HANDBOOK - International Labour Organization

1. INTRODUCTION1.1 Overview of the UN Women-ILO HandbookEveryone has the right to live and work free from violence and harassment. In spite of this,violence and harassment against women in the world of work is present in all jobs, occupationsand sectors of the economy in all countries across the world. Some women are disproportionately affected by violence and harassment because of their employment status, the type ofwork they carry out, or because of the conditions in the sector that they work in.There are many emerging good practices to preventand respond to violence and harassment againstwomen, coming from international organizations,governments, employers, trade unions and nongovernmental organizations (NGOs), amongst others.1The United Nations Framework to Underpin Action toPrevent Violence against Women has highlighted theworkplace as an important entry point for addressingthis issue across the economy and society (UN Women,2015a, p.41). However, systematic documentation ofthese policies and practices is scarce. This handbookaims to address this gap.The publication of this joint UN Women-ILO Handbookcoincides with the unprecedented mobilization of millions of women, behind #MeToo and other movements,in a global response to sexual harassment and sexualassault in the world of work. Moreover, this handbook isbeing published within the context of the InternationalLabour Organization (ILO) standard-setting processwhich is working towards a new international standard or standards on ending violence and harassmentin the world of work. With the final discussion andthe possible adoption of an international Convention,Recommendation or both, scheduled for the ILO’sInternational Labour Conference in 2019, this processfollows many years of work by governments, employers’ and workers’ organizations.1 The inclusion of any name of a company, other organizationor individual and/or specific examples of polices, practices orinitiatives does not constitute an endorsement of such entities, persons or examples by the ILO or UN Women.What do we know about violence andharassment in the world of work? “Violence against women – particularly inti-mate partner violence and sexual violence – isa major public health problem and a violationof women’s human rights.” (WHO, 2017) Taking into account that definitions vary, es-timates from available country surveys showthat as many as 75 per cent of the world’swomen aged 18 years and over, or at least 2billion women, have experienced sexual harassment (Chamie, 2018). Between 45 and 55 per cent of women sur-veyed across the 28 European Union (EU)States have experienced sexual harassmentsince the age of 15. It is estimated that upto 75 per cent of women in a professionalcapacity or in top management jobs have experienced sexual harassment in their lifetime(FRA, 2014).Violence and harassment against women in the worldof work is a serious violation of women’s humanrights and a major barrier to achieving equality ofopportunity and access to decent and dignified work(ILO, 2016e, para 1). It has a devastating impact onwomen workers’ health, wellbeing and performanceat work. It is also deeply connected to social norms,values and stereotypes that foster gender inequalities,Handbook Addressing violence and harassmentagainst women in the world of work2

discrimination against women and unequal powerrelations between men and women, including intersecting forms of discrimination, for example, based ongender and race, disability or social origin.“Regardless of income level or social status, violence affects women and girls of all ages andimpacts their full and equal participation insociety and the economy. Violence takes manyforms, including not only physical, but alsosexual, emotional, and economic, as well asharassment experienced in public and in placesof work and education. Beyond the individualharm inflicted on women and their families,gender-based violence is a global problem withsubstantial economic costs.”(Tavares and Wodon, 2018, p.1)The World Health Organization (WHO) estimates that1 in 3 women have experienced some form of physicaland or sexual violence in her lifetime (WHO, 2017). Thisstatistic does not include sexual harassment, wherenumbers would be higher. Despite its high prevalence,violence and harassment remains largely unreported,with many victims, bystanders and witnesses afraid orreluctant to come forward or unsure about how to doso. Where victims do complain, many face ineffectivesystems or procedures, experience retaliatory action,or further violence and harassment, or lose their jobs.Furthermore, contract clauses on forced arbitration orcoercive confidential agreements (“gag orders”) mayprevent some victims from sharing their experience,adding to the psychological distress they may be feeling and keeping the problem in the shadows. Socialnorms blaming the victim or stigmatizing womenspeaking out about gender inequalities also perpetuate the silence around violence and harassment.As a result, changing social norms and behaviour inthe workplace is crucial to preventing violence andharassment against women in the world of work andin society more broadly. For example, when practicalworkplace policies and procedures are in place, worldof work actors begin to understand what constitutesacceptable and unacceptable behaviour at workand are an important starting point for changingorganizational culture that values and respects women and men equally.It is encouraging that women around the world aresaying that “time is up”, and are standing up andspeaking out about their experiences of sexual harassment and other forms of gender-based violenceand harassment. For gender-based forms of violenceand harassment against women to be systematicallytackled, legal, policy and other practical measures areneeded to promote women’s equal and effective representation in the workplace and to give women voiceand agency in raising their concerns. Perpetrators ofviolence and harassment must also be held accountable, and there must be an end to impunity.Governments, employers and workers and theirorganizations, and civil society have a part to playin transforming the world of work. Practical workplace strategies and policies are an essential tool topromote this transformation, as is ensuring that employers’ and workers’ representatives have the skillsand knowledge to help implement a gender-responsive approach to preventing and ending violence andharassment.1.2 The structure of the handbookChapter 2, Defining the problem and effects of violenceand harassment against women in the world of work,introduces readers to the conceptual framework ongender equality and the need to transform socialnorms – a theme that runs throughout this handbook- and key concepts regarding violence and harassmentagainst women in the world of work. It also explainsthe various dimensions of violence and harassment inthe world of work that are explored in the handbook,as well as related costs and impact.Chapter 3, International and regional legal and policyframework, gives a brief overview of several international and regional human rights frameworks andpolicies. It identifies their relevance to ending genderbased forms of violence and harassment againstwomen in the world of work, for example, throughUnited Nations Conventions and international labourHandbook Addressing violence and harassmentagainst women in the world of work3

standards, the Sustainable Development Goals andbusiness and human rights initiatives.Chapter 4, The role of state and non-state actors inending violence and harassment in the world of work,goes a step further by exploring the role of state andnon-state actors in ending violence and harassmentagainst women in the world of work. It looks at theoverarching framework of laws and services providedby governments and state actors. However, while aregulatory framework is necessary, it is insufficient forachieving practical, lasting change. What is also needed are measures that transform gender relations andlead to real change in women workers’ lives. The activeparticipation of state-actors, business associations,employers, trade unions and workers themselves, aswell as NGOs and women’s organizations, is therefore,critically important.Chapter 5, Social dialogue to end violence and harassment against women in the world of work, exploresthe role of social dialogue by focusing on both tripartite and bi-partite dialogue to effect real and lastingchange. Many of the examples, case studies andpromising practices presented in this chapter showthe importance of social dialogue, underpinned byfreedom of association and the right to collective bargaining, in developing agreements - at the workplace,sectoral and global levels - to address violence andharassment against women.Chapter 6, Responding to situations in which womenare more exposed to violence and harassment in theworld of work focuses specifically on how womenare disproportionately affected because of their workin certain situations of informal and non-standardemployment; in occupations and jobs where they areparticularly exposed to gender-based violence and harassment from third-parties; and face additional risksassociated with changing work organization, workprocesses and working patterns.Chapter 7, A transformative approach to ending violenceand harassment against women in the world of work,presents nine dimensions around which the worldof work can be transformed in order to end violenceand harassment against women. Working on these dimensions helps promote a world of work that is equal,dignified and respectful, where there is recognition ofwomen’s rights and decision-making roles, and wherewomen’s participation and contribution are valued.Along with practical workplace policies, programmesand initiatives, this chapter explores issues relevantto the wider world of work - including safe cities andpublic spaces - and the role of public services thatmeet women’s needs (i.e. gender-responsive publicservices) and promote women’s rights and provide forthe infrastructure, planning and provision of servicesthat guarantee their safety and their full participationin work and society.The UN Women-ILO Handbook presents promisingpractices – policies, strategies, campaigns, initiativesand other actions – that provide helpful insights andpractical examples of how to tackle violence andharassment against women in the world of work.Taken together, they show that much progress is being made all around the world – although much morework needs to be done – and that it is both possibleand critically important to transform gender relationsin the world of work in order to end violence and harassment against women.Handbook Addressing violence and harassmentagainst women in the world of work4

2. DEFINING THE PROBLEMAND EFFECTS OF VIOLENCEAND HARASSMENTAGAINST WOMEN IN THEWORLD OF WORK2.1 IntroductionViolence and harassment against women in the world of work is often the result of intersectingcircumstances and risk factors that are closely connected to gender inequalities and rooted ingender-based forms of power and control. Research indicates that violence and harassment canmanifest itself, in its many forms, in all sectors, jobs and occupations. Men can be victims ofsuch violence and harassment, particularly if they do not conform to societal expectations ofmasculinity. However, the great majority of cases of gender-based violence and harassment inthe world of work, especially that of a sexual nature, is reported by women, often because of thediscriminatory social norms and structures that reinforce power inequalities based on gender.Moreover, some factors may lead to women workersexperiencing violence and harassment in disproportionate or unique ways, taking into account factorssuch as working conditions, unionization rates andthe circumstances under which work is carried out.The presence of discrimination based on other factorssuch as race, social origin, migration status, disability,maternity, family responsibilities, sexual orientationand gender identity, may also influence how, and inwhat ways, women experience violence and harassment. Additional factors include women workers’education and skill levels, as well as the sector theywork in, and the type of job carried out.In order to address this phenomenon effectively, it isnecessary to understand what amounts to violenceand harassment, who is affected by it, what its causesand effects on the world of work are, and where andhow it happens.2.2 Key concepts2.2.1 Violence and harassment againstwomenDiverse sources of international and regional law address the concepts of violence and harassment, suchas the United Nations Declaration on the Eliminationof Violence Against Women, the Convention onPreventing and Combating Violence against Womenand Domestic Violence (Istanbul Convention), andHandbook Addressing violence and harassmentagainst women in the world of work5

the Inter-American Convention on the Prevention,Punishment, and Eradication of Violence againstWomen (Convention of Belém do Pará). Throughoutthis handbook, the terminology violence and harassment against women is used. This allows for thecombination of concepts reflected in international law.For the purposes of this handbook, violence and harassment against women includes, but is not limited to,the following: sexual violence, including sexual assaultand sexual harassment; physical violence, such as assault, battery and murder; psychological violence andharassment, including bullying and mobbing; threatsof violence and harassment; verbal and non-verbalforms of harassment; and stalking. The issue of domestic violence is also included within this handbook, as ithas an important impact on the world of work.2.2.2 Gender-based violenceGender-based violence is a pervasive form of violenceand harassment rooted in unequal power relationsbetween (and among) women and men, and it bothreflects and reinforces the subordinate status ofwomen in many societies (Cruz and Klinger, 2011).While anyone can be victim of such violence, including those who do not conform to gender stereotypesor to traditional, societal expectations based on gender - for example, LGBTI persons - the great majority ofreported cases concerns women.2.2.3 Violence against womenIn 1993, the United Nations Declaration on theElimination of Violence against Women defined “violence against women” as “any act of gender-basedviolence 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 arbitrarydeprivation of liberty, whether occurring in public orin private life” (UNGA, 1993, Article 1). Violence againstwomen is based on deeply-rooted social norms andpractices that devalue women and their potential foradvancement in the world of work. There is extensiveinternational evidence showing that violence againstwomen can only be effectively tackled through a gender equality framework that addresses gender, socialand cultural norms, as well as unequal and stereotypical gender roles and relations (Ellsberg et al, 2014; Fuluet al, 2014; Arango et al, 2014).2.2.4 Sexual harassmentSexual harassment involves sexualized forms of unwanted or unwelcome behaviour or conduct. It has the“purpose or effect of violating the dignity of a personand of creating an intimidating, hostile, degrading,humiliating or offensive environment.”2 Althoughanyone may be subject to sexual harassment, womenare the overwhelming majority of reported victims.“Sexual harassment includes such unwelcomesexually determined behaviour as physical contact and advances, sexually coloured remarks,showing pornography and sexual demand,whether by words or actions. Such conduct canbe humiliating and may constitute a healthand safety problem; it is discriminatory whenthe woman has reasonable ground to believethat her objection would disadvantage her inconnection with her employment, includingrecruitment or promotion, or when it creates ahostile working environment.”(United Nations Committee on the Elimination of AllForms of Discrimination against Women (CEDAW),General Recommendation No. 19, Violence againstWomen, paragraph 18, XI session, 1992.)Sexual harassment can be physical, psychological,verbal and non-verbal and can include conduct suchas: sexual violence and assault, including rape; unwelcome requests for sexual favors and dates; unwelcometouching; leaning over; cornering; stalking; makingsexually-lewd comments or unwelcome communications of a sexual nature, including displaying or sharingsexually lewd pictures and pornographic material.2As defined in European Union Directive 2006/54/EC of theEuropean Parliament and of the Council of 5 July 2006 on theimplementation of the principle of equal opportunities andequal treatment of men and women in matters of employment and occupation (Recast) (OJ L 204, 26.7.2006, pp. 23–36).Handbook Addressing violence and harassmentagainst women in the world of work6

In the European Union, physical sexual harassmentis the most commonly-reported form of sexual harassment, followed by verbal and non-verbal sexualharassment. Overall, 29 per cent of surveyed womenin the European Union had experienced “unwelcometouching, hugging or kissing”; 24 per cent had beensubjected to “sexually-suggestive comments orjokes that offended them”; and 11 per cent to nonverbal forms including cyber harassment, such as“unwanted, offensive sexually-explicit emails or SMSmessages, or offensive, inappropriate advances onsocial networking sites” (FRA, 2014, p.96). A nationalsurvey by the Australian Human Rights Commission in2018 found that, in many cases, harassment was ongoing over a long time period (Australian Human RightsCommission, 2018). Offensive, sexually suggestivecomments or jokes were the most commonly-reportedform of workplace sexual harassment, experienced byone in four women and approximately one in ten men.The ILO Committee of Experts on the Application ofConventions and Recommendations (CEACR) includessexual harassment in the context of the Discrimination(Employment and Occupation) Convention, 1958 (No.111) as a particular form of discrimination on the basisof sex, and notes that definitions of sexual harassment often include both quid pro quo and hostileenvironment as elements of sexual harassment.For example, a quid pro quo pattern of sexual harassment occurs when approval or rejection of a sexualproposition is the basis for a decision regarding appointments, career progression, salary increases andbonuses, allocation of work and tasks, or contractextension or renewal. Hostile environment sexualharassment, for example, may include unwelcome orhumiliating jokes or comments of a sexual nature, orportrayal of offensive sexually-explicit materials.2.2.5 The world of workViolence and harassment is not limited to the traditional, physical workplace and can also occur in thebroader world of work.3A notion of the world of work that goes beyond thephysical workplace touches on issues such as women’s safety in public spaces, transport, night work andwhen the home or the street is the workplace (Cruzand Klinger 2011; ILO, 2016e; UN Women 2010b). Theworld of work is continuously and rapidly evolving, andnew forms of work, including types of non-standardforms of employment and work in the so-called “gig”economy, 4 are becoming more commonplace (Heeks,2017 and Moore, 2018). Quid pro quo involves:(1) “any physical, verbal or non-verbal conductof a sexual nature and other conduct based on sexaffecting the dignity of women and men, whichis unwelcome, unreasonable, and offensive to therecipient; and” (ILO, 20

2.2.2 Gender-based violence 6 2.2.3 Violence against women 6 2.2.4 Sexual harassment 6 2.2.5 The world of work 7 2.2.6 Who is affected by violence and harassment? 8 2.3 Gendered power inequalities underpinning violence and harassment in the world of work 8 2.4 Impact of violence and harassment against women in the world of work 9