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