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Can a school administration discipline students who harass other students on their way home?

March 14, 2025

Administrative Law

The school management generally has the option to discipline students for their misconduct, even if this misconduct occurs outside of school premises. This generally arises from their educational and supervisory duties. However, the specific factual context and proportionality are important.

Article 11 paragraph 1 of the Federal Constitution states that children and adolescents are entitled to special protection of their integrity and to the promotion of their development (Art. 11 Abs. 1 BV). This could provide a basis for intervening even outside of class if there are serious harassment cases that endanger their integrity.

Furthermore, Article 62 of the Federal Constitution contains general instructions regarding the responsibilities of the cantons in education. It is particularly important to highlight the role of the school in ensuring not only the transmission of knowledge but also education (Art. 62 Abs. 2 BV). It is justified in the public interest and within the framework of school supervision to act against serious misconduct to protect the development of students.

However, disciplinary measures must be proportionate and justified by a public interest or the protection of the fundamental rights of third parties (Art. 36 Abs. 2 and 3 BV).

If the harassment on the way home is concrete and severe, and there is a direct connection with school operations, this can justify a disciplinary measure, taking into account proportionality and legal grounds.

In summary:

1. The school management could discipline students if their misconduct is serious and has a clear connection to school operations.

2. The measures must be proportionate and justified according to Art. 36 Abs. 2 and 3 BV.

3. The protection of the physical and mental integrity of adolescents according to Art. 11 Abs. 1 BV is a fundamental consideration.

If difficulties arise with individual students regarding their behavior that cannot be resolved, the school has the option to take appropriate disciplinary measures (zh.ch/de/bildung/schulen/volksschule/rechte-und-pflichten-der-eltern/volksschule-disziplinarmassnahmen.html 1).

Sources

Federal Constitution of the Swiss Confederation of April 18, 1999 > 2. Title: Fundamental Rights, Civil Rights and Social Goals > 1. Chapter: Fundamental Rights > Protection of Children and Youth

Art. 11 Para. 1 BV

1 Children and young people have the right to special protection of their integrity and to the promotion of their development.

Art. 11 Para. 2 BV

2 They exercise their rights within the scope of their ability to judge.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 2. Title: Fundamental Rights, Civil Rights and Social Goals > 1. Chapter: Fundamental Rights > Protection of Children and Youth

Art. 11 Para. 1 BV

1 Children and young people have the right to special protection of their integrity and to the promotion of their development.

Art. 11 Para. 2 BV

2 They exercise their rights within the scope of their ability to judge.

Federal Constitution of the Swiss Confederation of April 18, 1999 > 3. Title: Federation, Cantons, and Municipalities > 2. Chapter: Responsibilities > 3. Section: Education, Research, and Culture > School System*

Art. 62 para. 1 BV

1 The cantons are responsible for the school system.

Art. 62 para. 2 BV

2 They ensure adequate primary education that is open to all children. Primary education is compulsory and subject to state management or supervision. At public schools, it is free of charge.

Art. 62 para. 3 BV

3 The cantons ensure sufficient special education for all disabled children and young people until the age of 20 is completed.

Art. 62 para. 4 BV

4 If no harmonization of the school system regarding the school starting age, compulsory education, duration and objectives of educational stages, and their transitions, as well as the recognition of qualifications is achieved through coordination, the Federation shall issue the necessary regulations.

Art. 62 para. 5 BV

5 The Federation regulates the start of the school year.

Art. 62 para. 6 BV

6 In the preparation of federal decrees concerning the responsibilities of the cantons, the participation of the cantons is of particular importance.