Pioneer Legislation on Second Order of Sexual Harassment: Sociolegal Innovation in Addressing Sexual Harassment

Abstract

Backgroud Countless efforts to combat sexual harassment have been proposed, and for the first time in history, the second order of sexual harassment (SOSH) has been legislated under the term second-order violence (SOV) by a unanimous vote of the Catalan Parliament. Advances in preventing and responding to sexual harassment contribute to highlighting the intervention as being crucial to supporting survivors against retaliation. A lack of support provides a general explanation on why bystanders tend not to intervene and highlights the reality that reprisals are suffered by those who support victims. Methods From the existing knowledge about sexual harassment prevention and response mechanisms, this paper analyzes scientific evidence through a review of the literature published in databases, as well as legislation, reports, and other materials. Results The context that enables SOV legislation is grounded in three realms: (1) bystander intervention and protection, (2) the role of support networks in protecting survivors, and (3) awareness and legislation of SOSH. An active bystander refers to the involvement of someone who is aware of potential sexual harassment situations. Conclusions The lack of legislation against SOSH limits bystander intervention and support; therefore, legislating protection for supporters has become urgent and necessary. Legislating SOSH has great social implications because gender equality cannot be fully achieved if bystander protection is not legally considered. Policy Implications: As no legal system has previously contemplated SOSH, its pioneering parliamentarian approval and establishment by Catalan law constitute a legal key innovation for the field of gender and women’s studies. In fact, evidence reported here are important in developing further regulations and policy. Policy Implications As no legal system has previously contemplated SOSH, its pioneering parliamentarian approval and establishment by Catalan law constitute a legal key innovation for the field of gender and women’s studies. In fact, evidence reported here are important in developing further regulations and policy.

BraveNet Upstander Social Network against Second Order of Sexual Harassment

“…Title IX legislation still serves for complaints about sexual violence within universities [42] and many countries have taken their example for their own legal advances regarding the protection of women's rights and the situations of violence they may suffer [43]. In the same sense, the pioneering approval of Second Order Violence [17,34] will open the way for other legislations to include protection for active bystanders, and above all, it will reduce the negative consequences of bystanders to intervene [44]. In fact, the purpose of the 2012 EU Directive on the rights of victims aims at making sure that any potential crime victim receives adequate information, support, and protection, and that they are able to participate in criminal proceedings and are subject to evaluation [45].…”

“…If there were no upstanders, victims would have enormous trouble breaking the silence as evidence shows [29,31]. The pioneer legislation on Second Order of Sexual Harassment would improve bystanders' protection (social and legal protection) in order to intervene and to become upstanders [34].…”

“…From the legal side, the legal protection of those who suffer SOSH because of intervening is urgent and necessary. The pioneer SOSH legislation in one European Parliament contributes to such aim [34], inspiring other legislations in this sense.…”

The concept and the name of Isolating Gender Violence

“…Consequently, the concept of IGV was developed in order to assure these characteristics: a) it should generate policy and social impact in order to clearly contribute to the overcoming of all types of gender violence; b) it should include all types of gender violence defined internationally and by any context; it could not be reduced only to sexual harassment; c) it should clarify what the objective of those attacks is, which is clearly to isolate the direct victims of gender violence by attacking their supporters; d) it should be elaborated not only by scientists without the social plurality of voices but dialogically based on an open and continuous dialogue with citizens and their representatives, providing priority to survivors; e) it should have transferability, replicability, and sustainability. Four years later, this process has made the most difficult step: the first legislation in the world of what IGV implies has been achieved (Vidu et al, 2021). Participants of the deliberation process wanted, from the very beginning, not to reduce the legislation to sexual harassment but to include all types of violence against women in a single law.…”

Fear to Retaliation: The Most Frequent Reason for Not Helping Victims of Gender Violence

“…To date, only one piece of legislation in the world has contemplated this form of violence: Law 17/2020, enacted on December 22 nd , 2020 (it amended Law 5/2008), on women's right to eradicate male violence, and approved unanimously by the Catalan Parliament (Vidu, Tomás & Flecha, 2021). Following their example, other institutions, such as universities, aware of the need to also address SOSH to achieve effective results against violence, have begun to incorporate it into their regulations.…”