The Sexual Harassment in Greek Criminal Law (Law 3488/2006)

Abstract: The present paper examines the problem of sexual harassment at the workplace. Firstly, it examines the real extent of the problem, then records the way this problem is faced within the European Union and finally analyses sexual harassment as an individual criminal offence according to the Law 3488/2006. The problems of the new law are studied and the ntroduction of a new criminal provision within the Greek Criminal Code is proposed.

1.  The first question which must be answered when a new criminal provision is examined is what kind of problem need to be resolved. In other words, does sexual harassment at the workplace constitute today a social problem of such an extent that its special criminal treatment could be justified?

The evidence provided by related studies is enlightening. The first study which took place in the U.S.A, with a sample of 9,000 persons, showed that the 88% of the people asked had experienced sexual harassment. In equivalent studies in eleven European countries during the decade of 1987‐1997, the percentage was 30‐50%. In addition, in a smaller study which took place in Greece in 2003 by the Research Centre for Gender Equality (KETHI), the percentage of sexual harassment was found to be 10%.

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