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Back at school, the date is approaching and the problems are many. The Palestinian Authority has taken steps to protect its members. The civil and criminal liability of principals is different from that of teachers. Teachers may also have a civil shield.
Back to school, the ANP in defense of its members
Back to school, September 14 is approaching and the problems, instead of diminishing, increase. Debates and reflections mainly focused on the organization. The subject of responsibilities regarding school operators has been less discussed. It is thanks to the public address system that the aforementioned problem has had space. The association of former directors requested the criminal shield for its members.
From a regulatory point of view, they have been equated with employers. And this was formalized by Ministerial Decree 292/96. Therefore, they are subject to Legislative Decree 81/08 and specifically to Article 18. Hence the obligations relating to the prevention and protection of accidents and occupational hygiene, in short, they must guarantee safety in schools, a necessary condition to guarantee the physical integrity of those who attend school. (Article 2087).
From this necessarily synthetic picture we understand the request of the AP (A. Giannelli) for a penal shield for its members. Mi’s response was entrusted to a note signed by M. Bruschi that writes: “Widespread rumors that, though unsubstantiated, have unjustifiably fueled fears about the responsibility of school leaders in specific safety issues in relation to the epidemiological emergency.“The fears expressed by school administrators, the note continues, are unjustified because”the framework of the rules is clear“. “The fulfillment of the official duties represents in fact a guarantee against any warning “. Obviously, the Cts is also of the same opinion, supporting this position by citing Law 40/20 and specifically art. 29 bis that establishes that the obligation of security conditions is fulfilled by applying the directives of the different protocols. Giannelli’s reply was immediate, highlighting the only civil and non-criminal nature of the provision (article 2087 of the Italian Civil Code)
Teachers have other responsibilities
This controversy has diverted the attention of teachers. They cannot be equated with school administrators in terms of roles and responsibilities. In the specific case, the former Deans must answer for the guilt in the organization (art. 2043 cc), while teachers are subject to guilt in watching (art. 2048 and 2051 cc). It follows that the debate does not concern them, leaving them without a shield.
In other words, the usual rules are valid for teachers and are confirmed with many sentences. In other words, they are responsible for the damages that the illicit act of their students causes to themselves or to others while they are under their supervision. They can only be exonerated by documenting that they have done everything possible to prevent the fact.
Now the position of school administrators is certainly less critical and therefore calmer, having received a kind of shield, if only for the civil party. Surely the coverage is not total (criminal shield), as requested.
Therefore, former presidents must develop the local security protocol, following national criteria. Teachers must apply them, aware that they will not be able to control all the variables of a situation that has become more complex due to the Coronavirus. Hence the possibility of incurring complaints for breach of supervision obligations.
The teachers’ shield: modify art. 61 law 312/80
Faced with possible complaints from parents that would surely make the teachers lose their dreams, there is a solution: modify the art. 61 of Law 312/80.
The current provision establishes that the injured party initially sued the Administration and “in the event that the Administration compensates a third of the damages suffered by the behavior of the students under supervision, the patrimonial responsibility of the teaching staff is limited only to cases of intent and gross negligence ”.
Here is the proposal: approve an update or integration to art. 61 of Law 312/80, a kind of civil shield for teachers that excludes any type of resource by the Administration, only in cases in which the damage suffered by the student or student is attributable to the health emergency. The temporary rule that will be included in a provision would certainly be welcomed by teachers, who could work with more peace of mind during the 2020-21 school year.
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