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Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks

BACKGROUND: China has recently upgraded its anti-sexual harassment laws and regulations. The first-ever Chinese Civil Code, which took effect in 2021, has explicitly defined sexual harassment and imposed affirmative duties on employers to prevent and correct work-related sexual harassment. This stud...

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Autor principal: Wang, Hao
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Frontiers Media S.A. 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9548627/
https://www.ncbi.nlm.nih.gov/pubmed/36225785
http://dx.doi.org/10.3389/fpubh.2022.1000488
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author Wang, Hao
author_facet Wang, Hao
author_sort Wang, Hao
collection PubMed
description BACKGROUND: China has recently upgraded its anti-sexual harassment laws and regulations. The first-ever Chinese Civil Code, which took effect in 2021, has explicitly defined sexual harassment and imposed affirmative duties on employers to prevent and correct work-related sexual harassment. This study aims to map the status quo of China's anti-sexual harassment legal system and explore its progress and limits in dealing with workplace sexual harassment. METHODS: We reviewed China's anti-sexual harassment laws at the national, provincial, and municipal levels and observed how they were enforced in courts. All judicial cases of workplace sexual harassment published by Chinese courts between January 2021 and June 2022 were examined. From a comparative law perspective, we then identified the progress and drawbacks of China's legislative and judicial responses to workplace sexual harassment. RESULTS: China's current anti-sexual harassment legal system, while have made commendable progress, has its drawbacks: the definition of sexual harassment remains to be clarified and expanded to make it clear that sexual harassment is a form of gender discrimination and can include hostile environment harassment that is not directed against a specific person; the employer's obligations to prevent and correct sexual harassment need further delineation; employers lack guidelines for establishing a fair and effective grievance procedure; the difficulty of proving sexual harassment in litigation remains unsolved; the employer liability doctrine for sexual harassment lacks clarity; workers not in a traditional employment relationship receive inadequate legal protection from work-related sexual harassment. CONCLUSIONS: The issues mentioned above merit consideration in China's future law revisions and judicial practice. In China and other societies where gender inequality remains high, it is recommended to regulate sexual harassment as a form of discrimination and to set clear compliance standards for employers in preventing and correcting sexual harassment.
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spelling pubmed-95486272022-10-11 Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks Wang, Hao Front Public Health Public Health BACKGROUND: China has recently upgraded its anti-sexual harassment laws and regulations. The first-ever Chinese Civil Code, which took effect in 2021, has explicitly defined sexual harassment and imposed affirmative duties on employers to prevent and correct work-related sexual harassment. This study aims to map the status quo of China's anti-sexual harassment legal system and explore its progress and limits in dealing with workplace sexual harassment. METHODS: We reviewed China's anti-sexual harassment laws at the national, provincial, and municipal levels and observed how they were enforced in courts. All judicial cases of workplace sexual harassment published by Chinese courts between January 2021 and June 2022 were examined. From a comparative law perspective, we then identified the progress and drawbacks of China's legislative and judicial responses to workplace sexual harassment. RESULTS: China's current anti-sexual harassment legal system, while have made commendable progress, has its drawbacks: the definition of sexual harassment remains to be clarified and expanded to make it clear that sexual harassment is a form of gender discrimination and can include hostile environment harassment that is not directed against a specific person; the employer's obligations to prevent and correct sexual harassment need further delineation; employers lack guidelines for establishing a fair and effective grievance procedure; the difficulty of proving sexual harassment in litigation remains unsolved; the employer liability doctrine for sexual harassment lacks clarity; workers not in a traditional employment relationship receive inadequate legal protection from work-related sexual harassment. CONCLUSIONS: The issues mentioned above merit consideration in China's future law revisions and judicial practice. In China and other societies where gender inequality remains high, it is recommended to regulate sexual harassment as a form of discrimination and to set clear compliance standards for employers in preventing and correcting sexual harassment. Frontiers Media S.A. 2022-09-26 /pmc/articles/PMC9548627/ /pubmed/36225785 http://dx.doi.org/10.3389/fpubh.2022.1000488 Text en Copyright © 2022 Wang. https://creativecommons.org/licenses/by/4.0/This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
spellingShingle Public Health
Wang, Hao
Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title_full Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title_fullStr Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title_full_unstemmed Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title_short Legislative and judicial responses to workplace sexual harassment in mainland China: Progress and drawbacks
title_sort legislative and judicial responses to workplace sexual harassment in mainland china: progress and drawbacks
topic Public Health
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9548627/
https://www.ncbi.nlm.nih.gov/pubmed/36225785
http://dx.doi.org/10.3389/fpubh.2022.1000488
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