Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims
Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted in 2011 creates an obligation for the Party States to take the necessary legislative or other measures to ensure that sexual harassment is subject to criminal or...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
2019-01-01
|
| Series: | Temida |
| Subjects: | |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2019/1450-66371903319P.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | Ratification of the Council of Europe Convention on preventing and combating
violence against women and domestic violence adopted in 2011 creates an
obligation for the Party States to take the necessary legislative or other
measures to ensure that sexual harassment is subject to criminal or other
legal sanctions. Bearing in mind that sexual harassment, even before the
adoption of this Convention, was prescribed by the anti- discriminatory and
labour laws of the Party States, the paper focuses on the analysis of
normative regulation of sexual harassment in the criminal legislation of the
Republic of Serbia as well as in the comparative legal solutions, with the
purpose of discussing the most important controversial issues concerning
this new incrimination, giving particular attention to considering key
reasons of objective and subjective nature that affect the invisibility of
the victims of this criminal offence. Recognizing deficiencies of the
criminal law regulation of sexual harassment, above all the widespread zone
of punishability, de lege ferenda proposal for a normative reformulation of
the essential elements of this criminal offence is provided in the
concluding considerations, with the purpose of improving its application in
practice. |
|---|---|
| ISSN: | 1450-6637 2406-0941 |