Broken Noses and Stabbings – Violent Incidents Raises Questions About the Legal and Institutional Accountability of Schools


Recent violent altercations at Cairo schools including Capital International School in the Fifth Settlement, New Cairo and another school in Dar El Salam have highlighted a critical issue concerning the legal framework governing student safety and institutional oversight in schools. In the first incident, a female student suffered serious physical and psychological injuries, including hair-pulling, a broken nose, and other harm, when she was allegedly attacked by her classmates on school premises, at a time when school employees were present.

In the second incident, a group of students allegedly attacked their fellow classmates and a teacher when they entered the school with knives and batons.

The inability of each school to prevent these incidents served to indicate failure in its supervisory responsibilities, prompting demands for accountability and reform.

Disciplinary actions:

In response to public outrage following the circulation of a video documenting the altercation on social media, the following measures were taken against the students involved:

  • Expulsion: The three students responsible for initiating the New Cairo assault were expelled, and their files were referred to the School Protection Committee for necessary legal action.
  • Disciplinary Penalties: Sanctions were imposed on students who filmed and disseminated the New Cairo incident, in accordance with the school’s student code of conduct.
  • Awareness Programs: Capital International School has promised to launch comprehensive initiatives to educate students about the consequences of violence and foster a culture of mutual respect within the school community.
  • Arrest: All of the students involved in the abovementioned incidents have been arrested, although the three students involved in the Capital International School incident were released on their own recognizance.

Legal implications under the Egyptian Civil Code

The school's role in this incident must be examined within the framework of Article No. 173 paragraphs No. 1,2 of the Egyptian Civil Law No. 131 of 1948, which states:

  • “Whoever has a legal or conventional duty to supervise another person needing such supervision, either because of his minority or his mental or physical status shall be liable in damages for the prejudice resulting to another from that person's unlawful act. This liability applies even if the wrongdoer has been undiscriminating.”
  • “The minor is deemed to be in need for supervision whenever he has not attained fifteen years old, or attained this age but is still under the custody of the one responsible for his education, the supervision of the minor is transferred to the tutor at school or the supervisor as regards the craft industry, whenever the minor is under the supervision of the tutor or the supervisor...”

This provision underscores the legal obligation of schools and teachers to safeguard students and prevent harm while they are under their supervision. Failure to fulfill this responsibility constitutes gross negligence and exposes the institution to legal liability.

Legal actions that can be taken against schools:

  • The Ministry of Education can conduct an official investigation to determine the extent of negligence by the school administration and staff.
  • Parents can file a legal complaint against the school based on Article 173 of the Egyptian Civil Code, demanding that the school compensate injured students and their families for the physical and psychological damages incurred.
  • The government may Impose significant financial penalties on the school as a disciplinary and deterrent measure.

Additionally, the assailants and the school supervisors responsible for monitoring the students at the time of the incident may be subject to criminal penalties, as stipulated in Article 244 of the Egyptian Penal Code, Law No. 58 of 1937: “Anyone who unintentionally and without deliberate intent causes injury to another, due to recklessness, lack of precaution, negligence, inattentiveness, or failure to adhere to regulations, shall be punished with imprisonment for a period not exceeding six months or a fine not exceeding ten Egyptian pounds.”

Conclusion

The recent events serve as a stark reminder of the critical role that educational institutions play in protecting their students. Beyond academic instruction, schools must ensure a safe environment that supports both the mental and physical well-being of students. Comprehensive reforms, legal adherence, and ethical accountability are essential steps to restoring trust and preventing such incidents from recurring.