Bullying in schools: A violation of articles 28 and 53 of the constitution

Abstract

Bullying continues to be a grave act that every student is vulnerable to when they are in school. Its effects are beyond brutal. The Alliance High School case in 2017 that saw a student brutally tortured gave a glimpse of what really happens in our schools. Article 53 of the Constitution of Kenya clearly provides a child’s right to basic education, right to be protected from abuse and from all forms of violence and inhumane treatment. It also provides for a child’s best interest being of paramount importance in any matter concerning a child. The Constitution in Article 28 further provides that every person has a right to have their dignity respected by all. Bullying grossly affects each of these rights in one way or another. Having this in mind, this study is based on three objectives: to evaluate the current situation and analyse the factors that contribute to bullying in secondary schools; to analyse the rights and freedoms infringed or violated by the incidence of bullying in Kenya and to assess the actions which the government has taken to address bullying and whether the government should take further steps to address the incidence of bullying in schools. For comparative purposes, this paper takes a look into South Africa’s legal framework and how it addresses this issue