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Sexual Harassment
What is sexual harassment?
Sexual harassment is any unwanted conduct of a sexual nature, regardless of the way in which it is expressed – verbally, physically, or otherwise. Sexual harassment has various forms of manifestation – it may be committed through personal actions of the perpetrator, through social media, or through any other means of communication. Sexual harassment is behaviour that creates a hostile, offensive, humiliating, or threatening environment and, in particular, refusal or coercion to accept such behaviour may influence decisions affecting the individual.
Sexual harassment causes emotional instability, affects personal self-esteem, harms honour and dignity, and leads to feelings of inadequacy. All possible effects essentially create unequal conditions for existence, from which the undeniable conclusion follows that all forms of sexual harassment violate rights recognised by law.
Manifestations are countless – jokes, teasing, gestures of an explicitly sexual nature, touching, invitations for sexual intercourse, etc. Sexual harassment may occur at work, at school/university, on social media, on the street, in restaurants and bars – anywhere. Anyone may become a victim of sexual harassment, regardless of gender or age.
According to European and Bulgarian legislation, sexual harassment is unlawful behaviour that is criminalised and punishable. The Charter of Fundamental Rights of the European Union expressly states that no form of discrimination shall be permitted, “based in particular on sex … or sexual orientation”.
The legal regulation of sexual harassment in Bulgarian law is mainly contained in the Protection against Discrimination Act. Article 5 expressly proclaims the discriminatory nature of sexual harassment.
How can I obtain protection in case of sexual harassment?
For victims of sexual harassment, it is of primary importance to seek timely protection of their rights and personality. There are various means of protection. Alongside voluntary settlement options, Bulgarian legislation also provides means for compulsory termination of such unlawful behaviour.
If sexual harassment takes place at the workplace or at school/university, you may notify your employer or the relevant governing body. They are obliged to review the case immediately, take measures to stop the harassment, and provide a resolution.
If the employer fails to act, every injured person has the right to file a complaint before the Commission for Protection against Discrimination. The Commission is obliged to issue instructions to the employer or governing body. If non-compliance is established, the Commission is also the competent authority to impose the relevant financial sanction.
Is judicial protection possible?
Every injured person has the right to initiate court proceedings against the perpetrator. This is done by filing a claim before the competent court for compensation for damages resulting from the unlawful behaviour.
The damages suffered by victims of sexual harassment are mainly non-pecuniary. Such damages include feelings of shame, humiliation, fear, experienced stress, anxiety, discomfort, reduced self-esteem, etc.
In court proceedings, all facts and circumstances relevant to the case are subject to proof. The court assesses the factual and legal aspects of the specific case and awards compensation on the basis of fairness.
In Bulgaria, court practice regarding sexual harassment cases is not particularly extensive. This is likely due to the mistaken belief that acknowledging sexual harassment is shameful and damaging to one’s reputation. Far more troubling and dangerous, however, is the situation in which such behaviour remains unpunished.
At the beginning of 2020, alarming statistics were published showing that 33% of women in the European Union had been victims of sexual harassment. The data was published by the European Commission during the presentation of a strategy for equality between men and women in Europe.
If you have found yourself in the uncomfortable position of being a victim of sexual abuse of any kind, do not hesitate to protect yourself and your rights. Contact us, and we will provide you with effective legal assistance. The topic of sexual harassment is not something to be ashamed of or considered taboo. It is a problem that must be addressed.
