De zorgplicht van scholen : de grondslag en reikwijdte van de civielrechtelijke zorgvuldigheidsnorm van scholen jegens leerlingen

Abstract

Dutch schools have a duty of care to their pupils. Breaches of this duty of care may result in a school being liable if a pupil suffers harm as a consequence. This duty of care is the focus of this book, which aims to offer academics and professionals insight, guidance and tools to achieve more clarity on the scope of the duty of care and its desirable uniform assessment. This may enable schools to take preventive measures and adapt their policies and behaviour. It may also contribute to consistency in legal practice in relation to the legal assessment of that duty of care. After a brief description of the law of education and the historical background of the school’s duty of care in Chapters 2 and 3, Chapter 4 presents a general description of the duty of care of schools, in an attempt to determine the legal basis and basic principles. Thereafter, a concrete analysis is presented for the following four categories: accidents (ongevallen; Chapter 5), physical education and sports practice (bewegingsonderwijs en sportbeoefening; Chapter 6), bullying, abuse and violence (pesten, misbruik en geweld; Chapter 7) and finally, the quality of education (kwaliteit van het onderwijs; Chapter 8).