Sexual harassment is a problem that needs to be assessed in the broader context of the positions of women and men in the society and in the labour market. The factors which impact on the problem are social and cultural perceptions of women and men and their sexuality, the low status of women in the hierarchy of the organization, low levels of wages and job insecurity. In fact, it is the visibility of women in the labour market and in public life, the recognition of women’s rights as basic human rights and the advancement of political movement for women’s rights and equality collectively that has brought the issue of sexual harassment to the forefront of international debates and discussions. The message is clear - violation of the dignity and respect due to an individual – in most cases, a poor, uneducated, young woman in a lower position at work, is not to be tolerated or overlooked any longer. At the international level, sexual harassment is not a subject of any binding international convention. The Universal Declaration of Human Rights for the first time in 1948 banned discrimination of any kind, including that based on sex, which was further supported by two international conventions adopted in 1966. The Convention on the Elimination of All Forms of Discrimination Against Women in 1979 accepted a broad definition of discrimination specifically against women and required the ratifying states to take appropriate measures to eliminate discrimination against women in the field of employment. However, it was only in 1992, the General Recommendation No. 19 provided clarification on sexual harassment and stated that equality in employment can be seriously impaired when women are subjected to gender specific violence. In paragraph 18, it clarifies that sexual harassment includes physical contact and advances, sexually coloured remarks, showing pornography and sexual demands whether by words or actions that can be humiliating and may constitute a health and safety problems. It is discriminatory when a woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment. The ILO meanwhile has adopted a vanguard position and earned the distinction of being the only international body to have adopted an instrument that contains protection against sexual harassment. The 1958 Discrimination (Employment and Occupation) Convention (No. 111) first provided a broad definition of the term discrimination to cover any distinction, exclusion or preference made on sex that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The 1985 International Labour Conference recognised sexual harassment at the workplace as detrimental to working conditions, employment and promotion prospect of employees. The 1989 ILO Meeting of Experts on special Protective Measures for Women and Equality of Opportunity and Treatment categorised personal security of workers notably sexual harassment as a safety and health problem. Similarly the 1992 Tripartite Symposium on Equal Opportunity and Treatment for Men and Women in Employment in Industrialised Countries also discussed the sexual harassment issue.
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