action protocol in basic education schools, in the face of a disruptive situation of violence, mistreatment, sexual abuse, school harassment and bullying? Is it the same for everyone, that is, is there uniformity in its application? Ombudsman Recommendations exist

National and Federal Entities that the Ministry of Education must create an Intervention Protocol for cases of bullying and school violence in all its manifestations (Recommendation 8/2016).

The use of the terms "mothers, fathers and guardians" in accordance with the General Law of Boys and Girls also includes the persons who have the custody and custody of girls, boys and adolescents or any person who has them under their care, thus it is established in article 103 of the same.

In the Federal District entity there is an Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in which it is ordered to install a multidisciplinary body in basic education schools as responsible for receiving, registering and reporting immediately to the internal mechanism when cases of sexual abuse are detected or reported, this instance will give simultaneous and immediate notice to the internal mechanism and to the Office of the Attorney for the Protection of children and adolescents, if this instance is not available, those in charge of the schools (staff of the address) will be responsible for notifying.

According to the Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in the Federal District, the responsibilities of mothers, fathers and guardians is to know the normative and school organization documents issued by the Ministry of Public Education, through each one of the Local Educational Authorities and those of internal character of the establishment; Know the information of the educational and administrative authority with whom to appeal for the application of prevention actions and / or, if necessary, carry out action actions; Observe and be alert to any change in student behavior inside and outside the classroom, report to the immediate authority any finding and / or indicator associated with the possibility of child sexual abuse;Go to school in case of observing any abnormal behavior in minors (p. 14).

In the State of Veracruz there is a normative document entitled "Legal Information Folder for the Attention of Complaints or Reports of Violence, Abuse, School Harassment and Child Sexual Abuse", which has been issued by the Secretary of Education of the State of Veracruz since in 2014 and modified in 2015 in relation to any complaint and / or complaint filed by minors, parents and / or guardians and sometimes by the educational members themselves for behaviors that lead to deplorable behaviors such as violence, abuse, bullying, school bullying, child sexual abuse, however, there is a lack of systematization in its application as it is not known.

There are political, legal and administrative aspects; they have close ties in the educational administration, which is why it is essential to give them attention for a better organization; under a vision of the concept of quality in its four processes: plan, do, verify and adjust (PHVA), it seeks to implement quality as a process of the service cycle and in which I have realized that it is necessary to provide an instrument suitable for basic education schools in the State of Veracruz, for which my research is entitled "Intervention Protocol to substantiate complaints and / or reports of conduct of violence, mistreatment, bullying, and child sexual abuse", for means of which, as Thomas Hobbes mentioned at the time, the State as such organizes social life and guarantees the peace of the schools of basic education.It is worth mentioning that regarding the legal theoretical delimitation it deals with educational standards and indicators on complaints and complaints and on the analysis of how these complaints have been proceeded considering the best interests of Veracruz children, since in article 4. of the Constitution establishes that in all decisions and actions of the State, the principle of the best interests of children will be watched over and complied with, fully guaranteeing their rights, as well as numeral 19 of the Convention on the Rights of the Child (Although there is an instrument called a protocol, the procedure to be followed and the forms to fill out are absent.derived from the observation that each basic education school mishandles it with the risk of violating children's rights, since it applies it to its free interpretation without uniformity. As for the State of Veracruz, the Ministry of Education mentions a procedure of the

Legal Information Folder for the Attention of Complaints or Reports of Violence, Maltreatment, School Harassment and Child Sexual Abuse (2014) with its modification in 2015, however, it lacks systematization in its procedures causing confusion in its application, fear of not knowing the same and where appropriate could cause some violation of the right of minors to basic education. For this reason, this work intends to make the procedure of said Folder practical with an adequate and precise Protocol that, far from sanctioning, prevents and, where appropriate, investigates and leads to the repair of children's rights. Therefore, and for any member of the educational community to know and apply the "legal information folder for the attention of complaints or reports of violence, abuse,school harassment and child sexual abuse ”, without necessarily having any specialization in law, psychology or social work, trying to lead by the hand for its application and making the procedure understandable and simple, since all public servants are obliged to apply it, to avoid falling into administrative omissions that entail the respective labor, criminal and civil sanction in case of circumventing it, in such a way that with this it becomes understandable and practical to apply the procedure that marks the same folder, for which it is made The procedure is friendly so that such behaviors are attended to with the necessary immediacy by any member of the educational community and regardless of the absence of management personnel, taking into account the principle of the "close human factor", that is,It cannot be tolerated to incur in omission under the pretext that there is no action because the directors are not present, this is not an obstacle to act when the best interests of the minor are protected in educational institutions that have the mission of safeguarding the minor when they are found In said institution, even the Supreme Court of Justice itself has ruled in this regard in an extraordinary session of May 15, 2015, since said procedure must be initiated by the person who initially realized such conduct to the detriment of minors or educational personnel and will proceed with common sense according to the event that happened; It is well known that if it is not applied, administrative, civil and even criminal responsibilities are incurred. In such a way that, according to the Prevention Guidelines,Detection and Action in cases of Child Abuse, Child Sexual Harassment, School Harassment and Maltreatment in Basic Education Schools (SEP, 1993), when situations of abuse are identified in a school, the competent school authority has the obligation to intervene to in order to guarantee the safety of children and adolescents. Likewise, it must participate in the establishment and implementation of measures to guarantee the non-repetition of said situations, in this sense, according to the work of "Corrientes de la Administración" I share the definition of (Fernández A. 9: 2012) by mentioning that Administration is a social science that pursues the satisfaction of institutional objectives through a structure and through coordinated human effort,and in this coordinated effort, a Protocol form is necessary to deal with such situations.

The Theoretical and Legal delimitation deals with educational norms and indicators on complaints and complaints and on the analysis of how these complaints have been proceeded, considering the best interests of Veracruz children, since, although there is an instrument called a protocol, there are The forms to fill out are absent, derived from the observation that each elementary school mishandles it with the risk of violating the rights of the child, since it applies it to its free interpretation without there being uniformity on the same application, which when it is not known generates fear in its application.

Type of study

Controlled Clinical Trial, because it is based on the existing data related to basic education schools that have implemented a protocol to address complaints and / or reports of violence, abuse, bullying, and child sexual abuse, in such a way that This hypothesis is tested by rejecting the null hypothesis.

Research design

The stages or steps carried out to carry out the investigation are the following:

Identification and formulation of the problem.

Bibliographic review.

Methodological Framework Formulate the hypothesis.

Set goals.

Study design.

Pilot study.

Execution of the study.

Data collection

Information processing

Communication of results

Sample: Students from basic education schools of the Veracruz educational system

Population: Students of Basic education schools.

Unit of analysis: Students of basic education schools that apply action protocol in cases of school violence, school abuse, school bullying and bullying and schools in which they are not carried out.

Hypothesis

There must be clear administrative procedures to carry out the Action Protocol in situations of violence, abuse, sexual abuse, bullying and bullying in elementary schools in the state of Veracruz.

Statistics: It is based on the existing data regarding how many basic education schools have implemented a protocol to address complaints and / or reports of behaviors of violence, mistreatment, school harassment, bullying and child sexual abuse, in such a way that this hypothesis is contrasted rejecting the null hypothesis.

The Null Hypothesis (Ho): It will be verified if the basic education schools have implemented a protocol to address complaints and / or reports of behaviors of violence, abuse, school harassment, bullying and child sexual abuse and if this has improved the school climate of healthy coexistence; It will be verified if the basic education schools have not implemented a protocol to address complaints and / or reports of violence, abuse, bullying, bullying and child sexual abuse and if this has improved the school climate of healthy coexistence.

The null hypothesis will then be that the school climate of healthy coexistence has not improved in the schools that carry out a protocol to deal with complaints and / or complaints about behaviors of violence, abuse, school bullying, bullying and child sexual abuse and those that do not they carry it. The Alternate Hypothesis (H1): It will be verified that the school climate of healthy coexistence has improved in basic education schools that have implemented a protocol to address complaints and / or reports of behaviors of violence, abuse, school harassment, bullying and child sexual abuse and in those that do not carry it, it has not improved.

Conceptualization of Variables

The following paragraph contains the two variables: The influence of the action protocol in cases of school abuse, school violence, child sexual abuse and bullying (independent variable) as a factor of healthy school coexistence and process improvement (dependent variable).

Population and Sample

The population is the Schools of Basic Education of the State of Veracruz. The sample is the Basic Education Schools of the Xalapa Zone.

Data Collection Techniques and Instruments

Some necessary data to proceed to answer the research question is to have Primary and Secondary sources, such as the guidelines of the Legal Information Folder for the Attention of Complaints or Reports of Violence, Maltreatment, School Harassment and Child Sexual Abuse of 2014 with its modification in 2015; in the same way statistical data from INEGI on school violence, in the same way data from the Child Consultation carried out by the Federal Electoral Institute, complaints regarding human rights against the Ministry of Education of Veracruz, data from SIPINA on school violence, data of School Coexistence, data from the Attorney General of the Veracruz entity indicating how many complaints have come for school violence, school abuse, school bullying and bullying,data from the State Institute of Transparency of how many basic education schools have a protocol and instruments to follow up on the respective complaints. Specifically they are the following:

  • Documents generated in the Schools of Basic Education Report of the Veracruzano Institute of Access to Public Information Report of Complaints to the State Commission for Human Rights Report of Complaints for abuse, ASI, AE issued by the SEV Census data of the INEGI on child population, child abuse Data from the Federal Electoral Institute on Child Consultation Direct observation Surveys

Bibliographic references

  • Campos Jasso, Erick Alejandro (2012) Corrientes de la Administración. Third Millennium Network. ISBN 978-607-733-0851, First edition, pp. 197. Legal Information Folder for the Attention of Complaints or Reports of Violence, Maltreatment, School Harassment and Child Sexual Abuse (2014) SEV. Mexican Political Constitution (2017) Available In: Convention on the Rights of the Child (1989) UN General Assembly Committee on the Rights of the Child (2001). Recommendations adopted, General debate on violence against children in the family and school (2001) Report on the 28th session, CRC / C / 11, p. 236, 237. Debarbieux, E. (2003). School violence and globalization. Journal of Educational Administration, p. 582-602, Díaz-Aguado, M. (2005). Peer violence in adolescence and its prevention from school. Psicothema 17 (4): 549-558.Available at: https://www.redalyc.org/pdf/727/72717402.pdf02.pdf Duro, E., Dir. Editorial (2014). Guidance guide for intervention in conflict situations and violation of rights in the school setting. UNICEF, Buenos Aires. Printed in Argentina, first edition, October 2014, pp. 83 Social Cohesion Survey for the Prevention of Violence and Crime (2014) ECOPRED Operational Guide for the Organization and Functioning of Initial, Basic and Special Education Services for Private Schools in the Federal District, Incorporated into the SEP (1995) p. 14.Guide of orientation for intervention in conflict situations and rights violations in the school setting (2014) UNICEF, Buenos Aires. Printed in Argentina, first edition, pp. 83.Intebi, Irene, Osnajanzki, Norma (2003); Child abuse,girls and adolescents, detection and intervention. Buenos Aires. Family of the New Century. General Law of Girls, Boys and Adolescents (2014) DOF, Mexico DF, pp. 99. Maravert Alba, MI (2017). Administrative thinking. Neoclassical, structuralist and behavioral approach to the administration of the administration. Retrieved from http://miscursos.iuv.edu.mx/course/vie w.php? Id = 204 Ortega, R. and Mora-Merchán, JA. (2000) School violence: myth or reality. Mergablum Edition and Communication. Seville. General Recommendation Number 8 (2006) of the National Human Rights Commission.structuralist and management behavior of the administration. Retrieved from http://miscursos.iuv.edu.mx/course/vie w.php? Id = 204 Ortega, R. and Mora-Merchán, JA. (2000) School violence: myth or reality. Mergablum Edition and Communication. Seville. General Recommendation Number 8 (2006) of the National Human Rights Commission.structuralist and management behavior of the administration. Retrieved from http://miscursos.iuv.edu.mx/course/vie w.php? Id = 204 Ortega, R. and Mora-Merchán, JA. (2000) School violence: myth or reality. Mergablum Edition and Communication. Seville. General Recommendation Number 8 (2006) of the National Human Rights Commission.

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Mtro. Juan Fidel Medina Martinez

E-mail: [email protected]

He currently serves as Deputy Director of Primary School, Higher Education Tutor, General Consultant; Social Defender and Lawyer.

Completed on: January 1, 2019. - Xalapa, Veracruz

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Protocol for complaints or reports of violence, mistreatment, bullying, bullying and child sexual abuse