جــريــمــة الـتـحــرش الـجـنـسي في إطــار عـلاقـات الـعـمـل ( دراســة مــقــارنــة )

Rp- The Crime of Sexual Harassment in the Framework of Work Relations.pdf

Abstract
This study relates to one of the crimes against ethics and public morals that is widely spread in field of work, which is the crime of sexual harassment within the framework of work relations. The crime of sexual harassment has been criminalized by punitive laws and has no specific model or form. It can occur in public places, educational institutions, or within families. It was stated that it was criminalized under the Iraqi labor law no. 37 of 2015 AD, in order to provide the necessary criminal protection for all workers, both men and women. This study showed that the crime of sexual harassment within the framework of work relations is flexible, as its perpetration is not determined by a specific means alone, and it is not required that it occurs exclusively within the workplace, as it is a crime with multiple forms and methods, and this matter may make the process of detecting and combating it somewhat difficult.
The wisdom of criminalizing sexual harassment at the core of the labor law stems from the philosophy of devoting and preserving the constitutionally guaranteed right to work, and rejecting immoral acts and behaviors that occur within the framework of work relations, in addition to providing a work environment free of harassment and intimidation in order to encourage and motivate individuals, especially women, to work in order to raise their economic level and benefit from their competencies.
While the goal of criminalizing sexual harassment is at the core of punitive laws, it is represented in protecting morals and public morals, which the Islamic sharia was keen to lay down its pillars, and immunize it from any mark.
This study showed that the Iraqi legislation, represented by the penal code, the code of criminal procedure and the labor law, is marred by legislative deficiencies in terms of substantive and procedural aspects. As the Iraqi judiciary rarely reaches a case regarding the crime of sexual harassment within the framework of work relations, due to the weakness of the legal means and guarantees that help the plaintiff to file his complaint and obtaining his right, and accordingly, this study called on the Iraqi legislator to bestow his prestige on workplaces in a way that achieves the purpose of criminalizing sexual harassment in the core of the labor law.