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192 PRACTITIONERS GUIDE No. 12<br />

<br />

<br />

<br />

<br />

<br />

Making offensive comments about the victim on the<br />

internet;<br />

Sharing intimate pho<strong>to</strong>graphs or video footage without<br />

permission;<br />

Loitering/waiting by the victim’s home, school or<br />

workplace;<br />

Following the victim around; and<br />

Interfering with or damaging the victim’s property.<br />

Stalking can sometimes last a number of years. 514 It is often<br />

combined with other forms of violence, for example, sexual<br />

violence and domestic violence.<br />

Sexual harassment<br />

The Istanbul Convention defines sexual harassment as<br />

unwanted behaviour that has the purpose or effect of:<br />

<br />

<br />

Violating a person’s dignity; or<br />

Creating for that person an intimidating, hostile,<br />

degrading, humiliating or offensive environment. 515<br />

Under the Istanbul Convention, sexual harassment must be<br />

made “subject <strong>to</strong> criminal or other legal sanction.” 516 Other<br />

forms of harassment, such as those related <strong>to</strong> the victim’s race,<br />

sexual orientation and age, are also the subject of legal<br />

sanction in many jurisdictions, for example in the context of<br />

labour law. 517 Although sexual harassment law has been<br />

traditionally associated with labour-related offences, States<br />

have over time recognized the harms caused by analogous<br />

behaviour in a variety of situations, resulting legislation in<br />

514<br />

European Agency for Fundamental Rights Report, above note 508,<br />

page 93.<br />

515<br />

Istanbul Convention, above note 509, Article 40.<br />

516<br />

Ibid, Article 40.<br />

517<br />

See, for example, Equality and Human Rights Commission of<br />

England and Wales, “Avoiding and dealing with harassment”, URL:<br />

http://www.equalityhumanrights.com/yourrights/employment/equality-work/managing-workers/avoiding-anddealing-harassment.

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