Every child is subject to social deformation. An unformed person, like a sponge, absorbs various aspects of activity: both good and bad. A special place in the life of a child is occupied by the school. Teachers have a huge impact on children. But where are the boundaries of this influence? What is allowed and what is forbidden to the teacher? Does the teacher have the right to pick up the child’s phone, restrict certain things to use, or set non-standard prohibitions? We will try to understand the article.
Educational process organization
Schools are no longer guided by the norms of morality. In 2012, the Law "On Education" was adopted, which enshrined the rules of conduct for students and teachers, as well as ways to organize the educational process. On the basis of this law, schools began to publish their charters, which enshrined the rules of the educational procedure.
The problem of using gadgets was acute only in the mid-2000s. At that time, students were just starting to bring cell phones to school. This caused a wave of indignation from teachers. At the same time, children and parents wondered whether the teacher has the right to pick up the student’s phone.
Teacher Responsibilities
The teacher is endowed with a number of common responsibilities. The first and most important function of a teacher is the quality implementation of the educational process. The education procedure includes training and education - two interrelated areas. The teacher will not be able to qualitatively organize either one or the other process without respect for each child. It is the manifestation of respect, ethics and tolerance is the second responsibility of the teacher.
The teacher should set an example for his children. This madly banal thesis has not yet been comprehended by many educational workers. Most educators prioritize authoritarianism and bullying. Instead of an instructive conversation about the inappropriateness of telephones in the lesson, teachers resort to disputes and conflicts. Here we come to the key question of the article: does the teacher have the right to take the phone from the student?
Teacher, child and phone
The work of the teacher involves a huge number of responsibilities. However, insignificant salaries and, as a result, low professional motivation often make teachers careless and negligent workers. Often the teacher is no different from his own students. He is rude, lazy and irritated for no reason. Phones in children are a great cause for conflict. In a fit of anger, the teacher can throw or even break the device. With such cases, everything is clear: the school worker behaves unprofessionally and intentionally spoils the property of third parties. But what about the withdrawal? Does the teacher have the right to pick up the phone? The answer of the lawyers is unequivocal: no, the employees of the school, college or university do not have such a right.
Each person has three property rights: possession, use and disposal. None of these rights can be limited except by a court decision. If the teacher picks up the student’s phone, this is a clear violation of rights. The norm in the school charter on the prohibition of use directly contradicts the Constitution and the Civil Code. But how should a teacher behave if children completely surrendered to the world of games and the Internet instead of absorbing knowledge? Let's get it right.
What is allowed to the teacher?
In fairness, it is worth noting that the teacher has not so many rights. The priority in the educational process is given to children, although they do not notice it.The teacher, however, often exceeds his authority. On the example of the situation with the phone it is not difficult to trace.
It is easy to imagine the situation: the teacher, for half an hour, tries to explain the material to children who have nothing to do with learning. They all buried in telephones. What will a good, educated worker do in this case? He will apply all his skills and hold a conversation with the children: increase his educational motivation, tell about the destructive influence of "empty" information, and finally share his own experience in getting rid of bad habits. However, organizing such a conversation is very difficult. Much easier to remove the phones and once again feed students with self-hatred.
There is a second, slightly simpler version of the legal fight against "telephone addiction." It is worth organizing a parent meeting. The teacher talks about the problem to the legal representatives of his students and asks for action. The question is raised whether the teacher has the right to pick up the phones of the students, which are, in fact, the property of the parents. As a result, a conscientious parent himself does not allow his child to go to school with gadgets.
The rights of students in the Russian Federation, Kazakhstan and the Republic of Belarus
Does a teacher have the right to pick up a student’s phone in any other post-Soviet country, except Russia? If the right of ownership is regulated in the constitution or any other law, then the teacher does not have such an opportunity. School charters do not supplement teachers with rights: these are local acts that should not contradict federal norms and articles.
The teacher has no right to pick up the phone. Having dealt with this, you should pay attention to the students. What rights do they have? Here you need to refer to the 1989 Convention on the Rights of the Child. The document enshrines the right to life and health, to education, as well as protection against violence and threats. It is no secret that some teachers exceed their authority. Moreover, the child’s behavior does not justify violations by the teacher. Teachers often put pressure on, threaten, or even use force. Tolerate in this case is not worth it. Seek help as soon as possible.
Conflict Resolution
Let's get back to the situation with electronic devices. What to do if the teacher took the phone from the child and does not want to give it back? The student must first contact the parents. It is necessary to tell in detail about what happened. Together with the child, the parents go to the principal, where they declare a peaceful resolution to the conflict.
If the director does not care about the parents, then you should contact the municipality or the education department. A complaint will be made regarding the specific teacher. Within a month, the school must respond to the complaint and make a reasoned decision.