The sixth and final chapter of the study proposes a number of recommendations to strengthen Bangladesh's legal and policy framework and measures on gender-based violence and harassment in the world of work. 145 Taslima Yasmin, Implementation of the Domestic Violence Legislation in Bangladesh: A Comparative Perspective (Bangladesh Legal Aid and Services Trust (BLAST), 2015) (unpublished). 148 Section 6 of the Domestic Violence (Prevention and Protection) Act and Rule 4 of the Domestic Violence (Prevention and Protection) Rules, 2013 (hereinafter referred to as the Rules of the DVPPA).
National Health Policy, 2011 40
The policy contains a reference to the Supreme Court's guidelines on sexual harassment and calls for the creation of a helpline for domestic helpers. The National Child Labor Elimination Policy 216 was issued with the aim of eliminating various forms of child labor by 2015. It identifies the particular vulnerability of young girls who are trafficked and sold into prostitution or pornographic activities.
Employers are also prohibited from forcing a child into anti-social activities or any work that harms his dignity or reputation. The Migrant Social Protection and Overseas Employment Policy217 replaced the 2006 Overseas Employment Policy and aligned it with the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Their Families (ICRMW). The new policy recognizes the need for a gender-sensitive approach to labor migration, given the increasing number of migrant workers who are victims of workplace abuse.
It specifically emphasizes a gender-sensitive approach in all activities of organizations and agencies dealing with labor migration-related protection and assistance.218 One of the objectives of the policy is to ensure gender equality by ensuring safe and decent overseas employment for female migrant workers. employees, in line with CEDAW and other international instruments. It recognizes the challenges faced by Bangladesh's diplomatic missions abroad, including their Labor Wings, in ensuring compensation, protection and redress for migrant women whose work exposes them to torture, harassment and violence. 219.
Multi-Sectoral Programme on Violence against Women (MSPVAW) 41
Implementation of laws, policies and practices to prevent and address gender-based
- Laws and policies related to gender-based violence 43
- Labour laws 45
- High Court Division guidelines, 2009 45
- Practices and initiatives 48
- Employers’ organizations 49
249 Taslima Yasmin, Sexual Harassment in Educational Institutions and Workplaces: A Study on the Status of Implementation of the 2009 Supreme Court Guidelines (ActionAid Bangladesh, 2018). 251 IKI with representatives of the Ministry of Labor and Employment and the Department of Inspection of Factories and Enterprises. This study's interview with a representative of the Department of Factory and Enterprise Inspection also highlighted the need for increased awareness.
Key informant interviews with representatives of workers' and employers' associations indicated limited awareness of the 2009 guidelines among workers in the ready-made garment sector. 256 Taslima Yasmin, Sexual Harassment at Educational Institutions and Workplaces: A Study on the Implementation Status of the 2009 Supreme Court Guidelines (ActionAid Bangladesh, 2018). The project also includes training for officials from the Department of Labor and industrial relations institutions, as well as the incorporation of gender-based violence into existing 'pre-service'.
The application was created with the support of the ILO's program for improving working conditions in the Bangladesh Ready-Made Garment Sector Programme265 and can be accessed via smartphones and computers. A 'Center of Excellence for the Bangladesh Apparel Industry' was established with the support of the BGMEA and the ILO. The Improving Working Conditions in the Ready-to-Wear Clothing Sector program (Phases I and II) supports the Department of Inspection for Factories and Facilities to promote gender equality by addressing key issues, including discrimination and sexual harassment (see Box 4).
Sources: SNV, “SHOJAG: Ending gender-based violence in RMG sector”, 2019; Brochure of the SHOJAG coalition, collected during the KII with the representative of Naripokkho.
Key gaps in preventing and addressing gender-based violence and harassment 57
- Absence of an anti-discrimination law 59
- Lack of effective protection in the domestic violence law 62
- Lack of comprehensive data 64
- Limited awareness 65
302 For a detailed discussion of this issue, see Nuara Choudhury, 'The Immodest Truth: An Evaluation of the Measures Taken to Combat Sexual Harassment in Bangladesh', Bangladesh Journal of Law 12, no. However, several sections of the guidelines refer to harassment of women , and its lyrics occasionally refer to a "complainer" with the feminine pronoun "her." Under the Domestic Workers Protection and Welfare Policy, the 2009 High Court Division guidelines apply to cases of sexual harassment and assault of domestic workers.
Section 377 of the Penal Code generally criminalises 'unnatural offences' without defining what the term refers to. It also revealed the opposing views of these groups regarding the content and scope of the law. The Law on Prevention of Repression against Women and Children, passed specifically to prevent violence against women, does not criminalize domestic violence - one of the most common forms of gender-based violence.
Second, Department of Factory and Plant Inspection officers are not specifically trained to deal with sexual violence in the workplace. Section 332 of the Bangladesh Labor Act, as noted above, does not mention or define 'harassment'. 321 Taslima Yasmin, Implementing Domestic Violence Legislation in Bangladesh: A Comparative Perspective (Bangladesh Legal Aid and Services Trust (BLAST), 2015) (unpublished).
Effective sexual harassment reporting must go beyond ticking boxes or awarding points for compliance, especially given the sensitivity of the issue.
Recommendations 67
This section should be replaced by a provision that clearly prohibits violence and harassment, including gender-based violence, in the workplace. It is essential that Bangladesh's laws on rape, sexual assault, domestic violence and other gender-based violence are updated to reflect global developments and effectively protect workers from gender-based violence, both inside and outside the world of work. Adopt independent legislation prohibiting violence and harassment, especially sexual harassment, in the world of work.
The government may also consider conducting a more detailed analysis of laws and policies related to the Convention on Violence and Harassment – as this study focuses exclusively on GBVH – as it addresses priority issues for achieving gender equality in the world of work. It is vital to strengthen the capacity and authority of the Department of Factory and Enterprise Inspection's labor inspectors in order to support employers to comply with labor regulations for providing preventive measures and complaint mechanisms to protect against violence and harassment gender-based workplaces. . As reflected in the ILO report 2018345, inspectors in an increasing number of countries benefit from special task forces, training, guidance or special competences to address violence and harassment in the workplace.
344 The Ministry of Labor and Social Security of El Salvador developed a national training module for labor inspectors on discrimination and sexual and other forms of harassment in the workplace; ILO, End violence and harassment against women and men in the world of work, ILC. 345 ILO, End violence and harassment against women and men in the world of work, ILC. It is important to collect data at the national level on violence and harassment in the world of work to better understand how these problems manifest.
Such data is essential to support any future action to effectively prevent and address violence and harassment in the world of work.
Conclusions 73
The Unmodest Truth: An Assessment of Actions Taken to Combat Sexual Harassment in Bangladesh." Bangladesh Journal of Law 12 (1 in. Prevalence and Correlates of Risk of Spousal Sexual Violence in Bangladesh." Journal of Interpersonal Violence. How Your Organization Meets the Supreme Court's Guidelines 2009 on sexual harassment.
The sufferings of women in their workplaces and educational institutions knew no bounds due to the absence of any law in this area. The Constitutional Court is competent to give instructions in the form of instructions according to Article 111 of the Constitution until the legislation is issued by the Assembly in this regard. Therefore, Conventions and international norms are of great importance in formulating guidelines for achieving this goal.
She was subjected to sexual harassment by the manager and one of the factory's supervisors. The Objectives of the Judiciary” stated in the Beijing Declaration of Principles (as amended in Manila, August 28, 1997) are:. The drafters of the Constitution were particularly impressed by the formulation of fundamental rights in the Universal Declaration of Human Rights.
In the above case, the learned Solicitor General for the Union of India assisted the Court in formulating the guidelines. In view of the judgments rendered by the Supreme Court of India in the cases of Vishaka and others Vs. The Appeals Committee makes its decision on the basis of the opinion expressed by the majority of its members.
List of key informant interviews 88
It is the constitutional obligation of the government to enact laws to protect women in their workplaces and educational institutions in order to preserve their fundamental rights enshrined in the constitution. The fundamental rights guaranteed in Chapter III of the Constitution of Bangladesh are sufficient to embrace all elements of gender equality, including the prevention of sexual harassment or abuse. Students from the University of Rajshahi's Department of Sociology led a demonstration on campus demanding punishment and dismissal of a teacher from the department for allegedly sexually harassing a female student from the department (The New Age, May 10, 2006).
Faujia Karira, an expert advocate for the petitioners, claims that the suffering of women in the workplace and educational institutions knew no bounds due to the absence of any law in this area. Mahmudul Islam, learned amicus curiae, contends that it is the constitutional obligation of the government to enact a law for the protection of women in their workplaces and educational institutions in order to preserve their fundamental rights enshrined in the constitution. He further states that this Constitutional Court is competent to issue guidelines in the form of guidelines under Article 111 of the Constitution, until the Parliament adopts legislation in this regard.
The Investigative Commission, consisting of the director, recorded the statement of the girls in the absence of the boys and found them guilty. The names of the girls have also not been released for the safety of the girls. Normally, the complaint must be submitted to the Complaints Commission within 30 working days of the incident.
Mahmudul Islami who assisted the Court as amicus curiae giving him valuable assistance in performing the difficult task in the public interest.
