A person may be harassed when a series of behaviours are used to annoy, threaten, intimidate, or make them worry for their safety. This practise is common in most of the places.
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Examples of Harassment
There are several forms of harassment, including:
- Harassment because of someone’s ethnicity, age, gender, religion, or handicap
- Any act that involves physical violence is considered physical harassment.
- psychological abuse, such as isolating a worker,
- Harassment that abuses authority in the organizational hierarchy is referred to as power harassment.
- Sexual harassment includes unwelcome approaches, requesting sexual favours, and other inappropriate physical or verbal conduct.
According to studies from the previous year, 80% of harassed women do not report it. In this essay, we will specifically discuss sexual harassment.
It is essential to state that sexual harassment may take the following forms:
- Verbal:
For instance, make sexual remarks about a person’s body or share sexually explicit jokes or anecdotes.
- Non-verbal:
Glancing at someone from top to bottom or making lewd gestures with the hands or body.
- Physical:
Examples include standing very close to someone or massaging their shoulders or neck.
Second, there is information on this subject in Federal Law Number 3 of 1987, which is the UAE’s penal law.
According to Article 358, anybody found guilty of an indecent or despicable conduct faces a sentence of six months to one year in jail, but if the offender is a girl or boy under the age of fifteen (15), the sentence is increased to one year or more.
A person who tries to shame a female through words or acts in public shall be penalised by a maximum one-year prison sentence or a fine of AED 10,000 or less, according to Article 359. These two penalties or just one of them will be an option.
Additionally, article 359 under Article 2 of Federal Decree Law Number 15/2020, dated 27/09/2020, was introduced. It defines sexual harassment as the repeated use of acts, words, or gestures to excessively disturb others.
If sexual harassment is committed, the offender faces a year or less in jail and/or a fine of at least AED 10,000.
Assume the offender is part of a gang, wields a weapon, or has some kind of functional, educational, or familiar power over the victim.
If so, the punishment will be two (2) years or less in prison and/or a fine of AED 50,000 or less. If the harasser is a foreign national, the previously indicated sanctions will be imposed, followed by deportation. According to Article 361, the punishment for openly seducing a person is six (6) months in jail and a maximum AED 5.000 fine. According to Article 363, the punishment for coercing a girl or a boy under the age of eighteen (18) to engage in prostitution is at least two (2) years in jail and a fine.
What steps must be taken to report sexual harassment:
To report the harassment, victims should go to the closest police station. He or she should fully describe the incident and, if it’s feasible, offer proof. With the filing of the complaint, the public prosecutor will launch an investigation into the alleged harasser and prepare a criminal report for the Criminal Court’s ruling. Men are also harassed, and article 359 extends sexual harassment to them. When we talk of harassment, we typically primarily think about women as victims.
Workplace harassment:
In the UAE, sexual harassment at work is seldom reported, and occasionally, women will rather quit their jobs than report the harassment. The victim may not always be aware of his or her rights or may be afraid of the perpetrator’s reprisals, such as job loss or humiliation by coworkers. Most instances of harassment against women involve unwanted touching, derogatory remarks about her appearance or body, and texts containing pornographic or violent content.
Additionally, harassment at work affects males as well as women. But what legal protections does the employee have in the event of workplace sexual harassment? As we have said, these kinds of acts are punishable under UAE law. In addition, Article 120 of the UAE Labour Law (Federal Law Number 8 of 1980) stipulated that an employee might be terminated without cause if a criminal decision convicts him or her. In the event of workplace harassment, there are two ways to file a complaint:
Directly submit the complaint at the police station:
Consult the human resources department of the business for guidance before filing a police report. A complaint structure should be provided by the company’s policy.
Make a complaint to the Ministry of Human Resources & Emiratization (MOHRE), which may be reached at (800) 601-0060 for advice on how to do so.
For legal advice and help on your case you can consult Sara Advocates and Legal Consultants. Our lawyers will study your case and guide you on how to proceed the case in court. Call us or visit our office to get the best legal advice in UAE.
