Definitions and Forms of Sexualized Discrimination and Violence
General Act on Equal Treatment
The General Act on Equal Treament discusses sexual harassment and defines it as unlawful conduct:
Harassment shall be deemed to be discrimination when an unwanted conduct in connection with any of the grounds referred to under Section 1 takes place with the purpose or effect of violating the dignity of the person concerned and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual harassment shall be deemed to be discrimination in relation to Section 2(1) Nos 1 to 4, when an unwanted conduct of a sexual nature, including unwanted sexual acts and requests to carry out sexual acts, physical contact of a sexual nature, comments of a sexual nature, as well as the unwanted showing or public exhibition of pornographic images, takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment.
Forms of Sexualized Discrimination and Violence
In everyday life, however, it can be difficult to draw lines between what qualifies as sexualized discrimination and what does not. It can range from sexually suggestive comments and persistent staring to unwanted touching, pressuring and sexual assault and depends very much on the individual experience of the person concerned.
Sexualized discrimination can take the shape of:
- Obscene or degrading comments and innuendo
- Staring
- Sexist comments or jokes
- Harassment via telephone, e-mail or WhatsApp
- Whistling and catcalling
- Unnecessarily close and/or unwanted physical contact
- Unwanted invitations with obvious intentions
- Obscene signs and gestures
Sexual Harassment? Sexualized Harassment/Discrimination?
In scientific discourse, the term ‚sexualized’ is increasingly preferred to ‘sexual’. The distinction makes clear that harassment and discrimination are intended as demonstrations of the perpetrator’s power and superiority, and that sexual language and acts are used as a means of such a demonstration.