A1 Refereed original research article in a scientific journal
A Critical Engagement with the Conceptualization of Sexual Harassment in International Human Rights Law
Authors: Dergacheva, Yulia
Publisher: ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
Publishing place: ABINGDON
Publication year: 2024
Journal: Nordic Journal of Human Rights / Nordisk Tidsskrift for Menneskerettigheter
Journal acronym: NORD J HUMAN RIGHTS
Number of pages: 20
ISSN: 1891-8131
eISSN: 1891-814X
DOI: https://doi.org/10.1080/18918131.2024.2378646
Web address : https://www.tandfonline.com/doi/full/10.1080/18918131.2024.2378646
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/457903118
This article discussess the concept of sexual harassment in international human rights law (IHRL). After analysing how sexual harassment emerges in two different legal traditions, I investigate the transformations the concept has undergone. I create an outline of sexual harassment as a concept and of certain contexts in which it is conceptualized in international human rights law. The research is grounded in critical feminist studies and intersectionality theory. I investigated an extensive number of legal texts, including various IHRL treaties, soft law, and interpretations by treaty bodies, with a focus on the concept of a hypothetical 'victim' within the sexual harassment narrative. This was done by delving into the linguistic choices present in legal documents that deal with sexual harassment. I conclude that sexual harassment in IHRL is largely constructed around the 'universal subject' of the white cisgender middle-class women, with other identities perceived as exceptions. This leads to the exclusion of subjects who are different from the imaginary victim, thus creating people, spaces, and settings in which sexual harassment is neglected by the law.
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Funding information in the publication:
This work is a part of the Mobile Futures – Diversity, Trust and Two-Way Integration research project and is funded by the Strategic Research Council (SRC) established within the Academy of Finland (grant decisions number 345154 and 345405); the Faculty of Law at the University of Turku; TOP-Säätiö (grant decision number 20220259).
