Legal framework for school bullying in spain: responsibilities and lopivi - school bullying

School bullying is not just a coexistence problem; it is a legal problem. Many teachers and school principals are unaware of the legal implications of poor management of bullying. When is the school responsible? Can a minor go to jail for bullying? In this article we break down the current regulatory framework in Spain, with special attention to the new Law on the Protection of Childhood (LOPIVI).

1. The Responsibility of the Educational Center: "Culpa in Vigilando"

The Spanish Civil Code (Art. 1903) establishes that the owners of educational centers are responsible for the damages caused by their minor students while they are under their custody. This is known as Culpa in Vigilando (fault for lack of supervision).

• When does it apply?: If a student suffers bullying during school hours (including recess, lunch, and extracurricular activities) and the center did not act with due diligence.
• The Burden of Proof: It is the center that must demonstrate that it activated all protocols, that it supervised, and that it took measures. If there are no written records (incident reports, minutes of meetings with families, opening of a protocol), the judge may order the center (or the public administration in the case of public schools) to pay multimillion-dollar compensations for moral damages and aftereffects.

2. Criminal Responsibility of the Minor

What happens to the bully? The Organic Law on the Criminal Responsibility of Minors establishes clear ranges:

• Under 14 years old: They are not criminally responsible. They cannot be criminally prosecuted. Responsibility falls on the educational and family spheres. Parents are civilly liable (they must pay monetary compensation for the damages caused by their children).
• From 14 to 18 years old: They do have criminal responsibility. They can be tried for offenses such as bodily injury, threats, insults, degrading treatment or crimes against moral integrity. Penalties can range from community service and supervised release to placement in juvenile detention centers in serious cases.

3. The New LOPIVI Law (Ley Rhodes)

The Organic Law on Comprehensive Protection of Children and Adolescents against Violence (LOPIVI), approved in 2021, has changed the landscape for educational centers.

The Figure of the Wellbeing Coordinator: The law requires all educational centers to have a "Coordinator of Wellbeing and Protection". Their functions include:

• Promoting training programs on prevention.
• Coordinating the action protocols.
• Being the point of reference for students who want to report situations of violence.
• Reporting situations of risk to the Public Prosecutor's Office.

Qualified Duty to Report: LOPIVI establishes that any person who has knowledge of a situation of violence against a minor has the obligation to report it to the authorities. For public officials and teaching staff, this obligation is even greater, and its omission may constitute a crime.

4. Common Crimes in School Bullying

Although "bullying" does not appear as such in the Criminal Code, the behaviors that compose it are typified crimes:

• Crime of Threats (Art. 169 CP): Announcing a future harm ("I'll kill you", "I'll wait for you after school").
• Crime of Coercion (Art. 172 CP): Forcing someone to do something they do not want to do or preventing them from doing something the law allows (e.g., preventing them from entering the bathroom or the classroom).
• Crime against Moral Integrity (Art. 173 CP): Degrading treatment that severely undermines a person's dignity (e.g., forcing someone to kiss shoes, constant mockery about their physical appearance).
• Discovery and Revelation of Secrets (Art. 197 CP): Very common in cyberbullying (sharing intimate photos or private conversations).

Knowing the law is not to scare, it is to empower. A teaching team trained in legal regulation acts with greater confidence, better protects its students, and shields the educational center against negligence.