INTRODUCTION:

Women’s participation in employment is crucial for their economic empowerment and their sustainability. However, problems such as sexual harassment in the workplace discourage women to continue working. Sexual harassment in the workplace though an age-old problem has emerged as a serious concern recently (Nelien Haspels and Zaitun Mohamed Kasim, 2004). It is increasingly being recognized as a violation of human rights and human dignity, which undermines equality of opportunity and treatment between men and women. As women’s participation is growing in employment sector, the problem of sexual harassment is a necessary problem to address to ensure safe and healthy working environment.

Women are forced to face double jeopardy when it comes to sexual harassment. They are vulnerable to physical, psychological and sexual abuse in the workplace; they are frequently subjected to harassment in the public domain of the street. According to a health survey on safety regulations in hospitals, sexual harassment is likely to be the most dominant source of stress for nurses (Nari 2003).

The paper is organized as follows: Following the introduction the second section briefs about how sexual harassment acts as a challenge for working women, the third section outlines why sexual harassment is looked as a gender and human rights concern. The fourth section shows the good practices of judicial activism and the fifth section reviews the sexual harassment experiences of women nurses. Finally the paper concludes with aim to project the serious challenge of sexual harassment faced by women nurses.

SEXUAL HARASSMENT AS A CHALLENGE FOR WORKING WOMEN

Increasing number of Asian women is going out to work outside home. Many women are forced to deal with harassment and unwanted attention because they are women. Inequalities in the position of men and women exit in nearly all societies and sexual harassment at work is a clear manifestation of unequal power relations. Women are vulnerable to the harassment because they lack similar power, lack self confidence and are socialized that they are to suffer in silence. Sexual harassment is also used as a tool to discourage women who may be seen to be competing for power. Discussions of sexual harassment in the international feminist and legal scholarship have been focusing overwhelmingly on the workplace; however adequate attention is yet to be given in harassment in universities and in public places. Though women in workplace suffer the problem many times both the employees and employers deny the existence of the problem. The scarce employment opportunity and the fear of losing job future silence the victims.

Sexual harassment is still considered as a flirt, or office romance in workplaces. Myths exist blaming women for enticing men for harassment. The number of reported cases of sexual harassment is only the tip of the iceberg, because very few women take action, unless it concerns physical assault and rape. Actions need to be urgent and effective. Governments, employers and workers organizations and NGOs in Asia and the Pacific and around the world are increasingly acting against sexual harassment at work by adopting workplace polices and implementing them through practical action at the workplace. Legal protection is necessary but adopting a law is not sufficient to resolve sexual harassment abuses in workplace. In addition to law, workplace polices are necessary to protect workers from sexual harassment and enterprises from expensive measures for redress. Preventive action is key, large-scale awareness raising and training is needed in workplaces.

Training programmes would prove fruitful and will work to empower women to response to the problem. Trade union can play a role in initiating cases of the women and help them receive adequate compensation and punishment to the perpetrator in absence of the law.

SEXUAL HARASSMENT AS A GENDER AND HUMAN RIGHTS CONCERN:

Sexual harassment is a gender issue and a human right issue, importantly; it violates the right of women to work in a safe and healthy environment. It is imperative that stakeholders give the problem its due attention and contribute in promoting a secure and safe environment for working women.

Sexual harassment is a form of gender discrimination. Men may be subjected to sexual harassment but majority of the victims are women. In response to the growing awareness about the adverse impacts of sexual harassment, there have been increasing efforts around the world not only to break the silence on sexual harassment but also to take pro-active steps in addressing it. Many sexually harassed individuals put up with the damaging physical and psychological effects of sexual harassment because taking action can be daunting, especially in environments that do not provide moral and practical support. Most often, victims are ashamed and embarrassed, and worry that they will be labeled as loose women and therefore prefer to keep quiet about it. Sexual harassment is often described as harmless ’flirting’ and an expression of men’s appreciation for women’, which clearly ignores the fact that flirting is mutually consensual behavior between two people whereas harassment is not.

GOOD PRACTICES - Judicial Activism:

In India, Supreme Court guideline came about due to the gang rape of Bhanwari Devi by a group of Thakurs, as punishment for having stopped a child marriage in their family. Trail court acquitted the accused. She said that she had nothing to be ashamed of and that the men should be ashamed for what they have done. With the concrete campaign for justice for Bhawani, in December 1993, the High Court established gang rape committed out of vengeance. Her fighting spirit provoked women’s groups and NGO’s to file a class action by certain social activists to bring the attention towards the societal aberration, and assisting in finding suitable methods for realization of the true concept of gender equality and prevent sexual harassment of working women in all work places through judicial process, to fill the vacuum in existing legislation. The result is the Supreme Court judgment, which came on 13^th August 1997 and gave Vishakha Guideline.

According to the guideline the duty of the employer shall be to prevent the acts of sexual harassment and to provide for resolution, settlement or prosecution of acts of sexual harassment by taking all steps required taking appropriate disciplinary action. The definition of sexual harassment includes unwelcome sexually determined behavior as (a) physical contact and advances; (b) a demand or request for sexual favors; (c) sexually colored remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The guideline also provides for a complain mechanism in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. A Complaint Committee should be headed by a woman and not less than half of its members should be women. Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. Also the guideline ensures that employees should be allowed to raise issues of sexual harassment at workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.

Following the court order initiatives have been started in India and Nepal, to draft a specific legislation-making employer accountable to guarantee safe and healthy workplace and recognize sexual harassment as misconduct. Indian Bill provides provision for the formation of special complains committee for effective investigation and protection of privacy and dignity of victim with compensation provision13. An alternate Bill is being also prepared by civil societies specially to include service beneficiaries such as students in educational institutions, patients in hospitals, customers in banks and also proposed to bring unorganized sector within it's framework. In Nepal Civil Societies has already drafted a Bill 14 and Government is also on the process of it. However there is no parliament since last three years in Nepal due to this law making process has been affected.

SEXUAL HARASSMENT EXPERIENCES OF WOMEN NURSES:

Alice J. Dan, Debra A. Pinsof and Laura L. Riggs (1995) found in their study that women nurses despite the common response of avoiding the harasser or ignoring the behavior, nurses recommended increased awareness of sexual harassment, active and direct responses, and appropriate sanctions by supervisors to discourage harassing behavior.

A study which was conducted to determine the prevalence of sexual harassment among female nurses; to assess how practitioners respond to occurrences of sexual harassment; and to evaluate the impact of sexual harassment on the nurses manpower pool. Survey results indicate that 47 percent of the respondents experienced one or more incidents of sexual harassment in either their previous job or their current job. The majority of these experiences were categorized as “suggestive looks,” “sexual remarks,” or “unwanted attention.” Two percent experienced severe incidents of harassment such as “grossly inappropriate touching”, “rape or attempted rape.” The harasser was just as commonly reported to be a patient, a colleague, or a supervisor (Nancy F. Fjortoft, Nina Han, and Mary Lee, 1996).

The results of a study conducted in a hospital showed that 37.1% of female nurses had been harassed sexually. Physicians were identified as the primary instigators of sexual harassment. The most common reactions against harassers were anger and fear; frequently reported negative effects of sexual harassment were disturbed mental health function, decline in job performance, and headache. "Did nothing" was the coping method used most commonly by the nurses. About 80% of sexually harassed nurses did not report the incident of sexual harassment to hospital administration. The lower working status and power of nurses in the workplace, poor working conditions in healthcare settings, and insufficient administrative mechanisms, including the present law and regulations against sexual harassers, were identified as important factors in the work environment. (Nancy F. Fjortoft, Nina Han, and Mary Lee,1996)

K. Matsuoka, H. Kurita, R. Abe and H. Osada (2001) conducted a study to detect mental distress in Japanese nurses who had experienced sexual harassment victims. One hundred nurses responded and reported their mental health status and majority of them were judged as having mental health problems during their severest harassment. Characteristics of sexual harassment relating to high risk for mental health problems were: content, duration over one month or over, and adversely alteration the victim's work status. It is recommended that a large study on Japanese female workers in other professions is urgently required

Nurses who are sexually harassed at work face frustration and emotional and economic consequences. Historically before the 1970s, nurses had little legal recourse and tolerated sexual harassment as a necessary evil associated with working (Valente Sharon and Bullough Vern, 2004). The Civil Rights Act of 1964 created the option for legal remedies for sexual harassment/discrimination cases. Successful court cases established the legal criteria for sexual harassment. Although research is scant and little is known of how nurses respond to harassing behavior, prevention requires coordinated activities of employers, individual employees, and the healthcare profession. Sexual harassment at work increases anxiety and undermines the nurse's ability to focus on the delivery of safe and competent care.

A study explored the incidence of sexual harassment of hospital nurses by patients, including factors affecting sexual harassment and the nurse's reactions, in order to prevent sexual harassment and achieve a good nurse/patient relationship. Fifty-five percent of nurses had been sexually harassed. However, nurses tended to react very moderately. It was assumed that hospital nurses were reluctant to react assertively against sexual harassment from patients because of emotional and occupational rules in nursing care. They suggested that collective coping mechanisms are important in dealing with hospital-based sexual harassment. Nurses need to assert themselves positively against sexual harassment in order to improve their working environment and occupational status (Hibino Yuri, Inagaki Michiko and Ogino Keiki, 2005).

conducted a study to determine the prevalence and details of sexual harassment of female nurses by patients and nurses' reactions in Japanese hospitals. 55.8% of female nurses who have ever been sexually harassed by atients. Conversely, nurses tended to react passively and moderately and, in many cases, they did not attempt to stop the patients. Relatively few incidents were reported to the appropriate supervisors

Yusuf Celik, Sevilay Senol Celik, Dr. Celik, (2007)conducted a study

to identify the prevalence and sources of sexual harassment against nurses in Turkey, its consequences, and factors affecting harassment experiences. A Descriptive survey was conducted among 622 nurses working in eight Ministry of Health hospitals in Turkey. Participants were surveyed with a Sexual Harassment Questionnaire, consisting of the sociodemographic characteristics of participants, types of sexual harassment, sources, feelings, ramifications, and ways to cope with sexual harassment behaviors. Frequency and percentage distributions, chi-square, and logistic regression were used for data analysis.

Julie Cogin and Alan Fish (2009) conducted a study among 538 nurses working in 8 different hospitals to examine prevalence of sexual harassment (SH) in nursing and the environmental factors that contribute to incidents of SH. The results of this study assist health professionals to adopt proactive practices for managing SH and plan a workforce where SH is minimized. This study illustrates the prevalence of different types of SH and the causes for male and female nurses that have not been investigated previously.

CONCLUSION:

The aim of the article was to project the serious challenge of sexual harassment faced by women nurses. Iniquitous laws, even if originally drafted to prevent the exploitation of women, have no place in the altered social paradigm. At the same time, however, it is extremely important to ensure that permitting women to work night shifts is accompanied by the necessary steps to make their work environment secure and comfortable. Measures to deter sexual harassment must be implemented and services such as transport facilities must be made available. Significantly, the Madras High Court was alive to the danger of permitting women to work night shifts without the necessary facilities and safeguards. The Court has directed employers to provide canteen, transport and medical facilities for women. Just as importantly, the Court has issued a few guidelines to discourage the possibility of sexual harassment by ruling that women should not be employed in less than batches of ten and directing employers to set up a complaint mechanism to deal with charges of those victimised sexually. It was the Supreme Court in 1997 that defined sexual harassment and directed employers, both public and private, to take steps to prevent it. It is only natural that any decision which increases the risk of women being subject to sexual harassment be accompanied by firm measures to minimise this danger. As long as women are provided safe and comfortable working environments, there is no reason to prevent them from working night shifts. The employer has to take due care to prevent their women employees from the serious threat of sexual harassment.

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