Sexism at work : inseparable from harassment at work ?

Commission on the Status of Women (CSW)

(2020) 64th Session. Political Declaration adopted on the occasion of the twenty-fifth anniversary of the Fourth World Conference on Women. Commission on the Status of Women.

(2015) 59th Session. Political Declaration on the occasion of the twentieth anniversary of the Fourth World Conference on Women. Commission on the Status of Women.

(2000). 23rd Special Session of the General Assembly. United Nations General Assembly.

(1995). 1995 Beijing Declaration and Platform for Action. United Nations General Assembly.

Office of the United Nations High Commissioner for Human Rights

(2017). General Recommendation No. 35 on gender-based violence against women, updating General Recommendation No. 19 adopted by the Committee on the Elimination of Discrimination against Women.

(1999). Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

(1993). Vienna Declaration and Programme of Action.

(1993). Declaration on the Elimination of Violence against Women.

(1992). General Recommendation No. 19: Violence against women adopted by the Committee on the Elimination of Discrimination against Women (11th session).

(1979). Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

(1958). Discrimination (Employment and Occupation) Convention (No. 111).

International Labour Organisation (ILO)

(2019). Violence and Harassment Convention (No. 190) adopted by the International Labour Conference at its 108th Session, Geneva, 21 June 2019 (C190).

(2019). Recommendation (No. 206) concerning the elimination of violence and harassment in the world of work, adopted by the International Labour Conference at its 108th Session, Geneva, 21 June 2019.

Council of Europe and the Parliamentary Assembly of the Council of Europe (PACE)

(2019). Recommendation CM/Rec(2019)1 on preventing and combating sexism adopted by the Committee of Ministers of the Council of Europe on 27 March 2019.

(2019). Resolution 2274 (2019) et Recommendation 2152 (2019) “For parliaments free of sexism and sexual harassment”. Parliamentary Assembly of the Council of Europe (PACE).

(2019). Resolution 2289 (2019) on The Istanbul Convention on violence against women: achievements and challenges. Parliamentary Assembly of the Council of Europe (PACE).

(2016). Resolution 2120 (2016) on “Women in the armed forces: promoting equality, ending gender-based violence”. Parliamentary Assembly of the Council of Europe (PACE).

(2011). Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).

Council of the European Union and European Parliament

(2020). Proposal for a COUNCIL DECISION authorising Member States to ratify, in the interests of the European Union, the Violence and Harassment Convention, 2019 (No 190) of the International Labour Organisation.

(2018). Measures to prevent and combat psychological and sexual harassment in the workplace, in public spaces and in political life in the Union (2018/2055(INI)).

(2017). European Parliament resolution of 26 October 2017 on combating sexual harassment and abuse in the European Union (2017/2897(RSP)).

(2015). European Parliament resolution of 25 November 2015 on the EU strategic framework for health and safety at work (2014-2020) (2015/2107(INI)).

(2012). Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of crime victims and replacing Council Framework Decision 2001/220/JHA.

(2007). Communication from the Commission to the Council and the European Parliament transmitting the European framework agreement on harassment and violence at work (COM(2007) 686 final).

(2006). Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).

(2004). Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between women and men in the access to and supply of goods and services.

(2000). Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

(2000). Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

(1991). Commission Recommendation of 27 November 1991 on the protection of the dignity of women and men at work (92/131/EEC).

 European social dialogue

(2007). European Framework Agreement on Harassment and Violence at Work.

The Belgian political system is based on federalism. Powers are divided between a central authority, the federal state, and federated entities (regions and communities). The federal state and the federated entities are placed on an equal footing: each has a government and a parliament that are competent for the matters that have been assigned to them. In view of this functioning, the legal provisions concerning sexual harassment emanate from these different levels of power.

Federal level

(2016). Act of 1 March 2016 assenting to the Council of Europe Convention on preventing and combating violence against women and domestic violence, done in Istanbul on 11 May 2011 (1)(2)(3).

(2016). Law of 29 February 2016 supplementing and amending the Social Criminal Code and containing various provisions on social criminal law.

(2014). Royal Decree of 10 April 2014 on the prevention of psychosocial risks at work.

(2014). Act of 22 May 2014 to combat sexism in the public space and to amend the Act of 10 May 2007 to combat discrimination between women and men in order to penalise the act of discrimination.

(2014). Act of 28 March 2014 amending the Judicial Code and the Act of 4 August 1996 on the welfare of workers during the performance of their work with regard to legal proceedings.

(2014). Act of 28 February 2014 supplementing the Act of 4 August 1996 on the well-being of workers during the performance of their work with regard to the prevention of psychosocial risks at work including, in particular, violence and moral or sexual harassment at work.

(2014). Act of 22 May 2014 amending the Act of 10 May 2007 on combating discrimination between women and men in order to extend it to gender identity and gender expression.

(2007). Law of 10 May 2007 to combat discrimination between women and men. 

(2007). Act of 12 January 2007 to monitor the implementation of the resolutions of the World Conference on Women held in Beijing in September 1995 and to integrate the gender dimension into all federal policies.

(1996). Law of 4 August 1996 on the well-being of workers during the performance of their work. (Amended by the Acts of 28 February 2014 and 28 March 2014, see above).

Penal Code, Chapter IVbis, Articles 442bis and 442ter.

Social Penal Code, Chapter I, Articles 119 to 122.

Code on well-being at work, Book 1, Title 3 on the prevention of psychosocial risks at work.

(1999). Collective labour agreement no. 72 of 30 March 1999 concerning the management of work-related stress prevention.

Flanders

(2018). Decree of 18 May 2018 amending article 24 of the decree of 10 July 2008 on the framework of the Flemish equal opportunities and treatment policy.

(2013). Decree of 29 November 2013 assenting to the Council of Europe Convention on preventing and combating violence against women and domestic violence and its annex, done at Istanbul on 11 May 2011 and signed at Strasbourg on 11 September 2012 (1)

(2008). Decree of 10 July 2008 on the framework of the Flemish equal opportunities and treatment policy.

Brussels-Capital Region

(2017). Order of 5 October 2017 to combat certain forms of discrimination and promote equal treatment.

(2015). Ordinance of 2 July 2015 assenting to the Council of Europe Convention on preventing and combating violence against women and domestic violence, done in Istanbul on 11 May 2011 (Commission Communautaire de Bruxelles-Capitale)

(2015). Ordinance of 19 March 2015 assenting to: the Council of Europe Convention on preventing and combating violence against women and domestic violence, done at Istanbul on 11 May 2011 (1) (Brussels Capital Region)

Walloon Region

(2019). Order of 21 March of the Walloon Government inserting a Title VIII into Book II of the second part of the Walloon Regulatory Code of Social Action and Health relating to the approval and subsidisation of services and support mechanisms for violence between partners and gender-based violence

(2018). Decree of 1 March 2018 inserting a Title VIII into Book I of the Second Part of the Walloon Code of Social Action and Health relating to the approval of services and facilities to support violence between partners and gender-based violence (1)

(2014). Decree of 13 March approving the Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted by the Council of Europe Committee of Ministers on 7 April 2011

(2012). Decree of 12 January 2012 amending the decree of 6 November 2008 on the fight against certain forms of discrimination.

(2008). Decree of 6 November 2008 on the fight against certain forms of discrimination.

French Community

(2019). Decree of 3 May 2019 on combating violence against women

(2015). Decree of 13 November 2015 amending the decree of 12 December 2008 on the fight against certain forms of discrimination.

(2014).Decree of 27 February 2014 approving the Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted by the Committee of Ministers of the Council of Europe on 7 April 2011 (1)

(2008). Decree of 12 December 2008 on the fight against certain forms of discrimination.

German-speaking community

(2014). Decree of 6 May 2014 assenting to the Council of Europe Convention on preventing and combating violence against women and domestic violence, done in Istanbul on 11 May 2011 (1)

(2012). Decree of 19 March 2012 aimed at combating certain forms of discrimination.

(2018). Law n° 2018-703 of 3 August 2018 reinforcing the fight against sexual and gender-based violence.

(2015). Law No. 2015-994 of 17 August 2015 on social dialogue and employment. 

(2014). Law No. 2014-873 of 4 August 2014 for real equality between women and men.

(2012). Law 2012-954 of 6 August 2012 on sexual harassment.

(2008). Law No. 2008-496 of 27 May 2008 containing various provisions for adapting to Community law in the field of anti-discrimination. 

Penal Code, Articles 222-33 and 222-50-1.

Labour Code, Articles L4121-1, L4121-2, L. 1151-1, L.1152-1, L. 1153-1 et seq, L1154-1.