Santo Domingo.- The Dominican Association of Teachers (ADP) submitted a series of observations on the new Penal Code to the Chamber of Deputies, warning that some provisions could lead to interpretations that affect the exercise of the duties of teachers, administrators, and counselors within the educational system.
The teachers’ union maintained that certain articles could criminalize disciplinary, pedagogical, corrective, or protective measures applied by educators to students with behavioral problems, which is why it proposed modifications to ensure a balance between the protection of children and adolescents and the responsibilities inherent to the teaching profession.
In a communication sent to the Lower House, via the Legislative General Secretariat, the ADP explained that its proposals respond to the need for clear criminal legislation that allows for a distinction between criminal conduct and legitimate actions carried out within the framework of teaching.
The organization, which represents the national teaching profession, stated that it recognizes the importance of strengthening the protection of minors and guaranteeing safe educational spaces, free from violence and rights violations.
“We value the need to strengthen the protection of our children and adolescents, as well as to guarantee safe educational spaces; however, any criminal reform must maintain a balance between the protection of society and respect for the rights and guarantees established in the Constitution,” stated the ADP in the letter signed by its president Eduardo Hidalgo and the union’s national legal consultant, John A. Bello.
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Among its main observations, the ADP referred to Article 121 of the Penal Code, related to harassment and intimidation or “bullying,” considering that terms such as “scaring” and “isolating” require greater precision to prevent disciplinary or pedagogical actions from being interpreted as criminal conduct.
The union proposed that it be established that disciplinary, pedagogical, corrective, or protective measures applied by teachers, administrators, or counselors objectively, reasonably, and in accordance with educational legislation do not constitute bullying, provided that they are not intended to humiliate, denigrate, harass, or cause physical or psychological harm to the student.
Likewise, the ADP presented observations on article 214, regarding the abandonment of children and adolescents, pointing out that the scope of concepts such as “abandonment” and “duty of supervision or care” must be defined with greater clarity.
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At that point, he proposed reviewing the equating of teachers with fathers, mothers, or guardians in aggravated sanctions, arguing that the teacher’s responsibility is temporary and limited to the exercise of their duties within the educational environment.
The organization also questioned the use of the term “pressure” in some provisions, considering that it may be broad and imprecise and generate legal uncertainty for educators. Therefore, it recommended replacing it with more specific concepts such as “severe, illegitimate, or abusive psychological pressure.”
The ADP indicated that its proposals do not seek to create privileges for teachers or reduce responsibilities for possible violations of the law, but rather to contribute to a clearer and more balanced criminal regulation that takes into account the particularities of the Dominican educational system.
