Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims
Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted in 2011 creates an obligation for the Party States to take the necessary legislative or other measures to ensure that sexual harassment is subject to criminal or...
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| Format: | Article |
| Language: | English |
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Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
2019-01-01
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| Series: | Temida |
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| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2019/1450-66371903319P.pdf |
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| author | Paunović Nikola |
| author_facet | Paunović Nikola |
| author_sort | Paunović Nikola |
| collection | DOAJ |
| description | Ratification of the Council of Europe Convention on preventing and combating
violence against women and domestic violence adopted in 2011 creates an
obligation for the Party States to take the necessary legislative or other
measures to ensure that sexual harassment is subject to criminal or other
legal sanctions. Bearing in mind that sexual harassment, even before the
adoption of this Convention, was prescribed by the anti- discriminatory and
labour laws of the Party States, the paper focuses on the analysis of
normative regulation of sexual harassment in the criminal legislation of the
Republic of Serbia as well as in the comparative legal solutions, with the
purpose of discussing the most important controversial issues concerning
this new incrimination, giving particular attention to considering key
reasons of objective and subjective nature that affect the invisibility of
the victims of this criminal offence. Recognizing deficiencies of the
criminal law regulation of sexual harassment, above all the widespread zone
of punishability, de lege ferenda proposal for a normative reformulation of
the essential elements of this criminal offence is provided in the
concluding considerations, with the purpose of improving its application in
practice. |
| format | Article |
| id | doaj-art-ece4846e41864db0addafbba2eafe3a5 |
| institution | DOAJ |
| issn | 1450-6637 2406-0941 |
| language | English |
| publishDate | 2019-01-01 |
| publisher | Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation |
| record_format | Article |
| series | Temida |
| spelling | doaj-art-ece4846e41864db0addafbba2eafe3a52025-08-20T02:51:46ZengVictimology Society of Serbia and University of Belgrade, Faculty of Special Education and RehabilitationTemida1450-66372406-09412019-01-0122331934310.2298/TEM1903319P1450-66371903319PSexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victimsPaunović Nikola0Ministry of Foreign Affairs of the Republic of Serbia, Belgrade, Serbia + University of Belgrade, Faculty of Law, Belgrade, SerbiaRatification of the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted in 2011 creates an obligation for the Party States to take the necessary legislative or other measures to ensure that sexual harassment is subject to criminal or other legal sanctions. Bearing in mind that sexual harassment, even before the adoption of this Convention, was prescribed by the anti- discriminatory and labour laws of the Party States, the paper focuses on the analysis of normative regulation of sexual harassment in the criminal legislation of the Republic of Serbia as well as in the comparative legal solutions, with the purpose of discussing the most important controversial issues concerning this new incrimination, giving particular attention to considering key reasons of objective and subjective nature that affect the invisibility of the victims of this criminal offence. Recognizing deficiencies of the criminal law regulation of sexual harassment, above all the widespread zone of punishability, de lege ferenda proposal for a normative reformulation of the essential elements of this criminal offence is provided in the concluding considerations, with the purpose of improving its application in practice.http://www.doiserbia.nb.rs/img/doi/1450-6637/2019/1450-66371903319P.pdfsexual harassmentvictimsistanbul conventioncriminal code of the republic of serbiacomparative law |
| spellingShingle | Paunović Nikola Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims Temida sexual harassment victims istanbul convention criminal code of the republic of serbia comparative law |
| title | Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| title_full | Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| title_fullStr | Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| title_full_unstemmed | Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| title_short | Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| title_sort | sexual harassment from anti discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims |
| topic | sexual harassment victims istanbul convention criminal code of the republic of serbia comparative law |
| url | http://www.doiserbia.nb.rs/img/doi/1450-6637/2019/1450-66371903319P.pdf |
| work_keys_str_mv | AT paunovicnikola sexualharassmentfromantidiscriminatorytocriminallawregulationwithreferencetothekeyreasonsfortheinvisibilityofthevictims |