Pioneer Legislation on Second Order of Sexual Harassment: Sociolegal Innovation in Addressing Sexual Harassment

Ana Vidu,Gema Tomás,Ramon Flecha

doi:10.1007/s13178-021-00571-0

Abstract

BackgroudCountless efforts to combat sexual harassment have been proposed, and for the first time in history, the second order of sexual harassment (SOSH) has been legislated under the term second-order violence (SOV) by a unanimous vote of the Catalan Parliament. Advances in preventing and responding to sexual harassment contribute to highlighting the intervention as being crucial to supporting survivors against retaliation. A lack of support provides a general explanation on why bystanders tend not to intervene and highlights the reality that reprisals are suffered by those who support victims.MethodsFrom the existing knowledge about sexual harassment prevention and response mechanisms, this paper analyzes scientific evidence through a review of the literature published in databases, as well as legislation, reports, and other materials.ResultsThe context that enables SOV legislation is grounded in three realms: (1) bystander intervention and protection, (2) the role of support networks in protecting survivors, and (3) awareness and legislation of SOSH. An active bystander refers to the involvement of someone who is aware of potential sexual harassment situations.ConclusionsThe lack of legislation against SOSH limits bystander intervention and support; therefore, legislating protection for supporters has become urgent and necessary. Legislating SOSH has great social implications because gender equality cannot be fully achieved if bystander protection is not legally considered. Policy Implications: As no legal system has previously contemplated SOSH, its pioneering parliamentarian approval and establishment by Catalan law constitute a legal key innovation for the field of gender and women’s studies. In fact, evidence reported here are important in developing further regulations and policy.Policy ImplicationsAs no legal system has previously contemplated SOSH, its pioneering parliamentarian approval and establishment by Catalan law constitute a legal key innovation for the field of gender and women’s studies. In fact, evidence reported here are important in developing further regulations and policy.

Highlights

Gender-based violence (GBV) still constitutes a challenging reality in our society, and efforts to overcome it are continuously increasing (UN Women, 2018)
While much attention is given to direct victims, the reality of second-order sexual harassment victims is rarely studied
A satisfactory legal consideration for this concept embraces the importance of including second-order violence (SOV) in legislative concepts and supporting a more egalitarian society

Summary

Introduction

Gender-based violence (GBV) still constitutes a challenging reality in our society, and efforts to overcome it are continuously increasing (UN Women, 2018). World Health Organization (WHO, 2017) estimated that the number of women around the world who have suffered some type of physical or sexual violence throughout their lives is 35% (1 in 3). The organization considers violence against women in its broadest aspects, sexual violence, as a major violation of women’s human rights. Research has shown that sexual violence should be addressed from different aspects since it occurs in several spaces and at the workplace (Richman et al, 1999). We are in a historical social moment considering the recognition of GBV across social spheres and the intervention approaches and improvements (National Academies of Sciences, Engineering, and Medicine, 2018). Efforts have been made to achieve efficient mechanisms to prevent and respond to this problem

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