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Legal Ways to Counter Harassment in the Workplace

Student: Dekhtyarenko Anastasia

Supervisor: Fatima Dzgoeva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The graduation work is devoted to the study of the phenomenon of harassment in the workplace, the topic of which began to attract a lot of attention due to the raising of the issue of tolerance by the world community. The topic of harassment in the workplace attracted special attention in 2017 on the occasion of the high-profile scandal with Harvey Weinstein, who has been accused of committing sexual harassment to his subordinates for 30 years. It examines the most pressing problems associated with violence in the workplace, reveals the term "harassment", its forms, which will help to avoid their misinterpretation by both the legislator and the parties to labor relations. Moreover, in the Russian reality the word “harassment” is not known to the overwhelming majority of citizens, and the term “sexual harassment” does not cover many forms of harassment. The aim of the thesis is to conduct a comprehensive scientific analysis of the problems in the field of harassment in the workplace and to identify ways to combat this phenomenon. In the course of the study, a number of conclusions and proposals were formulated. First, despite the controversial socio-psychological attitude of many scientists, practitioners and legislators to the problem of labor relations, harassment poses a significant social danger and a huge number of negative consequences for the state, labor relations, economic efficiency in general and human health in particular. Therefore, there are sufficient grounds for administrative and criminal criminalization of this phenomenon. Secondly, most of the considered forms of harassment do not fall under the concept of "sexual harassment" established in the Russian legal tradition and under other existing criminal and administrative structures. Third, harassment can manifest itself in verbal, non-verbal, electronic and visual forms of appearance, from inappropriate jokes and comments about the appearance to blackmail, sexual coercion and violence. At the moment, the legal set of anti-harassment remedies should solve a problem that exacerbates factors such as historical context and mentality, which causes conflicts in these topics of various societies. The rati of ILO Convention No. 190 would be an excellent start to speed up the process. Such ratification would entail logical changes in labor, administrative and criminal law. Moreover, the solution to the problem of harassment is the direct responsibility of Russia under Art. 2 and Art. 21 of the Constitution of the Russian Federation and the ratified International Covenant on Economic, Cultural Rights and Rights against Women.

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