From a Fight against Less Favorable Treatment to Protection of Dignity Gender Equality Law in Transition – Sexual Harassment As Discrimination

The Nordic Law and Gender Conference 2019

Copenhagen Business School, CBS LAW Research Paper No. 19-31

22 Pages Posted: 25 Sep 2019

See all articles by Maria Elizabeth Reimer Rasmussen

Maria Elizabeth Reimer Rasmussen

Copenhagen Business School - CBS Law

Ruth Nielsen

Law Department, CBS

Christina D. Tvarnoe

Copenhagen Business School - CBS Law

Date Written: September 24, 2019

Abstract

For the purpose of directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), discrimination includes sexual harassment. The directive defines ‘sexual harassment’ in the following way: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. It is not relevant to compare men and women. If both men and women are equally sexually harassed, they all suffer discrimination. The paper discusses this shift from comparisons between men and women to respect for and protection of human dignity. Under Article 1 of the EU Charter of fundamental rights, human dignity is inviolable. It must be respected and protected.

Keywords: sexual harassment, discrimination, dignity, equality, EU law, Danish law

JEL Classification: K10, K30, K31, K39

Suggested Citation

Reimer Rasmussen, Maria Elizabeth and Nielsen, Ruth and Tvarnoe, Christina D., From a Fight against Less Favorable Treatment to Protection of Dignity Gender Equality Law in Transition – Sexual Harassment As Discrimination (September 24, 2019). The Nordic Law and Gender Conference 2019; Copenhagen Business School, CBS LAW Research Paper No. 19-31. Available at SSRN: https://ssrn.com/abstract=3458831 or http://dx.doi.org/10.2139/ssrn.3458831

Maria Elizabeth Reimer Rasmussen (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

Ruth Nielsen

Law Department, CBS ( email )

Howitzvej 13
Copenhagen, 2000
Denmark

Christina D. Tvarnoe

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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