Indicator 12: Existence of legal framework that offers women legal protection from harassment in the public space

The penal code prohibits sexual harassment in the public space and in workplace under article 341, which is related to committing a “public indecency” and is punished by imprisonment and a fine. The labour law does not prohibit sexual harassment in the work place.

Law No. 50 of 2014 amended the penal code articles 306 (a) and 306 (b) to introduce penalties for sexual harassment in the public space, including imprisonment which provides that individuals who carry out sexual or “obscene gestures” in any manner, including by modern means of communication, will be punished with a term of imprisonment or a fine. The labour law does not prohibit sexual harassment in the work place.

The concept of sexual harassment is not mentioned clearly in the penal code and is mainly restricted to the offenses of “inappropriate and indecent acts of sexual nature”, whereas article 305 states that “an indecent act of sexual nature is punishable by one month to two years if inflicted on a person under 18 years of age, male or female, b. a woman or a girl over 18 but without her consent.

Article 306 bis increased penalties for “inappropriate and indecent acts of sexual nature if committed by one of the victim’s legal guardians, or any person with legal power or authority over the victim, or if the victim is a physically or mentally incapacitated male or female, unable to resist, or was deceived”. The labour law also prohibits sexual harassment in the work place. The law allows an employee to resign from work without notice if the employee has been a victim of a sexual assault perpetrated by the employer or the employer’s representative. However, it does not grant this right if the assault is committed by another co-worker in the workplace.

The penal code includes punishment of some “indecent acts” of harassment in public spaces. The labour law does not criminalize harassment in the workplace. A new law criminalizing sexual harassment in the workplace was adopted in December 2020. The law includes maximum penalties for harassment in the work place, public institutions or educational facilities. Perpetrators of harassment can be sentenced to up to two years in prison and fined up to 20 times the value of the minimum wage, which is $450.

The law on combating violence against women (article 503) prohibits sexual harassment of women in public places. The sentence is increased if the perpetrator is a work colleague or a security agent entrusted with “keeping order in public spaces and such,” or one of the victim’s legal guardians, or any person with power and authority over the victim, or a person entrusted with the victim’s care, or if the victim is minor. The labour law also prohibits sexual harassment and provides that an employee can claim unfair dismissal if the employee has to leave employment because of serious misconduct by the employer or the head of the company, including as a result of any form of violence or aggression against the employee, sexual harassment, or incitement to indecent conduct.

The penal code criminalizes unwanted sexual conduct under article 305 which covers harassment of women in public places. The labour law does not clearly prohibit harassment of women. Under the labour law of 2000, discrimination in the workplace between men and women is prohibited. However, the labour law does not include any specific prohibition on sexual harassment or other forms of gender-based violence in the workplace.

The law on eliminating violence against women prohibits sexual harassment of women in public places. The penal code criminalizes sexual harassment in general, whether it is committed public, private, or workplace. (Article 226 (3)) The labour law does not criminalize sexual harassment in the workplace.