Prevention of sexual harassment
Introduction
Sexual harassment and because of sex in the workplace, it is a problem that stalks organizations, but for recently actions or measures have been carried out to prevent, detect or act in the face of an assumption of sexual harassment. Due to its nature of labor risk, specifically psychosocial risk, which can even become a physicist. The most effective method or procedure for the eradication of sexual harassment will be prevention, to achieve real and effective equality between men and women.
Developing
The present end of degree work is intended to carry out a deep analysis of LO 3/2007, of March 22, for the effective equality of women and men, and as well as the rest of the relevant legislation. Another point in which it is intended to study is the effectiveness of the measures and actions taken within organizations, both public and private and their tools;As are the protocols for employees who suffer sexual harassment. A comparative analysis where differences or similarities are deepened, or common points between both organizations. And finally, an improvement proposal, where recommendations will be made to work on the prevention of sexual harassment.
Objectives
With the present investigation it is intended:
- Information and knowledge of sexual harassment at work.
- Perform an exhaustive analysis of the regulations, actions and tools that are used.
- Critical research of organizations in the private and public sphere.
- Encourage and give visibility to the prevention of sexual harassment at work.
- Improvement proposal to avoid or prevent sexual harassment in the workplace.
Methodology
The methods used for the foundation of the project have been the Spanish jurisdiction and international legislation, both make a legislative basis for investigation support. For the understanding of the situation in the Spanish territory, journalistic documentation has been used, supporting real cases of sexual harassment in the workplace. As well as the influence or relationship of values, customs and culture in sexual harassment. Finally, in the regulations prepared by the productive sectors or companies. All this includes a thorough study for the compression of what situation is Spain, regarding the prevention of sexual harassment.
Normative
The International Labor Organization (ILO) has played throughout history a fundamental role in international normative regulation in gender equality. As a starting point we can focus on the 1975 International Conference, it was the first World Conference on Women, in which equal treatment were treated, thus modifying the working conditions of women. In the same year in Spain the first days for the liberation of women occur.
As origins of the aforementioned conference we can highlight the United Nations Charter;which was the first international text in which equality is recognized, and later, in the Universal Declaration of Human Rights. The last document written by the ILO in reference to this issue, is Agreement 190, which enters into force in 2020. The main objective of this Agreement is prevention and elimination of harassment and violence in the workplace. The countries that ratify this agreement must adopt legislation and policies that guarantee the right to equality and non -discrimination in employment and occupation, including workers, as well as workers and other persons belonging to one or several vulnerable groups, or to groups of vulnerability that are disproportionately affected by violence and harassment in the world of work.
In Spanish legislation, it establishes that it is up to the public authorities to promote the conditions for the freedom and equality of the individual and the groups to be integrated by being real and effective. The Spanish Constitution as a supreme norm par excellence, includes sexual harassment and by gender different articles. The rights of freedom and equality are emphasized in article 14 of CE, art.18.1 ce the right to honor, to one’s image and intimacy, as well as the right to equality and non -discrimination by gender reason article 10.1 CE and to non -discrimination due to gender in labor relations, art.35.1 CE: All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to the promotion through work and sufficient remuneration to meet their needs and those of their family, without in that inNo case can be discrimination due to sex. The Workers’ Statute also includes the rights previously but transcribed to the workplace.
In Law 31/1995, on Occupational Risk Prevention again sends that duty of public administrations, that the principle of equality between both sexes is effective. With the objective of detecting and preventing possible situations in which the damages derived from work may appear linked to the sex of workers.
Sexual harassment and by gender
Sexual harassment is considered “any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attempting against the dignity of a person, in particular when an intimidating, degrading or offensive environment is created ‘art 7 of the3/2007 for the effective equality of women and men. As in Directive 2002/73/CE it defines it as a “situation in which an unwanted behavior related to the sex of a person with the purpose or effect of attempting against the dignity of the person and of creating aintimidating, hostile, degrading, humiliating and offensive environment.
Both definitions have similarities, they conclude that it is an unwanted behavior that attacks the dignity of the person, whether a man or woman. Sexual harassment does not have to be repeatedly repeated in time, it is enough with a single behavior that violates the dignity and integrity of a subject. The first one is not denounced for confidence that it will not be repeated again, but when it is repeated on more than one occasion, the communication or not of the facts is raised.
If you focus on gender reason, it constitutes harassment by reason of sex any behavior made based on the sex of a person, with the purpose or effect of attempting against their dignity and creating an intimidating, degrading or offensive environment. (3/2007 for the effective equality of women and men). Sue Wise and Liz Stalney in 1992 determine that sexual harassment is unwanted and not sought, by a man, in feelings, thoughts, behaviors, space, time, energies and body of a woman, in this definition there is aDistinction of the female gender. A justification for this definition will be certainly related to the reality of the time, in which the male has a more dominant role and homosexuality remains a social stigma.
As a consequence the sexual harassment where, stalker and harassed they have the pampering, specifically masculine, the number is scarce or almost null, due to that repulsion of homosexuality as a sin, . Another assumption that was scarce, was in which the woman is the stalker, because of the patriarchal society that still continued. Hence, Wise and Stalney conclude the male as a stalker and the woman as the victim, since the figures are very high in relation to the aforementioned events.
According to the NTP 507 sexual harassment at work, there are two types of harassment:
- QUIP PRO QOU.
- Hostile work environment: when a harassment or humiliating work environment is created for the harassed.
Sexual harassment has the particular characteristic, originates mostly in the relations of putting, that is, those subjects who have authority in the work environment subordinate the subordinate 899999999999. The genre is again a reason for discrimination, the male sex occupies in greater number of jobs with power, authority or responsibilities, therefore, we can define that those who suffer to a greater extent sexual harassment in the work environment are the female sex. In Spain, 14.5 % of the workers have suffered sexual harassment, they are very alarming data, of that percentage an 18.3 were women. The services sector has the highest sexual harassment rates, the analysis by Stewart on sexual violence states that between 13% -14% suffer sexual harassment.
This reflection is corroborated with the data obtained by the Confederal Secretariat of the Woman of the Trade Union Confederation of Workers’ Commissions, in which both sexes were asked, if they had suffered sexual harassment in the work environment. The affirmative answer shows the following results, 6.6% of women and only 2% of men. Another particularities of sexual harassment, as in workplace harassment, there is an active subject (stalker) and a passive subject, the harassed. One of the consequences that this abuse of power entails in relation to sexual harassment is that the situation is not denounced for fear of reprisals, and even the loss of employment.
The complaint of sexual harassment may take 3 forms of action, it will be the victim who decides that via or roads
- Organization management.
- Labor procedural route Law 1/2000, of January 7, on civil prosecution (article 11 bis) regarding legitimation for the defense of the right to equal treatment between women and men. And the Royal Legislative Decree 2/1995, of April 7, which approves the consolidated text of the Labor Procedure Law.
- Criminal Procedure in Organic Law 10/1995, of November 23, of the Criminal Code, Art. 184, it indicates the penalties of the stalker that will be based on the situation and facts committed.
As well as Royal Legislative Decree 5/2000, of August 4, which approves the consolidated text of the Law on Infractions and Sanctions in the Social Order, article 8, in which very serious infractions are collected, thereforeConsider as such. This can be a reason for disciplinary dismissal.
Sexual harassment and prevention detection.
In most cases there is no perception that he is being a victim of sexual harassment, for example, in mild cases, as with jokes, jokes, compliments or comments, this is called the perceptual gap. In addition, not only does the victim’s perception intervene but also from society, that is, their co -workers can show the victim that these behaviors are not harassment, but a mere exaggeration, it is a serious mistake. It is shown that the ascoso has a progressive degree, in other words, I will evolve.
The harassed usually faces these behaviors alone and even hide them, support can make the victim see the reality of the situation and change their minds and encourage it to denounce. Another obstacle that opposes the complaint is the difficulty of proveing the facts, by obtaining evidence, so difficulty protecting harassment demands in court.
The Occupational Risk Prevention Law does not regulate or collect what type of behaviors called sexual harassment, or the actions that have to be carried out. Although in article 2.1 of LPRL establishes that what this law intends is to promote the safety and health of workers. However, harassment normally derives from health problems, such as depression, stress, stomach problems, skeletal muscle problems, … etc. All of them are a clear exemplification of the health violation of a worker, for that reason the organization must intervene in the prevention of the risk of sexual harassment or elimination if it is already being suffered through preventive measures.
Collective agreements and collective bargaining
Collective bargaining can be very useful as an instrument for equality that the 3/2007, March 22, for the effective equality of women and men, can be very useful. The labor authority ensures the principle of equality in the agreements, not fulfilling these obligations is a sanctioning. To achieve such equality between the two sexes, we must start from the roots of the problem, that is, the undervaluation of female work and sexism (discrimination of people for gender reasons), these behaviors come from patriarchal society, in which themale, is in a superior and dominant situation regarding female sex.
However, although it is true that great advances have been made to eliminate such inequality, the reality corresponds is another, society lives a traffic jam, in which society does not reach a continuous evolution for the total elimination of any discrimination, and even evenI could talk about a setback. Although the sexism and undervaluation of female work are commented as roots of the harassment of harassment, underly. With how special mention for the connection between sexual harass.
The sum of the problem causes the government to activate a measure for the equalization of sexes, the Royal Decree Law 6/2019.Companies are forced to prepare and application of equality plans when it has 50 or more workers, in the event that the number is lower will be voluntary. Failure to comply with this article will be punished as it dictates the plain art 77. Equality plans are a set of actions with the objective of effective equality between the sexes, these must be evaluated and the valuation, with the legal representation of the workers. Among one of the subjects that this plan is about, is the prevention of sexual harassment and by gender.
Conclusions
Collective agreements as an agreement resulting from negotiation between workers and businessmen, have legislation. They will regulate all that affects employment conditions and therefore, also in the field of labor relations. At the time of negotiation to include as a section of the collective agreement sexual or gender harassaction to carry out.
The action protocol in case of sexual harassment or by reason of sex, is located as another section of the agreement of the company in question. Next, reference will be made to two action protocols, but addressing two perspectives, the University of Granada, public entity, and the other assumption to analyze, the IVECCO case, private organization.
The Granada University establishes an action protocol in case of sexual harassment in which the behaviors considered as sexual harassment in section 4 are detailed in section in section 4.4 b. But it generally establishes primary, secondary and tertiary prevention for any type of harass. But the question is really effective this protocol, we can analyze it from the case in 2019 with a pedagogy student of the University of Granada.
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