The civil liability of the educational counselor arising from bullying in schools (A comparative legal study)
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P493-519.255Keywords:
Educational counselor, bullying, civil liability, compensationAbstract
Addressing the civil liability of the educational counselor arising from bullying within the school is of great importance, as bullying is considered one of the widespread phenomena in society and the school environment, being an unhealthy behavior that causes physical and psychological harm to those who are subjected to it. From this perspective, the responsibilit y of the educational counselor becomes apparent, as he is legally obligated to supervise and monitor students by guiding and directing them towards proper behavior during their time at the educational institution. Therefore, if an action is taken by one student that causes harm to another student, such an action constitutes grounds for the educational counselor's liability for negligence when its three elements are present: fault, harm, and a causal link between the harm and the fault. Given the importance of this matter and the resulting criminal and civil liability, we note that positive laws have stipulated it in their legislation, including the current Iraqi Penal Code, the Egyptian Penal Code, and the Algerian Penal Code. As for civil liability, it is subject to the general provisions relating to liability for the actions of others. To compare the texts in the Iraqi Civil Code and the Egyptian Civil Code, this study was divided into two sections. The first section dealt with defining the educational counselor and his tasks, and also addressed bullying and its causes. The second section was dedicated to clarifying the provisions of his civil liability and its effects
References
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Fourth: Legislation
1_Tunisian Code of Obligations and Contracts of 1906.
2_ Egyptian Civil Code No. (131) of 1947.
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5_Moroccan Code of Obligations and Contracts of 1959.
6_ Iraqi Penal Code No. (111) of 1969.
7_ Algerian Civil Code No. (58) of 1975.
8_ Instructions of the Educational Guidance Counselor No. (1) of 2012.
Fifth: Websites
https://www.almaany.com/ar/dict/ar-ar
Date of visit: 23/10/2025
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