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Legal consultation

Barbarian Diordieva - the lawyer, an analyst.
If you had legal issues, the problems connected with realisation of your rights, and also the questions, concerning legislations, write.

Setting questions, specify region (Ukraine, Russia etc.).

The rights of women in Ukraine

Sexual harassments

Sexual harassments

Declaration article 1 about liquidation of violence concerning women of 1993 defines violence as Ğany violent action to a sexual sign which puts or can do physical, sexual, psychological harm or sufferings to the woman, including attempts of similar actions, restriction or the imprisonment which is taking place in a public or private lifeğ.

It is necessary to notice, that concept "sexual harassment" difficult enough. That for means one nothing, for another can be тягчайшим the insult or violence.

In practice there is very accurate criterion of sexual harassments - undesirability for object of signs on attention which (it) render to it. If importunity in behaviour of the colleague, irrelevance of its relation it can quite be considered as sexual harassment is felt. The biggest risk at women in mainly man's collectives where sexual harassments can be used both for satisfaction of personal needs, and as a way of a suspension of career growth.

The statistics of the European countries looks so - from 25 to 50 % of women though time yes appeared on service in a similar situation. Thus more than half of interrogated women and 70 % of men consider, that women the behaviour provoke colleagues. Unfortunately, in this situation, as well as in most cases rapes, shift fault on a victim.

There would be an injustice completely an existence of a similar problem. Closeness of a theme, a lack of official statistical data, absence of experience of discussion of this theme in wide audiences, mass-media and in a society as a whole, ignoring by law enforcement bodies are obvious. Basically displays of a similar kind of violence remain <hidden>, still it is a shame to all of us to speak about this problem aloud.

Results of independent researches of public organisations show, that 50 % of women faced a similar problem, from them of 8 % repeatedly. As the legal protection mechanism is not effective, owing to harassments of the woman are compelled to leave, and to suffer not only from psychological and physical humiliation, and and with material problems.

How it works?

Let's consider some legal aspects of sexual harassments in the USA. Sexual harassment - the legal term entered for the purpose of the termination of harassments and discrimination of women on a workplace. The given term is fixed in the legislation of the progressive countries and used in judgements. That is in the USA, France, Germany and many other things the countries probably to involve guilty in responsibility.

Sexual harassment is recognised by one of forms of sexual discrimination (the Certificate of the civil rights - Chapter 7). The given norm has been entered in 1964. Body which is authorised to make of the decision on the given question is the Commission of Equal Labour Possibilities of the USA. It studies circumstances of business and takes out decisions. It is necessary to notice, that the legislation on harassments extends not only on the enterprises and establishments, and and on educational institutions.

The basic definition of sexual harassments occurs from definition of the Commission of Equal Labour Possibilities of the USA. Undesirable sexual offers of sexual harassments and other verbal or physical behaviour of sexual character when their acceptance or refusal of them is direct or опосредованно influences execution of official duties or creates hostile conditions.

The made definition is characterised thus:

-Victim of harassment can be both the woman, and the man. The person of an opposite sex should be not obligatory a victim

The chief of a victim, the agent of the employer, the colleague of a victim or the person with whom the victim does not consist in labour relations can be the-infringer

The-illegal sexual behaviour can take place without economic consequences or dismissal

Behaviour of the infringer should be undesirable.

In the legislation of the USA exists legally recognised 2 kinds of sexual harassments:

- Sexual harassments quid pro quo

- Sexual harassments of hostile atmosphere

For the proof of the first kind of sexual harassments it is enough to show presence of economic losses. The single sexual offer can be considered as harassment if it has communication with granting or cancellation of labour privileges

The subordinate who agrees on harassments, and through certain time rejects it, can make the complaint to sexual harassment.

And how at us?

The problem of sexual harassments in Ukraine till today is the closed theme. Who and when has tabooed it is not known, but researches on this problem in labour relations and the higher school was not spent, there is no official statistics on this problem, and legal protection mechanisms, unfortunately, are not effective.

Svetlana, 25 years "On work has developed simply intolerable situation. The chief simply did not allow to work easy. In clear has declared, that all will be adjusted, as soon as I will be more compliant. It pressed on me and threatened me. Has consulted to the familiar inspector who has told, that a unique exit is dismissal at own will. To make it answerable it is impossible".

In Ukraine similar situations are regulated by the Criminal code. Article 154 <Compulsion of the woman to the introduction into sexual relations> section of IV crime against sexual freedom and sexual inviolability of person УК. 1. "Compulsion of the man or the woman to the introduction into sexual relations natural or unnatural by the person on whom the man or the woman financially or on service it is dependent, is punished by the penalty to 50 tax-free minima or arrest for the term up to 6 months" - ч.1 item 154 УК

"The same actions combined with threat of damage or withdrawal of property of the victim (го) or its relatives or disclosure of sheets that dishonour it (it) or relatives are punished by arrest for the term up to 6 months or imprisonment for the term up to 3th years" - ч. 2 items 154 УК.

However the problem consists that given article concerns to so-called <to dead articles>, that is to such articles on which it is practically impossible to involve guilty in responsibility. It means what to excite criminal case it is not obviously possible. The probability of collecting of moral indemnification too is equal to zero. Though psychologists unanimously assert, that similar situations deliver to object of undesirable attention considerable sincere sufferings. And though the sexual inclination is normal and natural to any person, imposing of sexual relations is unpleasant experience and quite often forces the person to feel a thing. And if the person try to incline to close relations by intimidation and blackmail, then and to a psychological trauma nearby. Certainly, psychological violence is inappropriate. The society till today has not found in itself boldness to recognise existence of a similar problem. Somehow it is awkward and inconvenient to us to speak about it. And suddenly us somehow not so will understand? So we also live. As though such problem also is not present at all. As though.

Рената Семенова