Harassing others is a violation of citizens' right to personal dignity.
Now the laws in different places are a little different. I suggest you read the following article first. Collect some evidence for this article. Wish you success! Remember to give extra points. Well, that's interesting.
● Hunan anti-sexual harassment legislation was initiated and passed yesterday.
● Sexual harassment can bring a civil lawsuit to the court.
● All units are obliged to take measures to prevent sexual harassment.
This newspaper (chief reporter Tang Weipin) likes to send pornographic short messages to women and talk about pornographic jokes, which may constitute "sexual harassment". Yesterday, at the 22nd meeting of the Standing Committee of the Tenth Provincial People's Congress, the new Measures for Implementing the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) Province was passed. It clearly stipulates that "it is forbidden to sexually harass women by obscene language, writing, pictures, electronic information and acts that violate laws and morals.
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Sending "dirty jokes" will cause sexual harassment.
Case Click: In August, 2005, Xiaowen, a 26-year-old Chongqing female teacher, sued the principal Gu Yue (a pseudonym) on the grounds of "violation of personal dignity". Along with the complaint, Gu Yue sent her an "ambiguous" message.
Survey data: A survey conducted by the Marriage and Family Research Institute of the All-China Women's Federation on the sexual harassment of Beijing residents shows that 54% of the women interviewed have heard pornographic jokes, 29% have met exhibitionists, 27% have had physical contact with others reluctantly, 8% have been peeped at by others, and 2% have been sexually harassed by telephone.
The highlight of the law is that "it is forbidden to sexually harass women in the form of obscene language, words, pictures, electronic information and violations of laws and ethics." All units should take measures to prevent and stop sexual harassment. "In view of the controversy that sending" yellow short messages "to women does not constitute sexual harassment, the new Measures for Implementing the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) Province is the first in the country to clearly list the manifestations of sexual harassment.
Units have the obligation to prevent sexual harassment in the workplace.
Click on the case: On June 3, 2003, the Haidian District Court of Beijing held a closed hearing on the first sexual harassment case in Beijing. Lei Man, a 25-year-old girl, entered Fangzheng Aode Commercial Imaging Division in July, 20001. According to her, in just three months, the department manager Jiao Mou sexually harassed her at least six times. On June 6, 2003, Haidian District Court made a judgment: it rejected Miss Lei's claim that her former boss Jiao Mou infringed her reputation, and also rejected the defendant Jiao Mou's claim that she counterclaimed Miss Lei's reputation infringement.
Survey data: The survey of China Academy of Social Sciences and other research institutions also shows that private enterprises, wholly foreign-owned enterprises, joint ventures and other emerging economic types are areas with high incidence of sexual harassment, and enterprises with low management standardization are more prone to sexual harassment. For example, 40% of women in emerging economic units have suffered sexual harassment, while less than 18% in traditional economic sectors such as state-owned and collective enterprises and institutions.
Highlights of laws and regulations: All units should take measures to prevent and stop sexual harassment in the workplace. "Legislation explicitly prohibits sexual harassment in the workplace, and Hunan is the first in the country." Yesterday, Duan Chenggang, deputy director of the Office of the Internal Affairs Committee of the Provincial People's Congress and deputy head of the drafting group of the draft measures, told reporters.
Sexual harassment can bring a civil lawsuit to the court.
Case Click: Zhang Yanni, 26, met Li Jianfei, the sales manager of a technology company in Zhengzhou, under the introduction of a friend. Zhang Yanni's husband filed for divorce because Li Jianfei sent Zhang Yanni a yellow message with extremely obscene content and called her a lover. In July 2006, Zhang Yanni sued Li Jianfei for sexual harassment. The Jinshui District Court of Zhengzhou City held that Li Jianfei constituted sexual harassment, and sentenced Li Jianfei to compensate Zhang Yanni for mental damages of 2,000 yuan according to law, and apologized to him in writing.
Highlights of laws and regulations: if sexual harassment or domestic violence against women constitutes a violation of public security management, the public security organ shall give administrative punishment according to law; The victim may bring a civil lawsuit to the people's court according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Related reminder: The difficulty in proving sexual harassment has become an obstacle for women victims of sexual harassment. Li Jinglong, a lawyer of Hunan Sanxiang Law Firm, therefore reminded women that generally speaking, the following materials can be retained as evidence to confirm sexual harassment: documentary evidence. Including letters and emails from sexual harassment offenders; Physical evidence. Including suggestive gifts, yellow discs, etc. ; Audio-visual materials. Including surveillance videos, recordings of two people, etc. If women can reasonably foresee the infringement they may encounter, they can prepare audio and video recording equipment in advance; Eyewitness testimony. The parties concerned should pay attention to the collection of these evidences and keep them properly.
Journalist investigation
Have you ever been sexually harassed?
"Have you ever been sexually harassed?" Yesterday, a reporter intercepted several female white-collar workers on the streets of Changsha. A Miss Zhang complained to reporters on the spot: Miss Zhang admitted that she was a clerk in a public institution. A male colleague in her office not only told extremely disgusting yellow jokes in front of her anytime and anywhere, but also often hugged her openly. When others were away, she tried to kiss more times, which made Miss Zhang deeply shadowed. Her first reaction when she saw this male colleague was to run away.
However, the reporter learned from the women's federations in various provinces and cities that although the awareness of women's rights protection has been greatly improved in recent years, the complaints received by the women's Federation system include domestic violence, cultural education, labor rights and property rights. And the scope and field of rights protection have expanded than before. But so far, the complaint rate of sexual harassment received by women's federations in various provinces and cities is almost zero. However, "zero complaint" does not mean that there is no sexual harassment. From what we have heard and felt, sexual harassment definitely exists. " A staff member of the Rights and Interests Department of the Provincial Women's Federation bluntly said.
Why do women keep silent?
"The main reason is that there is no awareness of rights protection. I don't know that there is such a channel for rights protection." The staff of the Provincial Women's Federation analyzed. There is no special word "sexual harassment" in the petition files. Many women don't know that sexual harassment can protect their rights, let alone the channels to protect their rights.
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"If I expose or sue, my face will definitely be damaged. I am so young to spread this kind of thing ... and my time and energy are limited. Whether I can win the case is still a suspense. " Miss Zhang's forbearance psychology is also the empathy of most women who have suffered sexual harassment.
"Sexual harassment is hidden and sudden in most cases, lacking physical evidence and difficult to obtain evidence. Moreover, most victims are afraid of being damaged in further studies, employment, promotion, salary increase or other interests or influenced by traditional concepts and are unwilling to speak out. " Li Jinglong, a lawyer of Hunan Sanxiang Law Firm, pointed out that he had received several inquiries about sexual harassment. "Sexual harassment in public places is sporadic, while sexual harassment in the workplace is long-term and has a stronger degree of mental harm to the parties. Therefore, the employer's regulations are often more effective than the national sexual harassment laws in practice. " Lawyer Li Jinglong said.
"The employing unit shall establish a practical anti-sexual harassment system within the unit." Duan Chenggang, deputy director of the Office of the Internal Affairs Committee of the Provincial People's Congress, took out a study book on the Law on the Protection of Women's Rights and Interests, saying that these systems include: clearly stating which behaviors constitute prohibited sexual harassment, and establishing effective reporting channels and reporting procedures; It is stipulated that there are corresponding anti-retaliation measures to ensure that employees who report will not be retaliated; To establish a timely and efficient investigation procedure, after receiving the report, we must first determine whether there is a sexual harassment fact; Once sexual harassment is confirmed, the harasser must be severely dealt with in the unit.