Author Topic: SHANGHAI’S ANTI-SEXUAL HARASSMENT BILL VERSUS RA 7877  (Read 765 times)

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SHANGHAI’S ANTI-SEXUAL HARASSMENT BILL VERSUS RA 7877
« on: December 05, 2016, 02:32:34 PM »
SHANGHAI’S ANTI-SEXUAL HARASSMENT BILL VERSUS RA 7877
By Atty. Esther Gertrude Dompor Biliran
October 29, 2006 The Bohol Standard

In our elementary years, China was dubbed a “Sleeping Giant.”

Now, it is sleeping no more, as the country has progressed at a kilometric pace.

The country has developed not only in terms of business and infrastructure. It is also starting to mature in terms of recognition of human rights, including the rights of women, through legislation.

One such soon-to-be law is the anti-sexual harassment bill which is presently being deliberated upon in Shanghai, the country’s premier financial center.

While “sexual harassment” is mentioned in China's national laws, they fail to specify what constitutes such behavior.

The proposed Shanghai bill could set a legal precedent as it would be China's first legal statute that defines “sexual harassment” towards women.

In the Shanghai bill, “sexual harassment” includes sexually suggestive language even if used in jest, e-mailing or text-messaging of sexual pictures, unwanted advances and public groping or inappropriate touching of a woman on a bus or in the street, deliberate steering of a conversation towards sex, or prying into others' sex lives.

Using obscene words and displaying pictures or videos that make a woman feel physically or mentally uncomfortable is also considered sexual harassment.

The bill is so comprehensive that it likewise addresses the issue of domestic violence.

Last year, the Shanghai Women's Federation reportedly received 1,279 reports of domestic violence but only a small percentage of victims had the courage to speak out.

The new law is aimed to encourage women to protect themselves by legal means.

The Shanghai bill is a lot more far-reaching than our country’s Republic Act 7877 or the Anti-Sexual Harassment Act enacted in 1995.

While the Shanghai bill includes acts committed in the streets and public utilities, or even through text messages or e-mail, RA 7877 is limited to acts committed in the workplace, in an education environment, or a training environment.

While the Shanghai bill includes unwanted sexual acts committed by any person, RA 7877 limits perpetrators to employers, employees, managers, supervisors and their agents, teachers, instructors, professors, coaches, trainors, or persons who have authority, influence or moral ascendancy over the victim.

While advocates argue otherwise, the law appears to be likewise limited in terms of the acts comprising “sexual harassment.”

Under RA 7877, there must be a demand, request, or requirement for a sexual favor. Such demand, request or requirement must be made as a condition in the hiring or employment/re-employment of the victim, or in the case of the education or training environment, in the giving of a passing grade or granting of honors or scholarships to the student or trainee; or, must impair the employee’s rights or privileges under the labor law; or, must result in an intimidating, hostile or offensive environment for the employee, student or trainee.

On the other hand, the Shanghai bill makes no such requirements. It is enough that the perpetrator makes an unwanted sexual advance against the victim.

The stringent requirements in our law have enabled many sexual harassers to get off the hook.

A case in point is that recently filed by several female dentists against a military officer. According to the military officer’s lawyer, the case of the dentists is weak because there is no showing that there was a demand, request or requirement for a sexual favor which is made as a condition to the hiring/re-employment of the dentists.

Of course, we could always argue that the sexual act itself is more eloquent than a demand, request or requirement for a sexual favor. If a mere demand, request or requirement for a sexual favor is punishable by RA 7877, with more reason should the unwanted sexual act itself be punishable, even if not demanded, requested, or required of.

Moreover, the military officer’s lawyer should take note that it is not necessary that such demand, request or requirement for a sexual favor is made as a condition to the employment of the dentists if such demand, request or requirement (or sexual act, as may be argued by advocates) results in an intimidating, hostile or offensive environment for the dentists.

It is a matter of argument, though. If the investigating prosecutor is a stickler for the letter of the law, the complaint against the military officer is doomed. However, if the investigating prosecutor appreciates the spirit of the law, there may be hope for the female dentists.

Either way, our national law is so restrictive that it has become less helpful to women than intended. We should learn from the Shanghai bill (which is soon to be law) and come up with a more exhaustive anti-sexual harassment law.

For the meantime, I suggest that victims instead file a complaint for Acts of Lasciviousness against sexual predators, as this law does not set the same constraints as RA 7877.

(Congrats to Carlo Arenas and Dale Rose Abapo, the baby of Ma’am Yeye and Sir Tommy, who tied the knot yesterday..)

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