LAW FOR THE PROMOTION OF COEXISTENCE AND THE APPROACH OF SOCIAL CONFLICT IN EDUCATIONAL INSTITUTIONS
Purpose, principles and objectives. Sanctioned: September 11, 2013 Enacted: October 1, 2013
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Law for the promotion of coexistence and the approach of social conflict in educational institutions
Purpose, principles and objectives
Article 1-This law establishes the basis 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 education system.
Article 2-They are guiding principles of this law, in the framework of the provisions of Law 23.849-Convention on the Rights of the Child-Law 26.061, of Integral Protection of the Rights of the Child, Girls and Adolescents, Law 26.206, of Education National: (a) Unrestricted respect for the dignity and privacy of persons. b) The recognition of the values, beliefs and cultural identities of all. c) Respect and acceptance of differences, rejection of all forms of discrimination, harassment, violence and exclusion in interactions between members of the educational community, including those that occur through environments virtual and other information and communication technologies. d) The right to participate in different areas and issues of the life of educational institutions. e) The non-violent resolution of conflicts, the use of the dialogue as a methodology for the identification and resolution of the problems of coexistence. f) Respect for the rules and the sanction of their transgressions as part of the socializing education of educational institutions.
g) The contextualization of transgressions in the circumstances in which they occur, according to the actors ' perspectives, previous antecedents and other factors that affect them, while maintaining equality before the law. (h) the right of the student to be heard and to make his discharge in situations of transgression to the established rules. (i) The primary assessment of the training meaning of any sanctions or calls for attention. (j) The recognition and reparation of the 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-These are the objectives of this law: a) To guarantee the right to peaceful, integrated and free coexistence of physical and psychological violence. b) Orienting education towards criteria that avoid discrimination, promote the culture of peace and the absence of physical or psychological abuse. c) Promote the elaboration or revision of the norms of the jurisdictions on coexistence in the educational institutions, thus establishing the basis for the latter to develop their own agreements of coexistence and make up bodies and bodies participation of the different actors in the educational community. (d) Establish the guidelines on penalties to be applied in cases of violations of the rules. e) To promote strategies and actions that strengthen educational institutions and their teaching teams, for the prevention and approach of situations of violence in them. f) Promote the creation of specialized teams and strengthen existing ones in jurisdictions, for prevention and intervention in situations of violence. g) Develop qualitative and quantitative research on the coexistence of educational institutions and the relevance of significant practices in relation to the problem.
Promotion of coexistence in educational institutions
ARTICLE 4 °-The Ministry of Education of the Nation, with the agreement of the Federal Council of Education, should promote the elaboration and revision of the norms on coexistence in the educational institutions in each of the educational jurisdictions of the country for all levels and modalities of teaching, based on the following guidelines: (a) To guide the actions of the members of the educational community towards the respect for the life, the rights and responsibilities of each person, the non-violent resolution of conflicts, respect and acceptance of differences. b) That pluralist links, based on mutual recognition and respect, be encouraged to foster dialogue and interrelation in the diverse. c) The recognition of the competence of educational institutions to develop and periodically review their own codesing codes or agreements guaranteeing the participation of the educational community, adapting to the specific characteristics of the different levels, modes, and contexts. (d) To promote the ways of institutional organization that guarantee the participation of students in different areas and issues of the institutional life of the school, according to the specificities of each level and modality.
(e) To provide for and regulate the formation and functioning of organs and instances of participation, dialogue and consultation in relation to the coexistence in educational institutions, which are appropriate to the age and maturity of the students. They must be of permanent operation and all sectors of the educational community must be represented. (f) The establishment of a system of training sanctions within an educational process that enables the child, adolescent or young person to be progressively responsible for their actions.
Article 5-It is expressly forbidden any norm or measure that atents against the right to the participation of the teachers, students or their families in the institutional educational life.
ARTICLE 6-The Ministry of Education of the Nation, with the agreement of the Federal Council of Education, must regulate the penalties to be applied to the students in case of transgression considering the following guidelines: a) They must have a character In this process, it is possible to gradually become responsible for its actions, according to the characteristics of the different levels and modalities. b) They must be gradual and maintain a proportionality in relation to the transgression committed. c) They should be applied in the context of transgressions in the circumstances in which they occur, according to the different actors, previous antecedents and other factors that affect them, while maintaining equality before the norms. d) They must be defined by guaranteeing the student's right to be heard and to formulate his or her discharge.
Article 7-Sanctions which are against the right to education or which impede the continuity of education in the education system are expressly prohibited.
Strengthening institutional practices in the face of social conflict in educational institutions
Article 8 °-The Ministry of Education of the Nation, with the agreement of the Federal Council of Education must: a) Promote together with the courts the development of strategies and actions to strengthen the educational institutions and the teaching and supervision teams, providing tools and training for the prevention and approach of situations of violence in educational institutions; and should encourage the consolidation of spaces for guidance and reflection on the social conflict. b) Promote the strengthening of the specialized teams of the jurisdictions for the support of the educational community in the prevention and approach of situations of violence in the school institution. c) Strengthen the specialized teams of the jurisdictions so that they can provide support and professional assistance, both institutional and singular, to the subjects and groups that are part of situations of violence or harassment in School contexts, in order to take care of the different social, educational, and subjective dimensions put into play. (d) Develop a guiding guide setting out lines of action, normative criteria and the distribution of responsibilities for the different actors in the system and the educational institutions
prevent and act in situations of violence produced in the school context. This guide will focus on the need to deploy institutional actions to create conditions that inhibit abuse, discrimination, bullying, or any other form of violence between peers and/or adults. and boys, girls, teenagers and young people. e) Create a free national telephone line for the attention of situations of violence in schools. Once they are received, they must be referred to the appropriate school jurisdiction. f) Promote, together with the courts, the coordination with the local authority and the local services of 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.
Research and collection of experience
Article 9 °-The Ministry of Education of the Nation has the responsibility of: a) Conduct qualitative and quantitative research on the multiple facets that the problems of conflict in the institutions acquire In order to generate and disseminate official, public and reliable information on the dimensions and characteristics of the phenomena with special emphasis on the pedagogical aspects. b) Identify and deploy diagnostic initiatives of the forms acquired by violence in educational institutions, in the face of new modes of interaction in virtual environments. c) Identify, systematize and disseminate through the corresponding agencies, practices that have allowed to create favorable conditions for the coexistence in educational institutions, the encounter and the communication and to address the conflicts or disputes that are expressed in educational institutions, deployed by teachers, communities and civil society organizations.
ARTICLE 10. -The Ministry of Education of the Nation, with the agreement of the Federal Council of Education, must produce a biennial public report on the results of the research on coexistence and conflict in the institutions. The aim of this law is to assess the state of play for the development and orientation of educational policies, as well as measures and actions carried out under this law.
ARTICLE 11. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE ELEVEN DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND THIRTEEN.
-REGISTERED UNDER NO 26,892-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
Date of publication: 04/10/2013