What is Sexual Harassment, Gender-Based Harassment, and Violence?
According to the law, it is the victim's perception that determines whether harassment has taken place, and there is no requirement of intent from the perpetrator. Harassment and violence can occur in the workplace during working hours, at social events and work-related gatherings, or outside of work, such as through social media or other digital platforms.
Sexual Harrassment
Any form of sexual behavior with the purpose or effect of violating the dignity of the victim, especially when it leads to threatening, hostile, degrading, humiliating, or intimidating situations. The behavior can be verbal, symbolic, and/or physical.
Main manifestations of Sexual Harassment:
Verbal harrassment
- Comments such as insults, teasing, sexually explicit language, whistling, moaning, etc.
- Sexual questions and inappropriate praise or criticism.
Symbolic harrassment
- Visual harassment such as posts on social media or in emails.
- Sexual gestures or unnecessary staring.
Physical harrassment
- Unwanted and inappropriate hugs and touches.
- Intrusion into personal space.
- Kisses, grabs, etc.
Gender-Based Harrassment
Behavior related to the victim's gender that aims or has the effect of violating the victim's dignity and creating situations that are threatening, hostile, degrading, humiliating, or offensive for the victim.
Main manifestations of gender-based harassment:
- Degrading comments related to the victim's gender.
- Mockery or jokes at the expense of a gender.
- Visual content that degrades one gender.
Violence
Any behavior that leads to, or could lead to, physical or psychological harm or suffering of the victim, including threats of violence, coercion, or arbitrary deprivation of liberty. Violence can also be gender-based.
Main manifestations of violence:
- Deprivation of liberty.
- Attempted sexual violence.
- Physical assaults, slapping.
- Rape.
Consequenses
The consequences of harassment and violence can be varied and severe. Victims often initially respond with denial, shame, and self-blame, and try to cope with the situation. The victim is not responsible for the perpetrator's behavior; the blame always lies with the perpetrator. Harassment and violence can also affect the victim's daily life and change their behavior, making them more guarded and avoiding certain situations.
The consequences manifest differently for different individuals. If the victim has experienced harassment or violence before, the consequences may be more severe. Some victims can cope on their own, while others may need professional, and even long-term, assistance.
Employer Responsibilities
Employers are obligated to ensure a safe and healthy work environment. Employers must respond promptly when notified or informed of harassment or violence, and when suspicion arises in other ways. Response plans and procedures should be in place at all workplaces. Immediate action must be taken to ensure the victim's safety. Cases should be investigated, and the victim and perpretrators should always be talked with separately.
Perpetrators can be suspended from work or placed on leave while the case is being investigated. Victims should never suffer repercussions for experiencing harassment and violence. When harassment or violence is confirmed, further action is required. Consequences for perpetrators may include warnings or dismissal.