A/HRC/44/51
Ensuring freedom from violence and harassment
43.
International standards recognize sexual harassment as a form of discrimination
against women and a violation of human rights. New challenges stemming from
technological change and continued globalization make it more urgent than ever to ensure
women’s safety at work. In this respect, the adoption in 2019 of the ILO Violence and
Harassment Convention, 2019 (No. 190), marks a significant advancement towards creating
a world of safe and decent work for all, with a particular focus on addressing women’s
experiences of violence and harassment. Discrimination based on other factors, such as
pregnancy, age, race, social origin, migration status, disability, maternity, family
responsibilities, sexual orientation and gender identity, may also influence how, and in what
ways, women are more vulnerable to violence and harassment. Furthermore, the
criminalization of women in prostitution or sex work increases their vulnerability to
violence and compounds their exclusion from essential services.
44.
There are a growing number of laws addressing sexual harassment, but they are
often limited in their coverage and application. Women do not report sexual harassment for
many reasons, including fear of reprisal, or concern that the matter will be dealt with
ineffectively at best or, at worst, ignored or covered up. This has resulted in a culture of
impunity for perpetrators. As the world of work changes, it is critical that women in nonstandard forms of work and informal work are covered under legislation addressing sexual
harassment and other forms of violence in the workplace, and that all women workers have
access to remedies and justice should they experience sexual harassment, regardless of their
contract type. Regulatory frameworks should ensure employers have an obligation to take
all measures to prevent and respond to sexual harassment, in line with international
standards. In the context of increased fissuring of the workplace and subcontracting, there is
a need to strengthen action and accountability for sexual harassment across global supply
chains. New and emerging forms of ICT-facilitated violence and harassment against
women in the workplace also requires regulation and accountability measures (see
A/HRC/38/47).
45.
A significant innovation of the ILO Violence and Harassment Convention, 2019
(No. 190), is its recognition that both employers and workers’ organizations have a role to
play in responding to domestic violence as another form of violence impacting women in
the workplace. This is an important shift in perspective, as domestic violence has
historically been viewed as a private matter that impacts people in their homes rather than
at work. The Convention provides that workers who are experiencing domestic violence
have a right to support and protection in employment, that they should not be discriminated
against on the basis of being a victim of domestic violence and that employers should
provide flexible work, protection and leave for victims of domestic violence. Paid domestic
violence leave is emerging as a promising practice among a number of Governments and
employers. However, as an increasing number of women work in the gig economy and
outside formal workplace arrangements, they are increasingly dislocated from such
workplace support. Furthermore, with technological advances, new forms of technologyfacilitated abuse, for example monitoring and tracking women through their devices, affects
women’s capacity to work and their experience of work.
Box 2
Promising practices
Addressing sexual harassment in global supply chains
Through the investment of global clothing brands, some garment factories in South
Asia have conducted training on the prevention of violence and harassment against women
and men and have established workplace harassment committees. Consequently, there has
been a decrease in the number of workers who report having experienced verbal
harassment, psychological abuse and physical abuse, and an increase in the number of
reports of sexual abuse, attributed to an increased willingness to discuss sexual abuse and
growing trust in the process.
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