Words not enough to win harassment fight
- China’s guide to employers on eradicating sexual abuse in the workplace calls for effective laws and enforcement if it is to be meaningful
Five years after the #MeToo social movement took off in America against a workplace and campus culture of sexual harassment, abuse and rape, it can seem that not much has changed. Justice for the victims of disgraced Hollywood mogul Harvey Weinstein is still winding its way through the US courts and protection from predators remains an abiding theme of International Women’s Day.
Cases in point are recent further convictions of Weinstein for rape and sexual assault, and China’s release on International Women’s Day earlier this month of a guide to employers on eradicating sexual harassment in the workplace.
Such harassment is a menace encountered in all walks of life, not just the workplace. Abuse on campus, for example, has been a concern on the mainland for many years, highlighted by the dismissal last year of two teachers for sexually harassing students at different universities, where young students make easy targets.
China’s workplace guide, issued by the Supreme People’s Court and five government agencies including the Ministry of Human Resources and Social Security, is for reference when establishing a workplace system or drafting employment contracts, for example. According to Yao Junchang, a specialist in labour law, this is the first time China has issued anything so specific in targeting harassment of women in the workplace. He expects it to have a practical impact because it is to be issued in many government agencies.
That said, such reference texts are not legally binding and lack authority, though they can provide guidance and interpretation of laws and regulations. As a result, the guide has received a mixed reaction from activists. Sexual harassment cases worldwide are challenging because proof can be difficult to establish.