Legal expert reveals expected punishment for teacher who assaulted disabled child

Jordan

Published: 2024-05-13 09:17

Last Updated: 2024-11-30 04:26


Legal expert reveals expected punishment for teacher who assaulted disabled child
Legal expert reveals expected punishment for teacher who assaulted disabled child

The aftermath of a teacher assaulting a disabled child at a disability center in Irbid continues to cast a shadow over Jordan's public sphere.

The shocking video, widely circulated on social media after Roya initially reported the incident, sparked outrage among the Jordanian public, demanding legal action against the assailant.

- Official Response to Investigate the Incident -

The Public Security Directorate, through its official spokesperson Amer Sartawi, earlier confirmed that the Juvenile and Family Protection Department had initiated an investigation with the teacher and referred the case to the judiciary. Meanwhile, the Director of Education in Irbid, Dr. Hamza Najadat, announced the formation of a committee to investigate the video of a teacher humiliating a disabled student.

Najadat affirmed that if the violation is proven, strict measures will be taken against the center and those responsible, explaining that testimonies will be taken from the students and their families at the center to ensure the center's compliance with the students' rights.

Furthermore, Dr. Mohannad Al-Azza, Secretary-General of the Higher Council for the Affairs of Persons with Disabilities, confirmed to Roya that a committee has been formed to prosecute the center's owner and shut down the center, indicating that the Public Prosecutor will be informed to complete legal proceedings against the center and its operators.

- What Punishment Awaits the Assailant and the Center? -

The swift and effective response by various government agencies following the video's circulation raised questions about the nature of charges that will be brought against the teacher who assaulted the child and the type of punishment after investigations are completed.

Regarding this matter, legal expert, Dr. Mustafa Al-Rawashdeh, explained that punishments in such cases vary in terms of the severity of harm.

Al-Rawashdeh told Roya that punishment could include imprisonment along with the closure of the center if negligence is proven.

He further clarified that punishments are stipulated in the Jordanian Penal Code based on the general rules provided for in cases of assault.

"The punishment varies according to the severity and duration of the harm. For minor assault, the sentence ranges from three months to three years," he said.

He added, "The law stipulates that hitting a person on the face or neck with sharp objects or any other means of attack is punishable by temporary hard labor for up to seven years, regardless of the duration of the harm. It could be a minimum of seven years if the attack involves throwing corrosive or caustic substances on a person's face or neck."

"The legislator increased the punishment to 20 years if the act results in the amputation or excision of a limb or the disabling or impairment of it or one of the senses, or if it causes severe disfigurement or any other permanent disability," he said.

In the case of a child who has been abused, and due to the absence of sharp tools and the fact that the abuse did not result in the amputation or excision of a limb or the disabling or impairment of it or one of the senses, or cause severe disfigurement or any other permanent disability, it is likely that the punishment will range from three months to three years.

- Protection of Persons with Disabilities in Jordan -

Al-Rawashdeh mentioned that Law No. 15 of 2017 on the Protection of Persons with Disabilities from Violence includes several acquired rights aimed primarily at protecting persons with disabilities, granting them their rights, and ensuring their full integration into society.

He said, "A person or a child with a disability is at risk in any situation that threatens the respect of their personal dignity, independence, and discrimination against them because of their disability."

This includes:

  • Their security, ethics, health, or life is at risk.
  • Imprisonment of persons with disabilities or isolation from society without legal basis or the refusal to provide them with medical, rehabilitative, social, or legal care.
  • Physical abuse or any other means of assault against disabled children in correctional, rehabilitation, or nurseries, or sexual assault, harm, threat, or exploitation.
  • Using therapeutic means or medical experiments that harm the person or child with disabilities without legal authorization.
  • The presence of children or persons with disabilities in classes in higher roles in public or private schools without providing the means and preparation for their special conditions.
  • Failure to provide necessary treatment for children with disabilities, and to provide necessary food and nutrition for mentally disabled children, especially in cases of malnutrition (diet).
  • Failure to provide spatial, security, and guidance arrangements for persons with disabilities in their workplaces, exposing them to violence, contempt, humiliation, or hatred, or inciting any of that.

- The Center Distances Itself from the Teacher's Actions -

The owner of the special education center in Irbid, where the assault took place, previously confirmed to Roya that the teacher's behavior was an individual and unprecedented act in the center.

Raed Al-Afghani, the center's owner, stated to Roya earlier on Thursday that the center's administration filed a complaint with the Public Prosecutor against the teacher, despite the child's family refusing to file a complaint against her. He explained that the teacher began working at the center a month ago, following a voluntary training period of six months.

He noted that the center's administration periodically monitors the surveillance cameras inside each classroom, but did not witness the moment of the child being slapped.

He added that the teacher promptly deleted the video without the center's knowledge after posting it on the center's Facebook account, without the center's knowledge.