Netizens Looking Forward to the National Anti-sexual Harassment Law

作者:Spring Girl, October 10, 2008 2022-01-07

人民网北京1022日 中国妇女第十次全国代表大会召开在即,1500余名妇女代表将聚首北京,共商妇女事业发展大计。为此,人民网·中国妇联新闻网特推出“当代中国女性的十大期待”调查。调查的结果显示,44.36%的网友投选了“全国性反性骚扰专门立法早日出台”。

People's Daily Online, Beijing, October 22. the Tenth National Congress of Chinese women will be held soon. More than 1500 women representatives will gather in Beijing to discuss the development of women's cause. To this end, People's Daily Online · China Women's Federation news network specially launched the survey of ten expectations of contemporary Chinese women. The results of the survey showed that 44.36% of netizens voted for the introduction of national special legislation against sexual harassment as soon as possible.

 

“性骚扰”带有性侵犯特征的行为或以性为基础的其他行为

"Sexual harassment": acts characterized by sexual assault or other acts based on sex


指在工作中影响女性尊严、健康的带有性侵犯特征的行为或以性为基础的其他行为。它包括不受欢迎的人体、语言和非语言行为。它更多地是指上司、老板对下属、雇员等弱势对象的性交换、性要挟和性攻击。性骚扰制造了一种侮辱性、威胁性的工作生活环境,使相关妇女的精神、身体受到极大损害。

It refers to acts characterized by sexual assault or other acts based on sex that affect women's dignity and health at work. It includes unwelcome physically contacting, verbal, and nonverbal behaviors. It often refers to the sexual exchange, sexual coercion, and sexual attack of superiors and bosses on subordinates, employees, and other vulnerable objects. Sexual harassment creates an insulting and threatening working and living environment, which greatly damages the spirit and body of relevant women.


修法历程《妇女权益保障法》禁止对妇女实施性骚扰

Course of law revision: the law on the protection of women's rights and interests prohibits sexual harassment of women

 

1998年、1999年、2002年都有全国人大代表、政协委员在“两会”期间提出制定“反性骚扰法”的议案,结果都被否决。

In 1998, 1999 and 2002, deputies to the National People's Congress and members of the Chinese people's Political Consultative Conference proposed to formulate the anti-sexual harassment law during the two sessions, which were rejected.


20016月西安市出现我国进入法律程序的第一桩“性骚扰”案件以后,国内连续出现了十几起以性骚扰为诉因的诉讼,民众要求反性骚扰立法的呼声更为强烈。

Since the first case of sexual harassment that China entered the legal process appeared in Xi'an in June 2001, there have been more than a dozen lawsuits in China with sexual harassment as the cause of action, and the people's voice for anti-sexual harassment legislation is stronger.

 

200535日,全国人大常委会副委员长、全国妇联主席顾秀莲表示,禁止对妇女性骚扰已写入《妇女权益保障法》修订草案。

On March 5, 2005, Xiulian Gu, vice chairman of the Standing Committee of the National People's Congress and chairman of the all China Women's Federation, said that the prohibition of sexual harassment against women had been written into the revised draft of the law on the protection of women's rights and interests.


2005828日,全国人大常委会第十七次会议通过关于修改《妇女权益保障法》的决定,相关表述改为“禁止对妇女实施性骚扰。受害妇女有权向单位和有关机关投诉。” 这是我国妇女权益保障方面的基本法在实施13年后第一次修改。

On August 28, 2005, the 17th meeting of the Standing Committee of the National People's Congress adopted a decision on amending the law on the protection of women's rights and interests. The relevant expression was changed to "...prohibit sexual harassment of women. Victimized women have the right to complain to companies and relevant organizations." This is the first amendment to the basic law on the protection of women's rights and interests 13 years after its implementation.


2005121日,修订后的《妇女权益保障法》开始实施。

On December 1, 2005, the revised law on the protection of women's rights and interests came into force.


国外性骚扰法规联合国《消除对妇女暴力行为宣言》

Foreign sexual harassment regulations: United Nations Declaration on the elimination of violence against women

 

联合国为保障妇女权利,已经通过了有关保护妇女权利的公约18项和宣言5项。联合国在1993年通过的《消除对妇女暴力行为宣言》第2条第1款将“在工作场所、教育机构和其他场所的性骚扰”,及第3项 “国家纵容发生的身心方面和性方面的暴力行为”列入对妇女的暴力行为。

In order to protect women's rights, the United Nations has adopted 18 conventions and 5 declarations on the protection of women's rights. Paragraph 1 of Article 2 of the Declaration on the elimination of violence against women adopted by the United Nations in 1993 includes "...violence...at work, in educational institutions and elsewhere..." and item 3 "physical, sexual and psychological violence perpetrated or condoned by the State" in violence against women.

 

迄今为止,除了美国以外,已经有澳大利亚、加拿大、法国、比利时、西班牙等国家在法律中明确规定性骚扰属于应予禁止的非法行为,并进一步发展的反对性骚扰的成果。对于严重的性骚扰的行为,有的国家如加拿大、法国还将规定为妨害风化罪,西班牙等国将其归入侵犯性自由。

So far, in addition to the United States, Australia, Canada, France, Belgium, Spain, and other countries have clearly stipulated in their laws that sexual harassment is an illegal act that should be prohibited, and further developed the results of combating sexual harassment. For serious sexual harassment, some countries, such as Canada and France, will also stipulate it as a crime of impairing social order, and Spain and other countries will classify it as an invasion of sexual freedom.

 

网友期待成法要趁早,不要让性骚扰的潜规则泛滥成灾

Netizens expect that the law should be enacted as soon as possible and does not let the unspoken rules of sexual harassment become rampant.


IP:117.23.204.★ 关于反性骚扰、家庭暴力的立法早日出台

IP: 117.23.204. ★ legislation on anti-sexual harassment and domestic violence will be introduced as soon as possible


IP:222.73.108.★ 性骚扰的潜规则快泛滥成灾了,必须法德并惩

IP: 222.73.108. ★ the hidden rules of sexual harassment are becoming rampant, which must be punished by both law and morality


IP:121.9.213.★ 反性骚扰法要考虑到实施,按照“谁主张,谁举证”的原则,打赢官司很难。

IP: 121.9.213. ★ the implementation of the anti-sexual harassment law should be considered. According to the principle of "who claims, who provides evidence", it is difficult to win the lawsuit.


IP:61.164.142.★ 惩治“性骚扰”,保护广大妇女的权利是全社会的共同需要,“性骚扰”入法,这是第一步,另外还要出台具体的规定实施。

IP: 61.164.142. ★ punishing "sexual harassment" and protecting women's rights are the common needs of the whole society. The entry of "sexual harassment" into the law is the first step. In addition, specific provisions should be issued for implementation.


IP:121.9.244.★ 有了法律可依,即使不能马上给违法者定罪,但至少要让他们知道,性骚扰是法律所管辖的,他的不法行为是有人监控的,一旦被掌握了有关证据,就会遭到法律严惩。

IP: 121.9.244. ★ with the law to abide by, even if the offender cannot be convicted immediately, at least let them know that sexual harassment is governed by the law and their illegal behavior is monitored. Once the relevant evidence is mustered, they will be severely punished by the law.


IP:202.108.251.★ 针对 “性骚扰”必须设立一个法律上的界限并对之进行严格界定。在实施过程中,更要辅以道德约束和舆论谴责。

IP: 202.108.251. ★ a legal boundary must be established and strictly defined for "sexual harassment". In the process of implementation, it should be supplemented by moral restraint and public opinion condemnation.




 

(编辑:香苗)

来源:春风心理应激干预


(Editor: Xiangmiao)

Source: Spring Care Stress Intervention Center


来源:春风网

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