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s or victims of sexual harassment however most claims of sexual harassment are made by women 199 there are many similarities and also important differences in laws and definitions used around the world africa edit egypt edit sexual harassment is rife in egypt a 2013 study from the united nations showed that 99 3 percent of egyptian women have suffered some form of sexual harassment authorities punish women when they do speak out 200 201 202 morocco edit in 2016 a stricter law proscribing sexual harassment was proposed in morocco specifying fines and a possible jail sentence of up to 6 months 203 the existing law against harassment was reported not to be upheld as harassment was not reported to police by victims and even when reported was not investigated by police or prosecuted by the courts 203 204 on 1 june 2023 a moroccan court sentenced a 32 year old man to two years in prison for sexually harassing and forcibly kissing a woman inside a church 205 australia edit the sex discrimination act 1984 defines sexual harassment as a person sexually harasses another person the person harassed if a the person makes an unwelcome sexual advance or an unwelcome request for sexual favours to the person harassed or b engages in other unwelcome conduct of a sexual nature in relation to the person harassed in circumstances in which a reasonable person having regard to all the circumstances would have anticipated the possibility that the person harassed would be offended humiliated or intimidated 206 europe edit in the european union there is a directive on sexual harassment the directive 2002 73 ec equal treatment of 23 september 2002 amending council directive 76 207 eec on the implementation of the principle of equal treatment for men and women as regards access to employment vocational training and promotion and working conditions states 190 for the purposes of this directive the following definitions shall apply sexual harassment where any form of unwanted verbal non verbal or physical conduct of a sexual nature occurs with the purpose or effect of violating the dignity of a person in particular when creating an intimidating hostile degrading humiliating or offensive environment harassment and sexual harassment within the meaning of this directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited the convention on preventing and combating violence against women and domestic violence also addresses the issue of sexual harassment article 40 using a similar definition 207 denmark edit sexual harassment is defined as any verbal non verbal or physical action used to change a victim s sexual status against the will of the victim it results in the victim feeling inferior or having their dignity hurt men and women are looked upon as equal and any action trying to change the balance in status with the differences in sex as a tool is also sexual harassment in the workplace jokes remarks etc are considered discriminatory only if the employer has stated so in their written policy law number 1385 of 21 december 2005 regulates this area 208 209 france edit in france both the criminal code and the labor code are relevant to sexual harassment until 4 may 2012 article 222 33 of the french criminal code described sexual harassment as the fact of harassing anyone in order to obtain favors of a sexual nature 210 since 2002 the law has recognized the possibility of sexual harassment between co workers and not only by supervisors on 4 may 2012 the supreme court of france quashed the definition of the criminal code as being too vague 211 the 2012 decision resulted from a law on priority preliminary rulings on the issue of constitutionality as a consequence of this decision all pending procedures before criminal courts were canceled several feminist ngos such as afvt criticized this decision president françois hollande the minister of justice christiane taubira and the minister of equality najat belkacem asked that a new law be voted on rapidly as a result loi n 2012 954 du 6 août 2012 was voted in providing a new definition 212 213 in addition to criminal provisions the french labor code also prohibits sexual harassment 214 the legislator voted a law in 2008 215 that copied the 2002 73 ec directive 216 217 definition without modifying the french labour code according to abigail c saguy in her book what is sexual harassment from capitol hill to the sorbonne according to french penal law sexual harassment is also different from rape and sexual assault in that it does not involve physical contact rather with sexual harassment economic dependence and official authority alone are used to pressure a person into having sexual relations pg 24 germany edit at the tavern by johann michael neder 1833 germanisches nationalmuseum in june 2016 the governing coalition decided on the key points of a tightening of the law governing sexual offenses sexualstrafrecht literally law on the punishment of sexual delicts on 7 july 2016 the bundestag passed the resolution 218 and by fall of that year the draft bill will be presented to the second chamber the bundesrat 219 by this change sexual harassment shall become punishable under the sexualstrafrecht 220 now sexual harassment is punishable by law according to 184i of the law governing sexual offenses the law only states unwanted physical contact as sexual harassment but has been extended in 2020 to include cybergrooming as well 221 greece edit in response to the eu directive 2002 73 ec greece enacted law 3488 2006 o g a 191 222 the law specifies that sexual harassment is a form of gender based discrimination in the workplace victims also have the right to compensation 223 before this law the policy on sexual harassment in greece was very weak no law defined sexual harassment and victims could only use general laws which were very poor in addressing the issue 224 225 russia edit as of 2023 there is no formal law in russia that prohibits or criminalizes repeated sexual harassment or any sexual advancements that result in women or men losing their jobs or any other adverse effects that can be proven in a court of law per articles 132 133 of the criminal code of russian federation cc rf only criminal sexual conduct is outlawed including all non consensual sex between individuals rape sex with underage etc per article 133 formerly article 118 of the cc rf 1990 various forms of extortion and coercion are also criminalized 226 according to a 1997 moscow center for gender studies study in practically all cases authorities did not investigate or enforce these articles 226 in 2008 the daily telegraph quoted a survey in which 100 percent of female professionals in russia said they had been subjected to sexual harassment by their bosses 32 percent said they had had intercourse with them at least once and another seven percent claimed to have been raped 227 better source needed switzerland edit a ban on discrimination was included in the federal constitution article 4 paragraph 2 of the old federal constitution in 1981 and adopted in article 8 paragraph 2 of the revised constitution the ban on sexual harassment in the workplace forms part of the federal act on gender equality gea of 24 march 1995 which includes several provisions prohibiting discrimination in employment and is intended to promote equality article 4 of the gea defines the circumstances article 5 sets out legal rights and article 10 protects against dismissal during the complaints procedure 228 article 328 paragraph 1 of the code of obligations or article 198 2 of the penal code stgb and article 6 paragraph 1 of the employment act arg contain further statutory provisions on the ban on sexual harassment the ban on sexual harassment is intended exclusively for employers within the scope of their responsibility for protecting legal personality mental and physical well being and health citation needed article 4 of the gea of 1995 discusses the topic of sexual harassment in the workplace any harassing behaviour of a sexual nature or other behaviour related to the person s sex that adversely affects the dignity of women or men in the workplace is discriminatory such behaviour includes in particular threats the promise of advantages the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature 228 united kingdom edit the discrimination act of 1975 was amended in 1986 to establish sexual harassment as a form of discrimination 229 it states that harassment occurs where there is unwanted conduct on the ground of a person s sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person s dignity or of creating an intimidating hostile degrading humiliating or offensive environment for them if an employer treats someone less favorably because they have rejected or submitted to either form of harassment described above this is also harassment 230 in march 2021 a study by un women uk found that 97 of young women aged 18 24 have experienced some sexual harassment 231 sexual harassment is also now considered discrimination under the equality act 2010 the equality act 2010 consolidated over 116 separate pieces of legislation into a single act that protects citizens rights and promotes equality for all 232 the new law strengthened the protection of individuals from discrimination in some areas it is designed to protect individuals from discrimination based on age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex and sexual orientation it covers a wide range of areas including employment education housing public accommodations and the provision of goods and services under the equality act 2010 it is unlawful to discriminate against someone based on any of these protected characteristics this includes direct discrimination indirect discrimination harassment and victimization the act also imposes a duty on public authorities such as local councils and government departments to consider the impact of their policies and decisions on people with protected characteristics and to take steps to promote equality of opportunity and eliminate discrimination 233 although the 2010 equality act is in place many are pushing the uk government to put even more policies in place to stop sexual harassment in the workplace one group in particular this is not working acts because according to recent surveys done by the women and equalities committee workplace sexual harassment is still very prevalent even with the current legislation the movement pushes for even more employers to take responsibility and proactively prevent sexual harassment 234 asia edit china edit in china the 2005 law for the protection of women s rights and interests of the people s republic of china states sexual harassment against women is prohibited 235 although the law does not explicitly define what sexual harassment is 236 sexual harassment is still pervasive within chinese culture a 2018 survey of female journalists revealed that 80 had experienced unwanted behavior 237 and an online survey of college students from all 34 provinces the same year revealed that 75 of female students and 35 of male students had experienced sexual harassment 238 lebanon edit as of 2020 it is estimated that one in four women in lebanon have been subjected to some form of unsolicited sexual advance ranging from verbal to physical 239 on 21 december 2020 the lebanese parliament passed a law criminalizing sexual harassment 239 there was no national legislation to directly criminalize sexual harassment before this with draft laws being proposed several times without effect 239 india edit further information sexism in india eve teasing and the sexual harassment of women at workplace prevention prohibition and redressal act 2013 sexual harassment in india is termed eve teasing and is described as unwelcome sexual gesture or behavior whether directly or indirectly as sexually colored remarks physical contact and advances showing pornography a demand or request for sexual favours any other unwelcome physical verbal or non verbal conduct being sexual in nature or passing sexually offensive and unacceptable remarks the critical factor is the unwelcomeness of the behavior which makes the impact on the recipient more relevant than the perpetrator s intent 191 according to the indian constitution sexual harassment infringes the fundamental right of a woman to gender equality under article 14 and her right to life and live with dignity under article 21 240 in 1997 the supreme court of india in a public interest litigation defined sexual harassment at the workplace preventive measures and a redress mechanism the judgment is popularly known as vishaka judgment 241 in april 2013 india enacted its own law on sexual harassment in the workplace the sexual harassment of women at workplace prevention prohibition and redressal act 2013 almost 16 years after the supreme court s landmark guidelines on preventing sexual harassment in the workplace known as the vishaka guidelines the act has endorsed many of them it is a step towards codifying gender equality the act is intended to cover all women employees including those in the unorganized sector and domestic workers the indian law does not permit the victim or complainant to take assistance of a legal professional in the inquiry however in arti devi vs jawaharlal nehru university 242 the high court of delhi permitted the complainant to avail the services of a counsel as her defence assistant the act has identified sexual harassment as a violation of the fundamental rights of a woman to equality under articles 14 and 15 of the constitution of india and her right to life and to live with dignity under article 21 of the constitution as well as the right to practice any profession or to carry on any occupation trade or business which includes a right to a safe environment free from sexual harassment the act also states that protection against sexual harassment and the right to work with dignity are universally recognized human rights under international conventions and instruments such as the convention on the elimination of all forms of discrimination against women which the government of india ratified on 25 june 1993 243 circular reference the criminal law amendment act 2013 introduced changes to the indian penal code making sexual harassment an express offense under section 354a punishable with imprisonment for up to 3 years and or a fine the amendment also introduced new sections making acts like disrobing a woman without consent stalking and sexual acts by a person in authority an offense israel edit the 1998 israeli sexual harassment law interprets sexual harassment broadly it prohibits the behavior as a discriminatory practice a restriction of liberty an offense to human dignity a violation of every person s right to elementary respect and an in...
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