LAW FOR PROMOTION INSTITUTIONS AND THE ABORDAJE OF SOCIAL CONFLICTITY IN EDUCATIONAL INSTITUTIONS

Law 26.892

Object, principles and objectives.

Sanctioned: September 11, 2013

Promulgated: October 1, 2013



ARTICLE 1 — This Act lays the foundation for the promotion, institutional intervention and the research and collection of experiences on coexistence as well as on the approach of social conflict in educational institutions of all levels and modalities of the national educational system.

ARTICLE 2° — These are guiding principles of this law, as provided for by law 23,849 — Convention on the Rights of the Child — Law 26,061, Comprehensive Protection of the Rights of Children and Adolescents, Law 26,206, of National Education:

(a) Unrestricted respect for the dignity and privacy of persons.

(b) Recognition of the cultural values, beliefs and identities of all.

(c) Respect for and acceptance of differences, rejection of all forms of discrimination, harassment, violence and exclusion in interactions between members of the educational community, including those produced through virtual environments and other information and communication technologies.

(d) The right to participate in different areas and issues of the life of educational institutions.

(e) Non-violent resolution of conflicts, the use of dialogue as a methodology for identifying and resolving problems of coexistence.

(f) Respect for the norms and sanction of their transgressions as part of the socializing education of educational institutions.

(g) Contextualization of transgressions in the circumstances in which, according to the perspectives of the actors, the previous backgrounds and other factors that affect them, maintain equality before the law.

(h) The student ' s right to be heard and to formulate his/her disclaimer in situations of transgression to established standards.

(i) The primary assessment of the formative sense of eventual sanctions or calls for attention.

(j) Recognition and reparation of damage or offence to persons or property of educational institutions or members of the educational community by the person or groups responsible for such acts.

ARTICLE 3° — The objectives of this Act are:

(a) Ensure the right to peaceful, integrated and free coexistence of physical and psychological violence.

(b) To guide education towards criteria that prevent discrimination, promote the culture of peace and the absence of physical or psychological abuse.

(c) Promote the development or revision of the rules of the jurisdictions on coexistence in educational institutions, thus establishing the basis for the latter to develop their own agreements of coexistence and to establish bodies and bodies of participation of the different actors of the educational community.

(d) Establish guidelines on sanctions to apply in cases of breach of standards.

(e) To promote strategies and actions that strengthen educational institutions and their educational teams, to prevent and address situations of violence.

(f) Promote the creation of specialized teams and strengthen existing teams in jurisdictions, for the prevention and intervention of situations of violence.

(g) Develop qualitative and quantitative research on coexistence in educational institutions and the re-learning of significant practices in relation to the problem.


ARTICLE 4° — The Ministry of Education, with the agreement of the Federal Council of Education, should promote the development and revision of the standards on coexistence in educational institutions in each of the country ' s educational jurisdictions for all levels and modalities of education, based on the following guidelines:

(a) That the actions of the members of the educational community be directed towards respect for the life, rights and responsibilities of each person, non-violent resolution of conflicts, respect and acceptance of differences.

(b) The promotion of pluralistic linkages, based on mutual recognition and respect, that promote dialogue and interrelationship in the diverse.

(c) To recognize the competence of educational institutions to develop and periodically review their own codes or agreements of coexistence by ensuring the participation of the educational community, in line with the specific characteristics of the different levels, modalities and contexts.

(d) Initiating institutional arrangements to ensure the participation of students in different areas and issues of the school ' s institutional life, according to the specificities of each level and modality.

(e) Provide for and regulate the formation and functioning of organs and bodies of participation, dialogue and consultation in relation to coexistence in educational institutions, which are appropriate to the age and maturity of students. They must be of permanent operation and all sectors of the educational community must be represented.

(f) Enhancing the establishment of a system of training sanctions within an educational process that will enable the child, adolescent or young person to become progressively responsible for their actions.

ARTICLE 5° — Any rule or measure that infringes the right to the participation of teachers, students or their families in institutional educational life is expressly prohibited.

ARTICLE 6° — The Ministry of Education, with the agreement of the Federal Council of Education, must regulate the penalties to be applied to education in the event of transgression, considering the following guidelines:

(a) They must have an educational character, engaging in a process that will enable them to become progressively responsible for their actions, according to the characteristics of different levels and modalities.

(b) They must be gradual and maintain proportionality in relation to the transgression committed.

(c) It should be applied by contemplating the context of the transgressions in the circumstances in which, according to the different actors, the previous backgrounds and other factors affecting them, maintaining equality with the standards.

(d) They should be defined by ensuring the right of the student to be heard and to formulate his/her discard.

ARTICLE 7° — Sanctions that infringe the right to education or prevent the continuity of education in the educational system are expressly prohibited.


ARTICLE 8° — The Ministry of Education, with the agreement of the Federal Council of Education, must:

(a) Promote, together with the judicial teams, the development of strategies and actions to strengthen educational institutions and educational and supervisory teams, providing them with tools and training for the prevention and management of situations of violence in educational institutions; and it should promote the consolidation of spaces of orientation and reflection on social conflict.

(b) To promote the strengthening of the specialized teams of the jurisdictions to accompany the educational community in the prevention and treatment of situations of violence in the school institution.

(c) Strengthen specialized teams in the jurisdictions so that they can provide support and professional assistance, both institutional and unique, to individuals and groups that are part of situations of violence or harassment in school contexts, in order to address the different social, educational, linking and subjective dimensions at stake.

(d) Develop a guidance guide that sets out action lines, policy criteria and distribution of responsibilities for the different actors of the system and educational institutions in order to prevent and respond to situations of violence in the school context. This guide will place particular emphasis on the need for institutional action to generate conditions that inhibit abuse, discrimination, school harassment or any other form of peer-to-peer violence and/or between adults and children, adolescents and young people.

(e) Create a free national hotline for addressing violence in schools. Upon receipt, they must be referred to the appropriate school jurisdiction.

(f) To promote, together with the judicial teams, the coordination with the local authority and local services for the comprehensive protection of the rights of children, adolescents and young people, with a view to ensuring the attention of the problem in all its magnitude and complexity.



ARTICLE 9° — The Ministry of Education is responsible for:

(a) Conduct qualitative and quantitative research on the multiple facets that acquire the problem of conflictivity in educational institutions in order to generate and disseminate official, public and reliable information on the dimensions and characterizations of phenomena with special emphasis on pedagogical aspects.

(b) Identify and deploy initiatives to diagnose forms of violence in educational institutions, in the face of new modes of interaction in virtual environments.

(c) Identify, systematize and disseminate through the relevant agencies, practices that have allowed the creation of favourable conditions for coexistence in educational institutions, meeting and communication and to address the conflicts or disputes expressed in educational institutions, deployed by teachers, communities and civil society organizations.

ARTICLE 10. - The Ministry of Education, with the agreement of the Federal Council of Education, should prepare a biennial public report on the results of research on coexistence and conflictivity in educational institutions, as well as on the measures and actions carried out under this law, with the objective of assessing the state of situation for the development and orientation of educational policies.

ARTICLE 11. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE ONCE DAYS OF THE SEPTEM OF THE YEAR DOS MIL TRECE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.