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Note from the Executive Board:

Dear Delegates

We extend a warm welcome to you all for the 7th edition of


SDMUN. It is imperative to understand that this event is
mainly concerned with three key areas: Research, Public
Speaking and General Awareness. We believe that our role
is not merely confined to serve as your evaluators but as
facilitators, the main goal for us will be to make this
committee a memorable one for you all. The purpose of this
document is to exclusively provide you an insight about the
agenda; it is not to be used substansively.
We hope that you look forward to this learning experience
with optimism and feel free to approach us through the
secretariat in case you need any help.

Regards
Executive Board
United Nations commission on the status of women

Agenda 1 :-Addressing the practice of gender selective abortion and future


consequences of gender imbalances in affected areas.

A. Introduction:
Over the past two decades, the health evidence, technologies and human rights rationale for
providing safe, comprehensive abortion care have evolved greatly. However, despite these advances, based
on 2008 data, WHO estimates that there are approximately 22 million unsafe abortions annually, resulting in
47 000 deaths and 5 million complications resulting in hospital admission .
Nearly all unsafe abortions (98%) occurred in low- and middle-income countries. One of the factors driving
unsafe abortion is the lack of safe abortion services, even where they are legal.
Restriction in access to safe abortion services results in both unsafe abortions and unwanted births. Almost
all deaths and morbidity from unsafe abortion occur in countries where abortion is severely restricted in law
and/or in practice. In countries where induced abortion is legally restricted and/or otherwise unavailable, safe
abortion has frequently become
the privilege of the rich, while poor women have little choice but to resort to unsafe providers. This results in
a large number of unnecessary deaths and morbidities, resulting in a social and financial burden for public
health systems.
Where there are few restrictions on access to safe abortion, deaths and illness are dramatically reduced .
To realise women’s human rights, and to save their lives and health, programmatic, legal and policy aspects
of the provision of safe abortion need to be adequately addressed.
This evidence brief highlights the inextricable link between women’s health and human rights and the need
for laws and policies that promote and protect both. It provides information on how laws, regulations and
policies should be geared to respect, protect and fulfil the human rights of women, to achieving positive
health outcomes for women, and to meeting the needs of women in particularly vulnerable situations,
including poor women, adolescents, rape survivors, refugees, women living with disabilities, and women
living with HIV.

B. Possible Legal Grounds for Abortions :


Whether abortion is legally restricted or not, the likelihood that a woman will have an abortion for
an unintended pregnancy is about the same. Legal restrictions on abortion do not result in fewer abortions,
nor do they result in significant increases in birth rates.
However, a lack of legal access to abortion services is likely to increase the number of women seeking illegal
and unsafe abortions, leading to increased morbidity and mortality.Legal restrictions lead many women to
seek services from unskilled providers or under unhygienic conditions, exposing them to a significant risk of
death or disability. Legal restrictions also lead many women to seek services in other countries/states , which
is costly, delays access and creates social inequities.
In a small number of countries, where maternal mortality is low despite restrictive abortion laws, many
women have access to safe or relatively safe abortion through neighbouring countries, domestically through
safe but illegal abortion care, or through self- use of misoprostol .
Abortion laws have been liberalized since the beginning of the 20th century, when the extent of the public
health problems caused by unsafe abortion began to be recognized . Since 1985, over 36 countries have
liberalized their abortion laws, while only a few countries have imposed further restrictions in their laws .
These reforms have come about through both judicial and legislative action; and/or through broader legal
interpretations and applications .
In some criminal and penal codes, abortion throughout pregnancy, or up to a set gestational
limit, is no longer subject to criminal regulation. In these situations, abortion services have usually been
integrated into the health system and are governed by the laws, regulations and medical standards that apply
to all health services.
• Fetal Disability:-Fifty per cent of countries allow abortion upon diagnosis of fetal impairment. Several
countries specify the kinds of impairment, such as those considered to be incompatible with life or
independent life, while others provide lists of impairments. In some countries, no reference is made in the
law to fetal impairment; rather, health protection or social reasons are interpreted to include distress of the
pregnant woman caused by the diagnosis of fetal impairment .Prenatal tests and other medical diagnostic
services cannot legally be refused because the woman may decide to terminate her pregnancy. A woman
is entitled to know the status of her pregnancy and to act on this information.

• Socio-Economic Circumstances:-Thirty-five per cent of countries allow abortion based on a woman’s


social and economic circumstances. In countries that permit abortion for economic and social reasons, the
legal grounds are interpreted by reference to whether continued pregnancy would affect the actual or
foreseeable circumstances of the woman, including her achievement of the highest attainable standard of
health.
• Endangerment to Women’s life or health:-Almost all countries (95%) allow abortion to be performed
to save the life of the pregnant woman.This is consistent with the human right to life, which requires
protection by law, including when pregnancy is life-threatening or the pregnant woman’s life is
otherwise endangered .Even where protecting a woman’s life is the only allowable reason for
abortion, it is essential that there are trained providers of abortion services, that services are
available and known, and that treatment for complications of unsafe abortion is widely available.
Saving a woman’s life might be necessary at any point in the pregnancy and, when required,
abortion should be undertaken as promptly as possible to minimise risks to a woman’s
health.Sixty-seven per cent of countries allow women to seek abortion to preserve their physical
health and 64% to preserve their mental health .Since all countries that are members of WHO
accept its constitutional description of health as “a state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity” (24:1 ), this is implied in the
interpretation of laws that allow abortion to protect women’s health.
• Pregnancy a consequence or
Rape or Incest:-The protection of
women from cruel, inhuman and
degrading treatment requires that
those who have become pregnant as
the result of coerced or forced
sexual acts can lawfully access safe
abortion services . Fifty-one per
cent of countries reflect this
standard and permit abortion in the
specific cases of rape and incest .
Some countries require as evidence
the woman’s report of the act to
legal authorities. Others require
forensic evidence of sexual
penetration or a police investigation
to confirm that intercourse was
involuntary or exploitative. Either
situation can lead women to resort
to clandestine, unsafe services to terminate their pregnancy.Prompt, safe abortion services should be
provided on the basis of a woman’s complaint, rather than requiring forensic evidence or police
examination . Administrative requirements should be minimised and clear protocols established for both
police and health-care providers, as this will facilitate referral and access to care.
• Other Reasons:-Thirty per cent of countries allow abortion upon request of the pregnant woman .
Allowing abortion on request has emerged as countries have recognised that women seek abortions on one
– and often more than one – of the above grounds, and they accept all of these as legitimate,
without requiring a specific reason. This legal ground recognises the conditions for a woman’s
free choice and that the ultimate decision on whether to continue or terminate her pregnancy
belongs to the woman alone.

C. Abortion Policies around the world:


In 2013, 97 per cent of Governments permitted abortion to save a woman’s life. Whereas in about
two thirds of countries in 2013, abortion was permitted when the physical or mental health of the
mother was endangered, and only in half of the countries when the pregnancy resulted from rape or
incest or in cases of foetal impairment. Only about one third of countries permitted abortion for
economic or social reasons or on request. Chile, the Dominican Republic, El Salvador, the Holy
See, Malta and Nicaragua did not permit abortion under any circumstances.
By geographic region, abortion policies were most restrictive in Oceania, followed by Africa and
Latin America and the Caribbean. Only 6 per cent of Governments in Oceania and Africa and only
12 percent in Latin America and the Caribbean allowed abortion upon request. Eighteen countries
in Africa, 12 in Asia, 8 in Latin America and the Caribbean and 8 in Oceania allowed abortion only
to save a woman’s life. Europe and Northern America, in contrast, had the most liberal abortion
policies in 2013. Both Governments in Northern America and 73per cent of Governments in Europe
allowed abortion on request.
The proportion of the world’s population living in countries with certain legal grounds for abortion
differs considerably from the corresponding proportion of countries. For example, in 2013, just
36per cent of countries allowed abortion for economic or social reasons, but those countries
contained 61 per cent of the world’s population. The difference reflects the inclusion of some
countries with large populations (such as China and India) that permitted abortion on this legal
ground.
According to the World
Health Organisation
(WHO), in 2008, an
estimated 43.8 million
induced abortions
occurred in the world, a
slight decline from 45.6
million on 1995.
Induced abortion rates
have declined in all
major regions of the
world since 1995. In
2008, developing
countries accounted for
a large majority (86 per
cent) of all induced
abortions worldwide.
About half of all induced
abortions (21.6 million)
were carried out using
unsafe procedures, up from 19.7 million in 2003. According to WHO estimates, in 2008, almost all
unsafe abortions occurred in developing countries. Globally, an estimated 47,000 women die each
year from complications associated with unsafe abortion. Most of these deaths could be prevented
through better access to sexuality education, contraceptive information and supplies, and safe
abortion services and post- abortion care, were allowed by law.

• CHINA:-China liberalized its abortion law in the 1950s and promoted the practice under its one-child
policy, which was enacted in 1979 in an effort to curb population growth by restricting families to one
child. The policy, under which abortion services were made widely available, came with severe coercive
measures—including fines, compulsory sterilization, and abortion—to deter unauthorized births. China
raised this long-standing limit to a two-child policy in 2016, along with other incentives to encourage
population growth amid a rapidly aging population. Activists fear that the government, seeking to control
demographics, could once again use coercive measures to impose restrictions on women.
• KENYA:-Postcolonial Kenya’s abortion law was rooted in the British penal code, which criminalized
abortion. When Kenya adopted a new constitution in 2010, it expanded the grounds [PDF] on which
women could obtain an abortion to include emergency cases, or those in which the health of the mother is
at stake. In June 2019, a court extended the exceptions to include cases of rape. As other former European
colonies reevaluate their abortion statutes, many are expanding the grounds for abortion. For instance,
Benin, Burkina Faso, Chad, Guinea, Mali, and Niger—nations whose restrictive abortion laws were
holdovers from the 1810 Napoleonic Code imposed by France—have all made abortion legal in cases of
rape, incest, and fetal abnormality.
• IRELAND:-In 2018, the Irish parliament legalized the termination of pregnancy before twelve
weeks, as well as in cases in which the health of the mother is at stake. Previously, Ireland had
one of the most restrictive abortion laws in Europe, codified in a 1983 constitutional amendment
that effectively banned the practice. The 2012 death of Savita Halappanavar after she was denied
an emergency abortion reignited public debate and protest and prompted a countrywide
referendum to overturn the amendment; the referendum passed with 66 percent of the vote. In
2019, abortion was legalized in Northern Ireland. The United Kingdom’s 1967 Abortion Act,
which grants doctors in England, Scotland, and Wales the authority to perform abortions, was
extended to Northern Ireland following a vote by the UK Parliament.
• ZAMBIA :-Zambia is one of the few countries in Africa where abortion is permitted for economic and
social reasons, but, despite having a liberal law, structural and cultural barriers make it difficult for
Zambian women to obtain abortions. Zambia has less than one practicing medical doctor per ten thousand
inhabitants, and for the more than 60 percent of Zambians living in rural areas, health professionals are
few and far between. The law stipulates that only a registered medical practitioner [PDF], and not a nurse
or midwife, can perform an abortion, rendering safe access out of reach for most. Zambia is plagued by a
high rate of abortion-related maternal mortality, with about 30 percent of maternal deaths caused by
abortion complications.
• EL SALVADOR:El Salvador is one of only two countries to have imposed new restrictions on abortion
since the 1994 Cairo Declaration, which recognized reproductive health as critical to development. (The
other is Nicaragua.) During its reexamination of the penal code after a devastating thirteen-year civil war,
El Salvador amended its abortion law—which already banned the procedure in most cases—to eliminate
all exceptions, thereby imposing a blanket ban. Though a handful of other countries have equally
restrictive abortion laws, El Salvador is unique in the severity of its enforcement: doctors are mandated to
report suspected abortions, and there is even a special division of the prosecutor’s office that is tasked
with investigating them. Between 2000 and 2011, more than 129 women were prosecuted for suspected
abortion, and at least 13 remain in jail, some serving decades-long sentences.
• POLAND:-Poland bans abortion with relatively few exceptions compared to its European neighbors,
allowing it only in cases of rape or serious fetal abnormality, or to preserve the life and health of the
mother. In 2016, when the government considered a bill to remove all exceptions from the prohibition,
150,000 women took to the streets in a nationwide strike, and the legislation was overwhelmingly
rejected. Similar bills in Lithuania and Russia were ultimately tabled. In other Eastern European nations—
including Armenia, Georgia, Macedonia, Russia, and Slovakia—recent legislation imposes preconditions
on patients seeking abortions [PDF], such as mandatory waiting periods or counseling.

D. Methods of abortion:
Specific methods of abortions are used according to the period in which women decide to have an abortion.
If the pregnancy is decided to be ended in the first trimester, there are two options: having a medical abortion
procedure or a surgical abortion procedure. As far as the medical abortion procedures are concerned, they
may have some effects and dangers. There are many types of such processes, which usually last a couple of
The situation in some less economically developed
weeks. In some cases, antibiotics are also provided in order to avoid any type of infection. Medical abortion
procedures can be performed with an injection, consumption of pills etc., and may have minor effects such as
vomiting, fever or nausea or more serious effects like infections, according to the type of medical practice.
As for the surgeries, there are many types that can occur, but it depends on the stage of the pregnancy.
Surgeries are mainly responsible for the infertility caused by abortion procedures.
During the second semester no medication can be provided in order to end the pregnancy. Surgeries usually
are performed. Finally, during the third semester or late term abortion, which is the worst timing to decide to
end the pregnancy since the baby is considered “viable” (able to survive outside the womb), is mainly done
through a surgery. The dangers concerning the woman’s health in this case are very high. Due to the high
risks in some countries the abortion during that time of the pregnancy is illegal.
Consequences of unsafe abortions
An unsafe abortion may have several consequences concerning the physical recovery and wellbeing of the
woman, as well as her social life. If the necessary medical practices are not done and if the person
performing the abortion does not have the skills required then the consequences may be: incomplete
abortion, bleeding or any type of infection. If the necessary treatment is not provided immediately then the
infection could lead to infertility, health related problems and chronic pain. According to the World Health
Organization, unsafe abortions could lead to:
• Incomplete abortion (failure to remove or expel all of the pregnancy tissue from the uterus)
• Hemorrhage (heavy bleeding)
• Infection
• Uterine perforation (caused when the uterus is pierced by a sharp object)
• Damage to the genital tract and internal organs by inserting dangerous objects
such as sticks, knitting needles, or broken glass into the vagina or anus.
These are the physical consequences of unsafe abortions but there are further ones as well. In a society where
abortion is not accepted as a legal activity or even worse it is considered to be a crime, women face various
problems concerning their social life. Sometimes, they have no respect from their society and they are treated
as weak people, who have refused to participate in the realization of God’s goals. This situation, in addition
to the low productivity that unsafe abortions cause, has a very negative effect on the woman’s psychology
and this may be another obstacle to their recovery.
Unsafe abortions have also an impact on the global economy. Since the causes of unsafe abortions are
physical and psychological, women that have done such practices need the necessary treatment. The nations,
health centers, the international and local community need to pay the cost of the treatment which combines
both medical practices and psychological support. All in all, the funds demanded are limitless. It is
estimated, that in 2006, an amount of US$ 553 million was spent treating serious consequences of unsafe
abortions linked to physical and
psychological issues.
Finally, unsafe abortions are one of the basic reasons of the rise of maternal mortality and morbidity. It is
obvious, that an incomplete or unsafe abortion can lead to mortality. Most frequently maternal mobility is
noted, which is one of the dangers of a country’s economy and social balance. Sadly, 13% of maternal
mortality cases are caused by unsafe abortions.

E. RELEVANT RESOLUTIONS, TREATIES AND EVENTS:


The United Nations’ specialized agency, WHO, has published several manuals about the topic. Each one of
them consists of information concerning unsafe abortions as well as guidelines.
Also, the United Nations Human Rights office of the high commissioner has published a report “Preventable
maternal mortality and morbidity and human rights” whose aim is to identify the human rights dimensions of
preventable maternal mortality and morbidity in the existing international legal framework
Moreover, the Human Rights Council has submitted the resolution 11/8, on Preventable maternal mortality
and morbidity and human rights, June 2009, in order to combat maternal mortality (which is caused by
unsafe abortions as well). There was a “follow up” on this resolution, Preventable maternal mortality and
morbidity and human rights: follow-up to Council resolution 11/8, 27 September 2010, with the same
purpose as the previous one.
Other resolutions related to the topic:
• Resolution 2010/1 on Health, morbidity, mortality and development
• Eliminating preventable maternal mortality and morbidity through the
empowerment of women , E/CN.6/2010/L.6, 9 March 2010
• Resolution on Preventable Maternal Mortality and Morbidity, UN Human Rights
Council, 20 September 2011
• Resolution 2011/1 on Fertility, reproductive health and development
Generally, there have been several events, campaigns and resolutions on this topic. However, the issue
remains the same. Women every single day die due to unsafe abortions and many leave behind them
unaccompanied children. It is of great necessity to mention that the global community must take action
immediately in order to solve such a crucial issue.

F. Questions to be considered?
1) What are the roots of gender stereotypes which give rise to naturalism and how can these roots be
eliminated through policy solutions in the long term?
2) How can a balance be found between the freedom to follow a religion and the liberty to live life at one's
own discretion? Are these two paradoxical or can these reach an equilibrium under some social and
economic conditions?

3) To what extent have religious texts been misinterpreted, modified and exaggerated that is disadvantageous
to the status of women?
4) In what way does lack of awareness contribute to the psychological status of women and how can this gap
of knowledge be narrowed?
5) Should women be banished for their natural anatomy? Is the access to basic health and hygiene less
important than religious beliefs?
6) If conservative ideologies do not allow women to go to school during menstruation, what action can be
taken to reduce the education and thus the wage gap?
7) Should religious beliefs and the expression of it through religious symbols/attire be the cause of rejection
from formal employment of capable and qualified women?
8) Have religious texts validated domestic violence or has it been read out of context and used unethically to
reduce women’s self-esteem and dignity?
9) In what ways do sex-selective abortion contribute to gender imbalances? How can ideologies be made
more open-minded to accept girl children as blessings than curses?
The above QARMAs are just a few of the main aspects which must be covered. However, it is necessary to
keep in mind that a number of others can emerge through research and debate as well.

G. Suggestions for further research:


In order for you to attain a much more well-rounded perspective of the topic you can take help from the
following links that were formulated keeping the mandate of committee in mind. Once again, your research
should not be restricted by just the background guide or the further research links. You need to explore the
topic with regard to your country’s foreign policy as well. You may use the works cited links to research
further as the background guide consists only of extract from the websites. Following are few of the general
links which fortify the arguments put forth in the background guide.
• The role of religion in entrepreneurship participation and
perceptionhttps://www.researchgate.net/publication/23834096
• The_role_of_religion_in_entrepreneurship_partic ipation_and_perception
Religion no excuse for gender inequality, says Cherie Booth
https://www.theguardian.com/politics/2007/oct/31/i mmigrationpolicy.gender
• Education among Muslim Women
http://www.milligazette.com/news/15402- education-among-muslim-women
Islam & Christianity: The Demonization and Exploitation of Female Sexuality
https://michaelsherlockauthor.wordpress.com/2017/ 01/12/islam-christianity-the-demonization-and-
exploitation-of-female-sexuality/
• Religion and Domestic Violence
https://berkleycenter.georgetown.edu/publications/r eligion-and-domestic-violence
In Singapore and Indonesia, women re-claim rights from religious fundamentalists
http://asiapacific.unwomen.org/en/news-and- events/stories/2017/03/women-reclaim-rights-from- religious-
fundamentalists
• Analysing the Dowry Relgious System
https://www.ukessays.com/essays/religion/analysin g-the-dowry-system-religion-essay.php
• Women and Inheritance Laws
http://www.gewamed.net/share/img_documents/41_ in_search_of_equity-
_a_survey_of_law_and_practice_related_to_women _inheritance_rigths.pdf

• Sex-selective abortion cases-


Dissappearing daughters https://www.actionaid.org.uk/sites/default/files/doc
_lib/disappearing_daughters_0608.pdf
• Religious Discrimination
http://www.persepolis.nu/queens- discrimination.htm
“Religion can empower women and raise their dignity” https://www.theelders.org/article/religion-can-
empower-women-and-raise-their-dignity
• https://www.unwomen-usnc.org/aboutus#who-are-we
• http://law.justia.com/constitution/us/amendment-14/31-abortion.html
• https://www.theguardian.com/global-development/2014/oct/01/mexican-women-high-price- abortion-
laws
• http://www.debate.org/abortion-debate/
• http://rbth.com/politics_and_society/politics/2016/09/29/could-russia-ban-abortions_634405
• http://www.un.org/esa/population/publications/abortion/ https://spectator.org/the-un-declares-abortion-a-
human-right/

Agenda 2 :- Addressing the labour rights of women with special emphasis on


harrassment at workplace.

What is Sexual Harrasment?


Sexual harassment refers to prohibited conduct in the work context and is defined as “any
unwelcome sexual advance, request for sexual favour, verbal or physical conduct or gesture of a
sexual nature, or any other behaviour of a sexual nature that might reasonably be expected or be
perceived to cause offence or humiliation to another person

Introduction to the agenda:


Ensuring that the world of work is free from discrimination and violence is core for realizing decent
work. The principles of non-discrimination and equality are recognized internationally as central to
any system of human rights protection and embedded in most countries’ constitutions and in human
rights treaties. In the world of work, non-discrimination and equal opportunity and treatment are
considered to be basic human and labour rights, fundamental for social justice and sustainable
development. The ILO Declaration of Philadelphia of 1944 affirms that all human beings,
irrespective of race, creed or sex, have the right to pursue both their material well-being and their
spiritual development in conditions of freedom and dignity, of economic security and equal
opportunity, and that discrimination constitutes a violation of rights enunciated by the Universal
Declaration of Human rights. About 15 years after the adoption of the ILO Declaration of
Philadelphia, ILO member States adopted the Discrimination (Employment and Occupation)
Convention, 1958 (No. 111) in 1958. This Convention aims to protect all persons against
discrimination at work, and requires ratifying States to ensure protection against discrimination in
employment and occupation on seven grounds, namely race, colour, sex, religion, political opinion,
national extraction and social origin, as well as other grounds prohibited in national legislation by
governments after consultation with the representative employers’ and workers’ organizations.
Convention No. 111 belongs to the fundamental ILO Conventions, and it is the most comprehensive
international instrument dedicated to guide national legislation on the promotion of non-
discrimination and equality in the world of work. The principles of nondiscrimination and equality
in workplaces are widely accepted and the Convention has been ratified by 172 member States,
thereby expressing their commitments to uphold the human rights of workers and progressively
incorporate equality and non-discrimination principles in the world of work and other laws and
regulations.

Women workers and gender non-conforming workers are particularly vulnerable to sexual
harassment at the workplace. The ILO Committee of Experts on the Application of Conventions
and Recommendations (CEACR) has addressed sexual harassment primarily as a form of
discrimination in the workplace

Sexual harassment in the workplace is classified under two main types:


1. Quid pro Quo: This type of sexual harassment implies seeking sexual favours or making
sexual advances in exchange for benefits at work. It includes instances when:
∙ There are implicit or explicit requests or demands for unwelcome sexual activity as a term or
condition of employment
∙ Consent to or rejection of unwelcome sexually explicit behaviour or speech is made a condition
for employment, or refusal to comply with a 'request' is met with retaliatory action such as
dismissal, demotion, difficult work conditions.
2. Hostile Work Environment: Hostile working environment involves uninvited and
unwelcome conducts or behavior whether they are physical, verbal, non-verbal or visual forms
which create work environment that makes it uncomfortable for a worker to be there. Hostile
working environment is usually dependent on circumstances, frequency (repetitive misconduct
rather than a single episode of misbehaviour), and severity

Importance of addressing sexual harassment in the workplace:


Sexual harassment is a serious form of sex discrimination and it should not be tolerated as it
undermines equality at work by calling into question the integrity, dignity and well-being of
workers. All workers, both women and men, have the right to a workplace that is protected, secure,
free from discrimination and violence, and conducive to fulfilling one’s roles and responsibilities as
it is an arena where they spend a major percentage of their day. When sexual harassment occurs,
there is a long lasting negative and traumatic impact on individuals including psychological
suffering, physical suffering and professional losses. Workers suffering from sexual harassment are
most unlikely to be highly productive. The negative impacts do not stop at an injury to the one
individual. It has a ripple and multiplier effect on the rest of the workers in the organization,
impacting the workplace and bringing negative consequences such as compromised team work,
economic loss, impaired productivity, and hindered development. For the society at large, sexual
harassment impedes the achievement of equality between men and women as it condones sex
discrimination and sexual violence, and has detrimental effects on the development of the country
as a whole and the well-being of people. Therefore, preventing and addressing sexual harassment is
in the interest of society.
In the absence of a mechanism to redress cases of sexual harassment, individuals suffering from
sexual harassment are at a loss as to with whom they should speak. Not having a mechanism in
place points to the fact that the organization does not recognize, or give priority to these issues,
which leads to implicitly condone such discrimination and violence. It is now coming to the fore,
that in the absence of formal structures, women often hold back from sharing incidents about sexual
harassment due to various reasons including:
∙ Embarrassment and humiliation about the incident
∙ Fear that the matter will be trivialized and disregarded
∙ A sense of insecurity that they will not be believed, as very often there is no proof of the incident
∙ Hesitation that the institution will not take any action and the perpetrator will be allowed to go
free. There is also a fear of being asked to leave or to take a transfer, even if the harasser is found
guilty
∙ Dread of becoming a subject of gossip and further humiliation
∙ A fear of negative repercussions and retaliation from the harasser, or even the principal employer ∙
A fear of being blamed for either ‘inviting’ or even for raising the issue for addressal
∙ A sense of complying with social norms where women are taught to keep silent and to overlook
‘bad behavior’ by men. In short, women fear being made victims twice over if they raise their
voices about sexual harassment, first by complaining and secondly when they are victimized for
having complained. Employers should recognize that sexual harassment in the workplace takes
away from the worker their right to live and work with dignity, and should ensure that a mechanism
is in place to give clear directions about whom to approach when sexual harassment occurs, the
procedures that will be adopted, and the length of time for investigation.

Workers at Heightened Risk of Harassment and Violence


Some workers may be at greater risk of harassment and violence at work because of the sectors they
work in, or because of the discrimination they face because of their gender, sexual orientation,
immigration status, race, ethnicity, or other status. Domestic workers, farmworkers, and those in
precarious employment may not have equal protections against workplace violence under labor
laws as other workers. For example, domestic workers may be excluded entirely from some
countries’ labor laws, or in other cases are not entitled to sexual harassment protections because
their workplace does not cross a threshold for a minimum number of workers, as in the United
States. Children—whether above the legal minimum age of employment or engaged in child labor
—may be at particular risk of sexual harassment and abuse, as employers may perceive them as
easier to intimidate. Because of their young age and relative lack of maturity, children may also be
less able to resist sexual harassment or lodge complaints.

The Impact of Domestic Violence on the World of Work


Domestic violence is the most common form of violence experienced by women globally. The
World Health Organization (WHO) in its 2013 report found that 35 percent of women worldwide
have experienced either physical and/or sexual intimate partner violence or non-partner sexual
violence. Domestic violence affects a range of human rights and impedes economic growth and
development. Survivors can be at further risk of violence if their employer does little to help protect
them or retaliates against them for actions such as missing work to attend a court hearing.
Employers can take measures that would help to keep survivors of domestic violence at work—
sometimes a place of safety—and that would help their economic security. Without such measures,
survivors may remain trapped and economically dependent on their abuser. In some cases,
employers retaliate against survivors who take time off to recover, come to work with visible
injuries, or if their abuser turns up to their place of work.

International legislative frameworks

● Universal Declaration of Human Rights, 1948: Articles 1, 2 and 7 speak about equality in
dignity, rights and freedoms and equal protection against any discrimination

● ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) aims to
protect against discrimination in employment and occupation on the grounds of sex, race,
colour, religion, political opinion, national or social origin. In its general observation of
2003, the ILO Committee of Experts on the Application of Conventions and
Recommendations (CEACR) has emphasized that sexual harassment is a form of sex
discrimination and should be addressed within the requirements of Convention No. 111. In
the view of the gravity and serious repercussions of sexual harassment, the CEACR has
urged governments to take appropriate measures to prohibit sexual harassment in
employment and occupation and has provided elements of a definition of sexual harassment.

● United Nations Convention on the Elimination of All Forms of Discrimination against


Women (CEDAW), 1979: Article 11 prescribes States to eliminate discrimination against
women in the field of employment and to ensure equality of men and women. While sexual
harassment is not yet covered by a specific international instrument, the CEDAW
Committee in its General Recommendation No. 19 in 1992 has qualified it as a form of
discrimination on the basis of sex and as a form of violence against women. Recognizing
that equality in employment can be seriously affected when women are subjected to gender
specific
● ILO Decent Work for Domestic Workers Convention, 2011 (No. 189): Each Member shall
take measures to ensure that domestic workers enjoy effective protection against all forms of
abuse, harassment and violence (Article 5)

● ILO Resolution on Equal Opportunities and Equal Treatment for Men and Women in
Employment, ILC, 71st Session, 1985 recommended that measures be taken to extend social
protection to women and men concerning reproductive hazards and sexual harassment

● UN Declaration on the Elimination of Violence against Women, 1993: Article 1 of this


Declaration defined “Violence against women” as any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life. It also included sexual harassment and intimidation at
work, in educational institutions and elsewhere as part of violence against women. The
Declaration stated that such violence encompasses, but is not limited to, the following: “…
physical, sexual and psychological violence in the community including rape, sexual
harassment and intimidation at work, in education institutions and elsewhere”

● The Beijing Platform of Action drawn at the United Nations’ Women’s Conference in
Beijing in 1995 called to advance women’s rights and to eliminate violence against women
including sexual harassment at work

● ILO HIV and AIDS Recommendation, 2010 (No. 200): Measures should be taken in or
through the workplace to reduce the transmission of HIV and alleviate its impact by:
ensuring actions to prevent and prohibit violence and harassment in the workplace (Article
14 (c).

Harassment in the Workplace around the World

India: Registered cases of sexual harassment at Indian workplaces increased 54% from 371 in 2014
to 570 in 2017, according to official data. In all, 2,535 such cases were registered over the four
years ending July 27, 2018--that is nearly two cases reported every day--as per government data
tabled in the parliament (lower house of parliament) on July 27, 2018 and December 15, 2017 Over
the first seven months of 2018, ending July 27, 533 cases of sexual harassment were reported across
the country, as per the data. Uttar Pradesh--the country’s most populous state--reported the most
cases (726 or 29%) over 2014-18, followed by Delhi (369), Haryana (171), Madhya Pradesh (154),
and Maharashtra (147), as per the data presented in parliament.
A survey of domestic workers in 2018 in and around India's capital, Delhi, found that 29% of them
were sexually harassed at work.
These figures are low compared to studies from the formal sector where rates of reported
harassment range from 88% in the BPO (Business Process Outsourcing) sector to 57% in the health
sector. But this is because given their economic and social vulnerability, informal workers are less
likely to report offences. Even if they do, these cases may never lead to justice for the victims
because they may be eventually withdrawn fearing reprisals.
Australia: Two in three Australian women have been sexually harassed at work, with the majority
of cases unreported, according to a survey released on 11 December, 2018 that highlighted
challenges activists December, said prevent women from advancing in their careers. Some 64
percent of women and 35 percent of men said they had been harassed at their current or former
workplace, according to the survey of over 9,600 people by the Australian Council of Trade Unions,
the country’s main group representing workers.
The majority of those surveyed said they were subjected to offensive behavior or unwanted sexual
attention. However only about a quarter of them made formal complaints, due to fears of
repercussion, the survey found.

United Kingdom: A quarter of young women in England and Wales would be reluctant to report
workplace sexual harassment due to fears they might be fired as a result, according to a survey on
15 October, 2019. But despite some high-profile firings of abusers, many women fear their
workplaces are not willing to tackle sexual misconduct, according to the survey of nearly 2,000
women aged between 18 and 30 in England and Wales. About 15% knew of harassment cases that
were reported but not dealt with properly, and 5% said they were forced to change jobs due to
sexual harassment, assault or abuse

Bibliography

https://www.hrw.org/sites/default/files/news_attachments/2018_hrw_ilo_brochure.pdf
https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro-new_delhi/documents/
publication/wcms_630227.pdf
https://www.indiaspend.com/metooindia-54-rise-in-sexual-harassment-reported-at-workplaces-
between-2014-17/
https://www.bbc.com/news/world-asia-india-47025662
https://www.reuters.com/article/us-australia-women-rights/majority-of-australian-women-sexually-
harassed-at-work-survey-idUSKBN1OA10E
https://www.bbc.com/news/uk-41741615
https://www.reuters.com/article/us-britain-women-metoo/despite-metoo-one-in-four-uk-women-
hesitate-to-report-work-harassment-idUSKBN1WT2JO

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