Sexual harassment

The sexual harassment indicates the situations in which one or more individuals are subjected (in theory in a repeated way) to remarks or practices aiming at reducing them to their sexual identity without for all this these remarks or behaviors are in addition considered separately as of the offense S. the victims are generally employees subjected to “imaginations” of their colleagues or superiors.

It indicates also the requests of sexual favors to work under penalty of sanction.

France

Various countries like the France, recognize the sexual harassment like offenses repressed by the Labor regulation and the penal code:

when there are requests of sexual favors under penalty of sanction, it is repressed by defining the sexual harassment,
when it reached there with the sexual identity and thus with the dignity of the employee, it is repressed by defining moral harassing.

At the time of the businesses carried in front of a court or an examining magistrate, all the difficulty consists in for the plaintiff bringing a beam of pieces of evidence in a business of the type “neither seen nor known” which occurs without witness, elements relating to at the same time the reality of facts or words. It is there that is located the concrete legal problems because of absence of material element and the possibility of misunderstandings and bad interpretation of ambiguous remarks.

However, since 2003, the victim does not have to establish any more the reality of its absence of assent to these practices, the supposed harcelor must bring objective elements justifying its behavior.

A returned decision the May 23rd, 2007, by the Court of appeal, recognizes that the use of a SMS is likely to establish the reality of the facts, in fact, a message sent by the harcelor.

Japan

With the Japan, the women are particularly victims of Chikan, term used frequently with the Japan to appoint the authors of contacts on the women and the young girls in transport in commun runs. This phenomenon goes from discrete contacts in the crammed subways, until the Viol during the late hours of the night.

This phenomenon is unfortunately very widespread, several railway companies created cars reserved to the women besides to protect the momentary ones, those are accessible during the rush hours. Many guides announce this problem and advise highly with voyageuses not accompanied to remain on their guard. In 2004, one counted 2.201 cases of harassing to Tōkyō. The law is very firm and condemns these offenses of a fine of 50.000 yens is 420 euros. Certain coaches of the subway and the train with Tōkyō and in the Kansai from now on are prohibited to the men.

Greece

In accordance with a Directive of the European Union of 2002, Greece founds in June 2006 the offense of “sexual harassment” which envisages sorrows of six months imprisonment to three years as well as a fine of at least 1.000 euros. In the public sector, the sexual harassment could be followed disciplinary actions.

See too

The myth of the Right of cuissage

Contrary, the promotion settee where a woman, or a man, proposes her charms while hoping to climb in the hierarchy is not regarded as a punishable situation, since in this case there is a mutual assent.

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