Gender Mainstreaming

Assessment of Anti-Sexual Harassment Legislation's Impact on Gender

Liu Minghui
China Women's University
Journal of China Women's University 2015-4

Abstract:Based on empirical research and literary comparison, this article makes an assessment of the impact that anti-sexual harassment legislation in China has on gender. It finds that the idea of single-sex protection in legislation results in a narrow application scope of laws prohibiting sexual harassment, excluding male or intersexual victims of sexual harassment and thus constituting institutional discrimination against such groups. The declaratory, general parts in the legislation negate the effectiveness of the protection provided for females, allowing sexual harassment and its negative impacts to remain pervasive. By referring to the legislative experiences of other countries and local provinces, the author puts forward approaches to improve the legislation against sexual harassment in China:Acknowledge actual needs of gender diversity in adopting a gender equality legislation model; refine preventive obligations against sexual harassment and incorporate additional legal liabilities; persuade trade associations to include anti-sexual harassment obligations into corporate social responsibility management systems, and alert employers to fulfill obligations to prevent sexual harassment in the workplace through impact litigation.
Keywords:sexual harassment, legislation, gender impact assessment

Paper type:Published