Saturday, January 23, 2016

Sex Technalogy


The United Nations General Recommendation 19 to the Convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment of women to include:
such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.

While such conduct can be harassment of women by men, many laws around the world which prohibit sexual harassment recognize that both men and women may be harassers or victims of sexual harassment. However, most claims of sexual harassment are made by women.There are many similarities, and also important differences in laws and definitions used around the world.


Australia[edit]

Australia


Australia

Australia

Australia
The Sex Discrimination Act 1984 defines sexual harassment as "... unwanted conduct of a sexual nature, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated."
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Europe

In the Europe Union, there is a directive on sexual harassment. The Directive 2002/73/EC - equal treatment of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions states:
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For the purposes of this Directive, the following definitions shall apply: (...)
  • sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment
Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited.
The Convention on preventing and combating violence against women and domestic violence also addresses the issue of sexual harassment (Article 40), using a similar definition.

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Denmark

Sexual harassment is defined as, when any verbal, non-verbal or physical action is used to change a victim's sexual status against the will of the victim and resulting in the victim feeling inferior or hurting the victim's dignity. Man and woman are looked upon as equal, and any action trying to change the balance in status with the differences in sex as a tool, is also sexual harassment. In the workplace, jokes, remarks, etc., are only deemed discriminatory if the employer has stated so in their written policy. Law number 1385 of December 21, 2005 regulates this area.
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France

In France, both the Criminal Code and the Labor Code are relevant to the issue of sexual harassment. Until May 4, 2012, article 222-33 of the French Criminal Code described sexual harassment as "The fact of harassing anyone in order to obtain favors of a sexual nature".Since 2002, it recognized the possibility of sexual harassment between co-workers and not only by supervisors. On May 4, 2012,
. Conseil constitutionnel (French Supreme Court) quashed the definition of the criminal code as being too vague. The 2012 decision resulted from a law on priority preliminary rulings on the issue of constitutionality. As a consequence of this decision, all pending procedures before criminal courts were cancelled. Several feminist NGOs, such as AFVT, criticized this decision. President François Hollande, the Minister of Justice (Christine Taubira) and the Minister of Equality (Najat Belkacem) asked that a new law be voted rapidly. As a result, LOI n°2012-954 du 6 août 2012 was voted in, providing a new definition. In addition to criminal provisions, the French Labor code also prohibits sexual harassment.The legislator voted a law in 2008. That copied the 2002/73/EC Directive definition without modifying the French Labour Code.
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Germany

Sexual harassment is no statutory offence in Germany. In special cases it might be chargeable as "Insult" (with sexual context) as per § 185 Strafgesetzbuch but only if special circumstances show an insulting nature.
The victim has only a right to self-defend while the attack takes place. If a perpetrator kisses or gropes the victim, they may only fight back while this is happpening. If the victim would, for instance, slap back after the attacker already stopped, the victim might be chargeable for assault as per § 223 Strafgesetzbuch.
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Greece

In response to the EU Directive 2002/73/EC, Greece enacted Law 3488/2006 (O.G.A.'.191). The law specifies that sexual harassment is a form of gender-based discrimination in the workplace. Victims also have the right to compensation. Prior to this law, the policy on sexual harassment in Greece was very weak. Sexual harassment was not defined by any law, and victims could only use general laws, which were very poor in addressing the issue.
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Russia

In the Criminal Code, Russian Federation, (CC RF), there exists a law which prohibits utilization of an office position and material dependence for coercion of sexual interactions (Article 118, current CC RF). However, according to the Moscow Center for Gender Studies, in practice, the courts do not examine these issues.
The Daily Telegraph quotes a survey in which "100 per cent of female professionals [in Russia] said they had been subjected to sexual harassment by their bosses, 32 per cent said they had had intercourse with them at least once and another seven per cent claimed to have been raped.
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Switzerland

A ban on discrimination was included in the Federal Constitution (Article 4, Paragraph 2 of the old Federal Constitution) in 1981 and adopted in Article 8, paragraph 2 of the revised Constitution. The ban on sexual harassment in the workplace forms part of the Federal Act on Gender Equality (GEA) of 24 March 1995, where it is one of several provisions which prohibit discrimination in employment and which are intended to promote equality. Article 4 of the GEA defines the circumstances, Article 5 legal rights and Article 10 protection against dismissal during the complaints procedure. Article 328, paragraph 1 of the Code of Obligations (OR), Article 198 (2) of the Penal Code (StGB) and Article 6, paragraph 1 of the Employment Act (ArG) contain further statutory provisions on the ban on sexual harassment. The ban on sexual harassment is intended exclusively for employers, within the scope of their responsibility for protection of legal personality, mental and physical well-being and health.
.Article 4 of the GEA of 1995 defines sexual harassment in the workplace as follows: "Any behaviour of a sexual nature or other behaviour attributable to gender which affronts the human dignity of males and females in the workplace. This expressly includes threats, the promise of advantages, the application of coercion and the exercise of pressure to achieve an accommodation of a sexual nature.
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United Kingdom

The Discrimination Act of 1975, was modified to establish sexual harassment as a form of discrimination in 1986. It states that harassment occurs where there is unwanted conduct on the ground of a person's sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment.

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