The first Guide to Prevention and Control of Sexual Harassment

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On 24 March 2021, the Women's Federation, Education Nureau, Public Security Bureau and other nine authorities in Shenzhen jointly released the " Guide to the Prevention and Control of Sexual Harassment In Shenzhen" (hereinafter referred to as the "Guide"). The Guide is the first institutional documents regarding establishing a mechanism for the prevention and control of sexual harassment in workplace and other public places.

I. Definition of sexual harassmentThe Guide defines "sexual harassment" as an unwanted and unwelcome conduct against the will of another person by means of verbal or non-verbal behavior, such as making sexually colored remarks, showing pornography, and making sexual demands.
The Guide also stipulates the three constitutive elements of sexual harassment:1) the behavior has the sexual nature;2) the behavior is against the victim's will and is unwelcome;3) the act is a violation of the personality rights of the victim, causes a bad and humiliatingfeelings or creates intimidating, hostile and unfriendly work/learning environment.
II. For the first time, the Guide creates the prevent and control sexual harassment work mechanism in work places, demands the establishment of responsible department which is responsible of prevention and control of sexual harassment .
III. The Guide stipulates the creation of consultation and complaint procedures and the establishment of specific process such as: interviews, responses, investigations, feedback, mediation, disposal, notification etc.

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