Johanna Westeson - The ICHRP

and reactive) steps to protect the employees, where sexual harassment is known to have
happened on at least two occasions (Section 4, amending Section 6 of SDA).
Furthermore, the United Kingdom has a specific statute establishing criminal liability in
the case of harassment, sexual or otherwise, including the crime of putting people in fear of
violence and allowing for the court to issue restraining orders when a person’s conduct will
amount to harassment. 120
Finally, Employment Equality (Sexual Orientation) Regulations 2003 121
provision specifically covering harassment on grounds of sexual orientation:
includes a
For the purposes of these Regulations, a person ("A") subjects another person ("B") to
harassment where, on grounds of sexual orientation, A engages in unwanted conduct which
has the purpose or effect of - (a) violating B's dignity; or
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if,
having regard to all the circumstances, including in particular the perception of B, it should
reasonably be considered as having that effect. (Section 5)
In Croatia (a candidate country but not yet a member state of the EU), the Gender
Equality Law 116/2003 122 determines the general basis for the protection and promotion of
gender equality and protection against gender discrimination. Harassment and sexual
harassment are covered by this law, and are considered forms of gender discrimination,
linking the unwanted conduct to a violation of the personal dignity, creating an
“unpleasant, unfriendly, humiliating or insulting atmosphere” (Art 8). Similarly in 2003,
harassment and sexual harassment were introduced and banned in Croatian labor law with
the amendment of the Labour Act. 123 Both these laws made sexual orientation a prohibited
ground for discrimination, with the consequence that sexual harassment based on sexual
orientation is covered under the harassment provisions.
Article 30 of the Labour Act is named “The protection of workers’ dignity,” and contains a
long list of obligations conferred on the employer for the protection of the employees from
harassment or sexual harassment. When harassment takes place, this is understood to
violate “employment obligations.” Interestingly, when this occurs, under certain conditions
the victim has the right to cease working until he or she is offered protection, with
guaranteed full compensation. This provision merits close attention, with the caveat that it
remains unclear what actions the employer should take in order to prevent harassment and
sexual harassment in order to fulfill its obligations under the article. According to
commentaries, codes of conduct and provisions of collective agreements probably need to
be enacted on this issue to specify the duties of the employer. 124
Israel has a comprehensive sexual harassment law that differs slightly in perspective from
other such laws in the region. The Prevention of Sexual Harassment Law, 125 enacted by the
120 Protection from Harassment Act 1997, passed on 21 March, 1997.
121 Statutory Instrument 2003/1661, in force on 1 December 2003.
122 Published in the Official Gazette no. 116 on 22 July 2003, in effect on July 30th 2003. Official translation.
123 Consolidated text, published in the Official Gazette no. 137/2004. Unofficial translation.
124 Mario Vincovic, “Gender Equality and the process of harmonisation of the Croatian Labour Law,”
Croatian Yearbook of European Law and Policy, Vol. 1. No. 1. May 2005.
125 Prevention of Sexual Harassment Law, 5758 – 1998, SH 166, approved on 10 March 1998. Translation to
English appears to be official.
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