Harassment related to sex and sexual harassment law in 33 European Countries : discrimination versus dignity
One important aim of this general report is to investigate harassment as discrimination and how these EU-law provisions have been transposed into national law. Another aim is to investigate what – if any – the added value is of combating harassment related to sex and sexual harassment in the form of a prohibition of discrimination. This second aim is of special interest in the European setting, given that the legal tradition concerning sexual harassment has been portrayed as a ‘Dignity Harm Approach’ as opposed to the North American ‘Discriminatory Approach’. Despite the fact that EU law now clearly implies a discriminatory approach to harassment related to sex and sexual harassment, what comes to the fore – both where EU law is concerned and when it comes to the results of this report describing national law in 33 European countries – is rather a Double Approach. This Double Approach is reflected in the respective definitions’ inclusion of the words ‘with the purpose or effect of violating the dignity of a person’.