Hence, the factual arguments in the appeal regarding the coach's conduct must be adopted.
- More to be adopted At the end of his hearing of Ran's heartbreaking testimony in the courtroom His claims regarding the severe impact of the coach's behavior on his mood, on his loss of motivation, on the harassment that this caused in a way that clouded his studies (even if grades were not presented and analyzed), as described in detail by his teacher, on the severe impact that should be discussed on his mood and private life. Incidentally, the club's claim - general and devoid of detail - should be rejected, lest there is another motive for Ran's desire to leave the club. Ran wants a professional framework in which he can study, train, be treated respectfully, and reach his full potential. All of this, according to him, he cannot accept when the coach and his methods are in place.
The way to examine the question of whether it is "unreasonable" for a teenager to train under the guidance of a humiliating coach
- The legislature determines: If it is "unreasonable" that the minor athlete will continue to train in his association, Will be released. The phrase "unreasonable" is, of course, a standard, a concept into which the judge must pour content. It has an "open embroidery", the kind of concept that the legislature uses to enable the courts to adapt them to different circumstances and changing times, according to the worldviews and standards prevailing at the time (Civil Appeal 6713/96 State of Israel v. Ben Asher, Piskei Din 52(1) 650, 679 (1998)). The interpretation of these terms "may change in a way that reflects the basic concepts and values prevailing in society from time to time. The era in which we live is different from the era that prevailed on the eve of the establishment of the State and in its early years."Civil Appeal 8622/07 Rotman v. Israel National Roads Company in a Tax Appeal [Published in Nevo] at paragraph 109 (May 14, 2012)).
- Perceptions regarding the way a minor is educated have certainly changed dramatically over the years. In the distant past, there was no need to be meticulous in the way of behavior towards minors, since they were considered only the property of the father, an attitude whose beginnings of change came only in England in the 18th century (for a review, see: Yaniv Boker, "A Conversation between a Judge and a Child" The Judges' Bulletin Appeal Shmuel Baruch z"l (January 2018)). As far as corporal punishment is concerned, there have also been changes towards the non-punitive approach, even in Jewish law (Aviad HaCohen: "The darkness of his tribe hates us? On the Prohibition of Violence in Education"This week's Torah portion 2004, issue 167). And in state law, while in its early days the Supreme Court did not consider the use of corporal punishment by parents invalid (Civil Appeal 319/54 D.G. v. H.G., Piskei Din 11 261 (1957)) and educators (Criminal Appeal 7/53 Rassi v. Attorney General of Israel, Piskei Din 7 790 (1953), as long as it is reasonable and moderate, this approach is no longer our domain (Criminal Appeal 4596/98 Anonymous v. State of Israel, IsrSC 55 (1) 145 (2000); Hereinafter: Matter Anonymous. For more information, see: Binyamin Shmueli "Upheaval after Revolution: Upheaval On the issue of beating children and students for the sake of their education following the constitutional revolution" The Campus of Law 8 5769 289).
- And what about humiliating a minor, scolding him, hurling harsh words at him, and shouting at him? However, it is possible that a rebuke is perceived as less powerful than a blow and even as a substitute for it. "Instead of reproaching one who understands the plagues of a foolish man, a hundred" (Proverbs 17:10). However, words, as we know, are also very powerful, and the injury to the soul can sometimes be severe and severe, and its consequences are prolonged and profound, no less than the injury to the body. Hence, we must examine the nature of those "rebukes." Of course, the coach must make comments to his trainees regarding their performance and suggestions regarding their improvement. On the professional level, he has authority, and without his guidance, it will be difficult for his students to improve. On the disciplinary level, his role is to ensure the proper conduct of the group, alongside the team manager, and here too his review may be required. However, as even the 16.5-year-old appellant knew how to say, there is criticism and there is criticism. The club's and the coach's own perception regarding the way to transfer The same "professional audit" (you defined it) It is necessary to examine now, in order to understand whether it should be said that it is reasonable to expect his pupils to receive it as it is.
On the place of humiliation in the education of minors in sports, and on the reasons of the club and the coach that it is reasonable
- The club argues, to sum it up: "The coach is measured according to the team's achievements and according to its professional ability. A coach whose team he coaches fails is liable to pay for it in his position." According to the club, this figure constitutes a permit for the coach to scold his players. He must spur them, rebuke them, and say "harsh things that are sometimes unpleasant," and even "harsh words," which, even if the player is hurt, do not establish grounds for release.
- The child should be called by his name. When a coach repeatedly shouts "Golem" at a player, he is humiliating him. When he stands at a negligible distance from any of them and shouts at him in the ears of his friends, he is humiliating him. When he curses him Shouting "son of a bitch" To the ears of the entire stadium attendant, he humiliates him. When he Continues to slap the player For many minutes, accusations were made, in the ears of his friends, that he had missed a goal - when the opportunity had already passed - was humiliating the player. Those rebukes, those "harsh words" and "harsh words," are no longer criticism, but humiliation for its own sake.
- The humiliation of athletes, and in particular the humiliation of underage athletes, is an existing phenomenon. According to the club, and it seems that the association as well, the phenomenon of humiliating boys who are educated in the associations does not exist, not here, perhaps not as a rule. However, the phenomenon certainly exists, and the case before us will illustrate. This is a well-known phenomenon, which requires awareness, attention and of course also thorough treatment by the clubs, and under the guidance of the "regulator", the Association. In England, as a prominent example, the poor treatment of athletes, and in particular underage footballers (both physical injuries, but also on the mental level) is a matter that public attention was directed to in the 1990s, and accordingly received comprehensive and serious treatment, inter alia as expressed in the establishment of the Child Protection in Sport Unit In 2001 (see: Celia Brackenridge, Child Welfare in Football (Routledge 2007) ). However, it is clear that the phenomenon of humiliating coaches, who are often abused by their trainees and insulted them, is a phenomenon that certainly still exists, and disturbs peace (see examples often in the book: Michael Calvin, No Hunger In Paradise (Century, 2017)).
Extensive academic writing reviews the phenomenon of humiliating coaches, especially towards minors, and teaches about the existence of the phenomenon, its origins and its implications. For example:
- Kerr & A. Stirling "Defining and categorizing emotional abuse in sport", European Journal of Sport Science, 8:4, 173-181 (2008)
- Kerr & A. Stirling "Abused athletes' perceptions of the coach-athlete relationship", Sport in Society, 12:2, 227-239 (2009);
- Gervis "From concept to model: A new theoretical framework to understanding the process of emotional abuse in elite child sport" in Elite Child Athlete Welfare: International Perspectives 60 (2010)
As for the land: the phenomenon certainly exists Here too.However, as is the case with many phenomena that are not dealt with on the criminal level, there is no They are treated at all, at least effectively. See, for example, the discussion in the Knesset's Committee on the Rights of the Child (Transcript No. 65 of March 21, 2018), in which the situation in which in the absence of training of coaches to guide children and youth, they find it difficult to do so, and how a coach of 12-year-olds can consequently degrade his young pupils (in one of the cases demonstrated, the child was nicknamed, among other things, "parasite", as opposed to the nickname "Golem" in our case). In principle, it has been found, it is necessary to legalize, Example The introduction of chapters regarding the education of minors in training courses for coaches, but efforts over the past 20 years to do so have not succeeded (ibid.). The lack of this training was also evident in the words of the coach in the hall, Yoar. The failure of coaches to serve as a positive model for their underage pupils was linked by the professionals to the many ailments related to the flawed behavior that is prevalent in the management of sports for minors in Israel, including the conduct of the minors themselves and their parents sometimes (ibid.), a significant but separate problem that will not be discussed here, of course.