从性别视角对性骚扰立法模式的反思

性骚扰是涉及人格尊严与人身权利的重要法律问题。综观中国有关切实保障公民人身权益的法律法规,发现尚缺少社会性别视角,亦缺少具体有效、操作性强的规定。已启动的立法举措具有立法视角与思路的突破,标志着性骚扰成为受社会与法律制约的行为,但性骚扰立法仍缺少系统科学立法模式的统筹。笔者认为应创建性骚扰立法模式,制定统一的反性骚扰法案,以预防与制止性骚扰。     

性骚扰行为探讨

性骚扰是指向他人发出不受欢迎的性信息。性骚扰行为会损害受害人身体、精神健康 ,导致受害人情绪消极 ,降低受害人交际能力 ,影响受害人婚姻关系 ,造成受害人经济损失 ,影响受害人职业发展。性骚扰受害人应认识性骚扰者的心理状态 ,冷静处理性骚扰行为 ,向性骚扰者明确态度 ,并且积极寻求帮助 ,以规避性骚扰行为的侵害。     

教师对学生性侵犯中学校特殊民事责任的比较法学思考

少数教师利用师生关系对学生进行性骚扰已成为严重威胁未成年学生健康成长的社会问题 ,学校及教育部门的雇主责任也成为法律中亟待解决的课题。无论是以无过失责任为原则的美国雇主责任制度 ,还是以过失责任为原则的德国雇主责任 ,就本质意义而言 ,性骚扰中雇主责任是由于特定的雇佣关系存在 ,体现一定价值判断的雇主与受害人自由利益之间的平衡关系 ,而二种责任制度的差异 ,根本之处在于其不同价值判断对雇主和受害人自由的态度 ,取决于相应利益的相对重要性或相对价值。从未成年学生权利为宪法上公民权利的高度、从保护未成年学生至高无上的自由权利出发 ,应建立起学校及教育部门在教师对学生性骚扰中的严格雇主责任。     

性骚扰的民法救济

性骚扰是当前突出的社会问题之一,法律应当对其有所关注.从民法的角度看,性骚扰侵犯受害者的一般人格权,侵害人应当承担侵权责任,受害人应该获得损害赔偿,尤其是精神损害赔偿.     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

Persistent Harassment: Targets and Perpetrators Among Young Adults

In Portugal, stalking has recently been recognized as a crime. This study used an online survey to ask 3,367 college students about their experiences of persistent harassment and targets’ and perpetrators’ perceptions of fear and conduct legitimacy. Targets (34.5%) typically mentioned that they had experienced a frightening experience but considered it to have been wrong but not very serious. Perpetrators (8.9%) mostly perceived that their targets had not experienced fear and judged their own conduct to have been normal. Ordinal logistic regressions indicated that intimate partner stalking, targets’ fear, and threatening and violent behaviors predicted less conduct legitimization for both targets and perpetrators.     

Fostering Constructive Action by Peers and Bystanders in Organizations and Communities

Peers and bystanders play important roles in organizational and community conflict management. Bystanders often learn relevant information and have opportunities to act in ways that can affect three of the basic functions of a conflict management system (CMS.) They can help (or not help) to identify, assess, and manage behaviors that the organization or community deems to be “unacceptable.” Examples in which bystanders play important roles include sexual and racial harassment, safety violations, unethical research, national security violations and insider threats, cyber‐bullying and cyber‐sabotage, violence, fraud, theft, intimidation and retaliation, and gross negligence. Bystanders often are a missing link in conflict systems. For the purposes of this article, I define peers and bystanders as people who observe or learn about unacceptable behavior by others, but who are not the relevant supervisors, or who knowingly engage in planning or executing that behavior. I define CMS managers as all those people, including line managers, who have responsibility for managing conflicts. Conflict managers face many challenges in fostering constructive behavior from bystanders. The interests of bystanders may or may not coincide with the interests of conflict systems managers in an organization or community. Bystanders often have multiple, idiosyncratic, and conflicting interests, and experience painful dilemmas. In addition, peers and bystanders, and their contexts – often differ greatly from each other. Blanket rules about how all bystanders should behave, such as requirements for mandatory reporting, are often ineffective or lead to perverse results. Bystanders are regularly equated with “do‐nothings,” in the popular press. In real life, however, helpful bystander actions are common. Many bystanders report a wide variety of constructive initiatives, including private, informal interventions. In this article, I report on forty‐five years of observations on bystanders in many milieus. I present what bystanders have said are the reasons that they did not – or did – take action, and what can be learned to help organizations and communities to support bystanders to be more effective when faced with unacceptable behavior.     

关于性骚扰立法的几点思考--兼评《妇女权益保障法》相关条款

本文就中国性骚扰立法提出浅见。首先须准确界定性骚扰的概念,将公众场所性骚扰、女性对男性性骚扰、同性间性骚扰和非受雇性骚扰纳入性骚扰范畴;其次坚持以反性别歧视法为主的立法路径,明确雇主责任;最后应综合运用公法和私法手段,形成反性骚扰的法律体系。     

Selective Sexual Harassment: Differential Treatment of Similar Groups of Women Workers

If male workers categorize different groups of women coworkers and, subsequently, treat them differently, the experiences of women from one of these groups would not be indicative of the experiences of women from another group. When this different treatment involves hostile environment sexual harassment of one group, but not the other, then the law must recognize the possibility of "selective sexual harassment." Without this understanding of the nuances of the workplace dynamics, a court could mistake the women of the unharassed group as representing "reasonable women" and the women of the harassed group as simply oversensitive. This paper draws on empirical data to demonstrate such a situation and advocates for a version of the "reasonable victim" standard to facilitate a closer analysis of hostile environment sexual harassment suits.     

Here comes the judge: the influence of judge personal characteristics on federal sexual harassment case outcomes

This study explored the effects of judges' personal characteristics (gender, race, age, and political affiliation) and case characteristics on the outcomes of federal cases of hostile environment sexual harassment. Results revealed that even after controlling for the effects of relevant case characteristics (e.g., severity of the harassment), judges' personal characteristics influenced case outcomes. Specifically, younger judges and Democrat judges were more likely to find for the plaintiff (the alleged victim of harassment). The probability that the decision would favor the plaintiff was only 16% when the case was heard by an older judge but 45% when heard by a younger judge. The probability that the decision would favor the plaintiff was only 18% when the case was heard by a judge who had been appointed by a Republican president but 46% when the judge had been appointed by a Democrat president.