Civil Code defines, bans sexual harassment
The civil code’s draft section on personality rights is submitted to the Standing Committee of the National People’s Congress for its first reading.
The draft clarifies that those alleged to have sexually harassed others through word or deed, or by taking advantage of their position, will be subject to potential civil action if they are sued by their victims.
The document is submitted to the NPC Standing Committee for a third reading. This time, schools, businesses and government departments are highlighted among employers who should take measures to deal with sexual harassment. The word “workplace” is removed from the document because lawmakers think sexual harassment in unequal relationships may also happen in other places. definition will make the crackdown on such misconduct more accurate and effective,” he said.
“As a fundamental law, the civil code should play a leading role in regulating people’s basic civil rights and duties, and give definite ‘yes’ or ‘no’ answers to some of the problems frequently seen in people’s daily and working lives.”
Although there is no official English-language version, the definition given may be paraphrased as: The civil code stipulates that sexual harassment means unwanted sexual behavior through words, written messages and images, or by abuse of social or work positions.
The code demands that government agencies, private businesses and schools take effective measures to prevent such misconduct and open channels to receive reports from people alleging harassment.
Committing sexual harassment by taking advantage of position is a global issue, and usually high-profile cases make headlines and prompt public outrage.
China is no exception. As the #MeToo movement gained momentum globally, younger Chinese women began speaking out about sexual harassment, especially acts committed on college campuses.
At the third full session of the 13th NPC, which ended on Thursday, deputies discussed the subject and welcomed the definition of sexual harassment in the civil code.
Before she attended the session in Beijing, Fu Yuhang, an NPC deputy from Sichuan, had been following a case at a middle school in her hometown.
“What parents care about most is our children’s safety on campus. I’m delighted to see that the code has attached importance to that point and is urging schools to take action when students are sexually harassed,” she said. “The good thing is that through gender equality the code allows victims of sexual harassment to protect their civil rights,” the environmental engineer said.
She said she was delighted with the inclusion of sexual harassment in the code, as equal protection is essential in solving such problems.
She praised the civil code’s clarification of the responsibilities of schools, government agencies and businesses, saying it will make the prevention of sexual harassment more practical.
Li Zongsheng, an NPC deputy from Liaoning province, believes that explicitly banning sexual harassment via unequal relationships is a strong legal response to a growing concern.
“The legislation must explain firmly what is allowed and what is opposed. Otherwise, law enforcement departments will become lost and unable to safeguard people’s rights on the body and health,” she said.
Lyu, the lawyer, said, “The nature of unequal relationships is unequal power, so I think the content in the code should be extended to include imbalances in a number of other places, including social associations and organizations.
“In other words, different educational backgrounds, differences in social status and a large age gap could also result in unequal relationships.”
Lyu said that in recent years his firm has provided consulting services and legal aid for many people who have alleged sexual harassment, mostly acts committed on campuses.
“Some college teachers harassed female students by demanding sexual favors for helping them revise papers or for suggesting job opportunities,” he said, adding that the circumstances caused mental anguish.
“The victims wanted to fight, but they were hesitant to do so because of the pressure of seeking work and writing essays.”
In addition to civil liability, sexual harassers will also be exposed and punished under the criminal law if their behavior constitutes a serious offense, such as sexual abuse, molestation or rape.
“Despite that, the challenges facing victims in terms of reporting attacks, filing cases, self-protection, winning lawsuits and obtaining compensation will still exist for a long time, especially in civil disputes. That’s because they will have to prove to police and judges that they have been sexually harassed. Collecting such evidence has never been an easy task,” Lyu said.
“For example, if a girl is unexpectedly kissed or touched by a teacher after being called into an empty office or classroom, it is extremely hard for her to prevent the sudden physical contact, let alone record it on a cellphone as evidence. Meanwhile, it’s not possible for students to install cameras in private places,” he added.
“When we encourage victims to
I’m happy that the civil code is providing a solution to sexual harassment, which has long been a major problem.
The All-China Women’s Federation has called for the top legislative body to address the problem and made several suggestions about the issue. This time, we received an answer.
As well as highlighting the ban on such misconduct, the code clarifies the responsibilities of schools, businesses and government departments in a way that is more practical and specific than any other regulation. I believe this will contribute to the protection of victims and build better environments for work and study.
Highlighting the ban on sexual harassment in the code shows the country’s determination to fight such misconduct, to better protect personality rights and respond to hot issues among the public. Clarifying the responsibilities of entities such as schools and companies is essential, as that can provide victims of sexual harassment with channels to report such activity and also safeguards them by taking urgent measures to prevent misconduct from the start.
Some people who are sexually harassed by their bosses or teachers often stay silent because they are afraid of these powerful people. If the victims were to speak out, they might face difficulties in their job or education careers. However, that silence sometimes aggravates sexual harassment, so it’s essential to support the victims by rule of law and by clearly marking the responsibilities of schools, companies and government agencies — where sexual harassment via the abuse of power often happens — to prevent such misconduct.
August 2019
CAO YIN
call the police if they have been sexually harassed, we should do more to guide them to save related text messages and chat records on instant messaging tools, such as WeChat and QQ, as evidence.
“Evidence will be their strongest support if they want to file a case and win the subsequent proceedings.”
Xu agreed with Lyu’s view. “Sexual assault, abuse or rape may leave some physical record, including semen stains, scratch marks or injuries caused by struggling, which can be collected by investigators and used as evidence in a criminal case,” he said.
“But in civil cases, victims must show the court how the misconduct happened. That will be difficult for those who lack experience.”
As a result, the lawyers said more must be done to show women how to defend themselves against sexual attacks and also to ensure that known offenders are denied access to potential victims.
“A database of sexual abusers should be built and disseminated nationwide as quickly as possible, as a way of preventing people with a record of sexual offenses from entering schools or being employed in the education sector,” Lyu said.