Section 2: The current context for this Inquiry This Inquiry similarly presents an opportunity to ensure the legal framework established by the Sex Discrimination Act aligns with social change and community expectations and is operating effectively to fulfil its objectives. 2.3 Sexual harassment in international and domestic law [The Convention on the Elimination of All Forms of Discrimination against Women] requires States not only to protect individual women against discrimination, but to bring about structural change. This means it is not enough for States to simply ensure formal equality.27 (a) Human rights obligations Australia’s domestic legal framework with respect to workplace sexual harassment gives effect to broader international obligations to prevent sexual harassment and other forms of gender-based violence and discrimination. Every person has the right to work free from sexual harassment.28 Australia has ratified, and has therefore agreed to be bound by, a number of international treaties that recognise fundamental human rights relevant to workplace sexual harassment.29 Sexual harassment in the workplace is addressed in a number of international instruments as both a manifestation of sex discrimination and a form of violence against women.30 72 Various United Nations initiatives call for the elimination of sexual harassment as a gender equality issue.31 Several nonbinding declarations and principles on the role of businesses in the promotion of human rights complement the international legal framework on addressing sexual harassment at work.32 The recommendations of this Inquiry are in line with Australia’s international commitments, human rights obligations and standards against violence and discrimination at work. There has been a recent focus at the international level on measures to provide a clear framework for addressing sexual harassment. In December 2018, the UN General Assembly adopted the first resolution specifically focused on sexual harassment.33 It urged States to accelerate and resource action to prevent and eliminate sexual harassment in the context of ending violence against women and girls. The ILO, together with governments, employers and worker representatives, has developed a new international standard to combat violence and harassment in the world of work.34 The ILO Convention acknowledges that sexual harassment cannot be adequately addressed without tackling the underlying causes and risk factors of sexual harassment: namely, sexism, discrimination and gender inequality.35 The Convention and accompanying Recommendation were adopted by Australia in June 2019 (ILO Convention 190).36

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