Wiping away Tears and Fear; A Critical Analysis of the Laws relating to Workplace Sexual Harassment against Women in Sri Lanka

Abstract

Realisation of gender equality, valuing human dignity, and guaranteeing the right to bodily and psychological integrity is indivisible elements of the foundation of freedom, justice and peace. Thus, sexual harassment against women in the workplace is not only a violation of her fundamental rights, but also a criminal offence. Moreover, workplace sexual harassment is one of the main obstacles in achieving the CEDAW principles of non-discrimination and substantive equality. Sexual harassment can take place in any form of unwelcome behaviour of a sexual nature, which is offensive, humiliating and frightening. In this era of modern technology, women in workplaces are more vulnerable of being targeted by online and electronic forms of sexual harassments including; circulation of offensive emails, display of pornographic materials, sending pornographic materials, blackmailing by threatening to post edited pictures, setting up hidden cameras in restrooms. This research will emphasise the gravity of the issue of workplace sexual harassment and its negative impact on employees, employers and on the country, at large. The main objective of this research is to critically examine the adequacy of the existing legal framework in Sri Lanka to prevent and eliminate sexual harassment against women in the workplace. This research will argue that domestic laws in Sri Lanka must be aligned with the international human rights and labour law standards. The methodology employed in this research involves a review of secondary data for in-depth qualitative research. The review involves a thorough assessment of existing literature, case law, legislation, international treaty law, electronic databases and research reports.