HARASSMENT SEXUAL and otherwise

Has anyone noticed an increase in all kinds of harassment specifically in the workplace but also in the wild western web and social media?

The UAE has very specific and detailed sections of the law with hefty fines and incarceration for sexual harassment.

”SEXUAL HARASSMENT shall imply extreme discomfort of others by repeating acts, words, or signals that would molest them, with the purpose of pressing them to comply with their sexual wants or the desires of others, according to the UAE penal code.”

What constitutes sexual harassment and sexual assault?

SEXUAL HARASSMENT

  1. Sexual harassment is a broad term that covers all forms of unwelcome attention regarding agenda. In contrast, sexual assault describes any physical, sexual contact or behaviour that a person experiences without consent.

2. Sexual harassment typically violates UAE civil laws (a person has the right to go about their business without fearing harassment from any quarter). In contrast, sexual assault violates criminal statutes and is regarded as a criminal act.

SEXUAL ASSAULT

  1. Non-consensual penetration of the victim’s body, also known as rape.

2. Attempting to have non-consensual penetration with the victim.

3. Forcing a person to carry out sexual acts, e.g., oral sex and other sexual acts.

4. Unwanted sexual contact of any kind, e.g., fondling

UAE LAWS RELATED TO SEXUAL HARASSMENT

  1. UAE laws on sexual harassment can be found in the Penal code: Federal Law Number 3 of 1987. Articles 358 and 359 of this law details the law’s definition of sexual harassment and the applicable punishments.

2. In times past, UAE and Dubai had considered “sexual harassment” a crime against women and had laws drafted in that light. However, the term was recently broadened to include men as victims, and changes in the law reflect this position (Law Number 15 of 2020). So male and female victims of sexual harassment are now treated equally.

3. The amendment expanded the legal definition of sexual harassment to include repetitively harassing actions, words or even signs. It also includes actions targeted at coaxing the recipient into responding to the harasser’s sexual desires or those of another person. Additionally, the amendment introduced stiffer penalties for sexual harassment.

POLICIES & PROCEDURES

UAE Government entities have SOP’s to address this and other aspects of harassment however many private companies including international ones do not and even if they do they do not necessarily take into account UAE Law which supersedes the law of the country that the company originates from.

”SEXUAL HARASSMENT shall imply extreme discomfort of others by repeating acts, words, or signals that would molest them, with the purpose of pressing them to comply with their sexual wants or the desires of others, according to the UAE penal code.”

What constitutes sexual harassment and sexual assault?

SEXUAL HARASSMENT

  1. Sexual harassment is a broad term that covers all forms of unwelcome attention regarding agenda. In contrast, sexual assault describes any physical, sexual contact or behaviour that a person experiences without consent.

2. Sexual harassment typically violates UAE civil laws (a person has the right to go about their business without fearing harassment from any quarter). In contrast, sexual assault violates criminal statutes and is regarded as a criminal act.

SEXUAL ASSAULT

  1. Non-consensual penetration of the victim’s body, also known as rape.

2. Attempting to have non-consensual penetration with the victim.

3. Forcing a person to carry out sexual acts, e.g., oral sex and other sexual acts.

4. Unwanted sexual contact of any kind, e.g., fondling

UAE LAWS RELATED TO SEXUAL HARASSMENT

1. UAE laws on sexual harassment can be found in the Penal code: Federal Law Number 3 of 1987. Articles 358 and 359 of this law details the law’s definition of sexual harassment and the applicable punishments.

2. In times past, UAE and Dubai had considered “sexual harassment” a crime against women and had laws drafted in that light. However, the term was recently broadened to include men as victims, and changes in the law reflect this position (Law Number 15 of 2020). So male and female victims of sexual harassment are now treated equally.

3. The amendment expanded the legal definition of sexual harassment to include repetitively harassing actions, words or even signs. It also includes actions targeted at coaxing the recipient into responding to the harasser’s sexual desires or those of another person. Additionally, the amendment introduced stiffer penalties for sexual harassment.

POLICIES & PROCEDURES

UAE Government entities have SOP’s to address this and other aspects of harassment however many private companies including international ones do not and even if they do they do not necessarily take into account UAE Law which supersedes the law of the country that the company originates from.

To effectively prevent workplace harassment, the UAE law mandates several key provisions:

1. Human Resources Policies: Companies must establish clear policies and procedures to address harassment

2. Training and Awareness: Regular training sessions should be conducted to educate employees about their rights and the mechanisms available for reporting harassment

3. Support Systems: Employers should provide support systems for affected employees, such as counselling services

WHAT TO DO IF YOU WITNESS SEXUAL HARASSMENT OR ARE HARASSED YOURSELF

As a witness of a sexual harassment episode, you can do the following:

1. Stand up to the harasser: if you are sure that standing up to the harasser will not put you in harm’s way and may put a stop to the indecent act, please do so. However, you must be sure that taking on the harasser will not escalate the situation nor put you and the person being troubled or harassed in an untenable position.

    2. Cause a distraction: if you feel that a direct approach may be unsuitable for the situation, you may stop the incident by causing a distraction and focusing attention on yourself instead of the person being troubled and harassed. You may do this by asking a question, starting an unrelated conversation, or finding a reason to remove the person being hurt or harassed from the environment.

    3. Get someone else to intervene you may inform a supervisor, another colleague, or a person whose job is to handle such situations.

    4. Provide a shoulder on which to lean: if you cannot intervene while the harassment is going on, you can still support the ‘victim’ by acknowledging their hurt, empathising with them, and providing the support they need.

    5. Keep a record of the incident: this helps you accurately recall the harassment and provide evidence should the victim decide to file a complaint with the relevant authorities. Be that internally or externally.

    IMPORTANT CONSIDERATIONS

    Recogise that Cultural Awareness makes all the difference

    Know the local laws

    Consider how we represent and present ourselves

    Remember English is often the 2nd language for many of your colleagues not their first and their is nuance in everything. Words change meaning in different contexts

    All intelligence matters : emotional, social, generational, cultural adaptable and then AI

    STRATEGIES

    A. Always be alert and proactive

    B. Consider outcomes and be strategic but protect yourself

    C. Build your resilience

    D. Do not put yourself in potentially challenging situations

    E. Consider where you sit in meeting rooms

    F. Be the adult in the room [www.ericberne.com

    IN SUMMARY

    Harassment comes in many forms and is not to be tolerated at all. Whether it is sexual, verbal, physical, genderist, racist, ethnicism, religious, fattest, agist condescending or any kind of harassment the modus operandi is ZERO TOLERANCE.

    We are all human and continuously in a learning curve in this journey of life.

    NB.

    The authour has delivered workshops and discussion sessions in the past 20+ years here in UAE sadly due to harassment in the workplace. It is always better to be wise and proactive before any event as it creates a toxic and unsafe environment for all. And unpicking the toxic culture takes a lot of willing change. [CHANGE-MANAGEMENT.COM and the ADKAR Model

    Awareness, Desire, Knowledge, Adaptable & Actionable with reinforcement

    PLUS Adult : Adult behaviours

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