ASOURCE Times

Japanese sexual harassment
The state of laws surrounding

The term “sexual harassment” (hereafter referred to as “sexual harassment”) may not sound very heavy in Japan. However, according to a 2018 World Bank survey, out of 189 countries and regions around the world, 79 countries have criminal penalties for perpetrators of sexual harassment. Civil remedies for damages are provided locally. From such a perspective, Japan, which has neither criminal punishment nor civil remedy, belongs to the category where legal development is not progressing in the world. *1
　
It should also be noted that sexual harassment is often associated with power harassment (hereinafter "power harassment"). Even in Japan, touching a stranger's body more than necessary or forcing a sexual relationship against the will of a stranger, whether of the same sex or the opposite sex, is a fine crime.

However, in order for these crimes to be established, it is essential that the other party is against the will of the other party. . Furthermore, there may be background circumstances, that is, authority gradients, that make it impossible to say that you are being sexually harassed in the first place. It is still fresh in our minds that sexual harassment against not only superiors and subordinates but also job-hunting students has become a social problem.
　
On the other hand, the laws and regulations on companies in Japan are imposed not as penalties for perpetrators, but as a duty of consideration for employers in terms of employment management, as mentioned above. As background, the Equal Employment Opportunity Law was enacted in response to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which Japan signed in 1980 and ratified in 1985. 

Sexual harassment measures required of business owners

Sexual harassment prevention measures are stipulated in the Equal Employment Opportunity Law, and are in the form of ``Guidelines for measures that employers should take in terms of employment management regarding problems caused by sexual behavior in the workplace.'' According to this, sexual harassment is divided into compensation type and environmental type. `` Environmental sexual harassment is defined as sexual harassment in the workplace that makes the working environment uncomfortable for the worker. As a result, there is a serious adverse effect on the ability of the worker to demonstrate his or her abilities, and there is a hindrance that cannot be overlooked in the worker's employment."
　
Measures to be taken by business owners include: (1) clarification of business owner's policies, etc., and dissemination and enlightenment thereof; (3) Prompt and appropriate follow-up measures related to sexual harassment in the workplace, including consideration of privacy and prohibition of disadvantageous treatment for taking consultation and dispute resolution measures. common. *2

Creating an environment that can prevent accidents

Discipline regarding damages from customers and workers of other companies has become stricter in terms of measures to prevent sexual harassment, drawing a line between power harassment and requiring employers to respond as a "duty of consideration." Especially in the medical field, it should be noted that patients or their families are also specified as examples of actors. Efforts for prevention that business owners should take are to create manuals and conduct training.
　
The decisive difference between sexual harassment and other forms of harassment is that, in other types of harassment, whether the act itself constitutes harassment is objectively determined based on the general public, whereas sexual harassment is based on how the victim feels. The subjectivity of whether or not is emphasized. In addition, it is difficult to determine whether an act constitutes harassment, such as when a warning instruction on the job is sued for mental power harassment, and the judgment is divided between the district court and the high court in court. In many cases, it is easy for anyone to judge whether or not external acts constitute harassment. This is why the victim's perspective is so important. Even if the other party does not blatantly refuse, it does not mean that they accept it, but the fact that there is an authority gradient that makes it impossible to refuse is also an important judgment factor.

In the past, even if things were done in secret, due to changes in social conditions in recent years, once the matter becomes open, it can be recognized as sexual harassment, and the perpetrators can lose the social status they have built up so far. Not a few. To that end, it is also important not to create external situations that could lead to suspicion of sexual harassment. Victims, even if they are recognized as sexual harassment, are exposed to rumors and cannot return to their original state, so there is no winner and only emptiness remains. In order to prevent this from happening, it is necessary to develop an environment to prevent it, so it is important not to be left behind by such trends.

References
*1 “Women, Business and the Law 2018” (wbl.worldbank.org)
*2 “Workplace harassment-related guidelines”,"(For business owners) Let's work on measures against sexual harassment in the workplace!" (mhlw.go.jp)