Improvement of the subject structure of sexual harassments towards women in the field of work

Autor: A. Riamzina
Rok vydání: 2022
Zdroj: Uzhhorod National University Herald. Series: Law. 2:179-183
ISSN: 2664-6153
2307-3322
DOI: 10.24144/2307-3322.2022.72.62
Popis: The article traces the history of the origin of the term «sexual harassment». The high prevalence of sexual harassment of women at work is pointed out; as an example, the results of the 2019 survey. It was investigated that there is no article in the Criminal Code of Ukraine that would clearly define what sexual harassment is, accordingly there is no punishment for it, in particular, there is no rule governing liability for sexual harassment in the workplace. The article mentions the need to criminalize sexual harassment in the field of labor with the definition of liability of varying severity depending on the method of sexual harassment. In addition, it points to the need to improve the definition of «sexual harassment» given in para. 6 h. 1 st. 1 of the Law of Ukraine «On Ensuring Equal Rights and Opportunities for Women and Men», removing from it an indication of persons who are in a relationship of labor, service, material or other subordination, replacing the wording «people who are in employment, service, material or other subordination» to «people who are in labor, official, labor relations», thereby adding to the subjective composition of sexual harassment in the work of employees, as well as other persons related to the victim’s employment (contractors, customers, etc.). In addition, it was concluded that criminalizing sexual harassment should differentiate responsibility depending on the subject of the crime – whether the superior of the victim or another person who is in a working relationship with the victim, but is not with the victim in a relationship of power and accordingly to establish the strengthened responsibility of the head in comparison with other subjects of a crime. The need to implement measures to prevent sexual harassment of women in the workplace in order to eradicate this phenomenon in Ukrainian society. The United Nations Development Program is cited as an example. The article outlines possible measures to prevent sexual harassment of women at work.
Databáze: OpenAIRE
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