HARASSMENT AS A FORM OF GENDER DISCRIMINATION

Abstract

Discrimination based on gender, in its various forms and manifestations, occurs in the life of every country. The article is dedicated to one of the forms of gender discrimination - harassment. The problem is relevant but understudied, which is due to the peculiarities of this phenomenon and the almost absence of legal regulation, as well as the complexity of proof. Therefore, the issue of harassment requires a comprehensive analysis as a legal phe-nomenon. Gender harassment can occur in various spheres of social life - work, family, public space, education, etc. - wherever there is any form of subordination and/or the need to be in a confined space for a certain period of time. It can be a means of bullying, mobbing, or take other forms of psychological violence aimed at controlling, demeaning, or ridiculing a person based on their sex or gender identity. As a form of psychological violence, harassment should be legally distinguished from other manifestations of gender-based violence. In addition to its various forms, harassment can apply to anyone, regardless of gender. It is emphasized that harassment can be considered in a broad and narrow sense, re-spectively, as a violation of the inviolability of private life and as sexual persecution or ad-vances. Based on the analysis of domestic legislation, it is concluded that the term "harass-ment" is not used, but the concept of "sexual harassment" is generally enshrined in the law. Specific attention is drawn to the workplace as a painful intersection of human rights and harassment. In labor relations, it is a dangerous phenomenon, as there is a "provocative" basis for its manifestation - the fact of subordination, the daily presence of employees in a confined space, which makes it impossible to avoid unwanted contacts, and so on. To combat gender harassment, it is advisable to take measures at the legislative level (definition, protection, punishment, and prevention); implement appropriate policies in en-terprises, institutions, and organizations. Legal awareness plays an important role in over-coming manifestations of gender discrimination.