Women were particularly expected to be sexually passive whereas men were not only expected but also encouraged to be sexually aggressive.

Sexual harassment relates not so much to the actual biological differences between men and women but to the gender or social roles which are attributed to men in social and economic life as well as perceptions and expectations about male and female sexuality in society.[3]

Sexual harassment is initially a legal term created for preventing harassment that is believed to have a sexual nature in the workplace, as well as in the school. The term is being redefined and extended in legislation and court decisions.

The Congress of the United States first prohibited discrimination based on an individual’s sex when it passed the Civil Rights Act of 1964. Title VII of the civil rights act prohibits sex discrimination by an employer with respect to compensation, terms, conditions, or privileges of employment.

However, it was not until the mid-1970s that U.S courts began to interpret sexual harassment as a form of illegal sex discrimination.[4] Starting from then, sexual harassment complaints as well as public awareness of the issue has increased.

In 1945, feminists succeeded in having the equal rights of men and women written into the United Nations charter [5] which was in 1948 as Universal Declaration of Human Rights (UDHR). Specifically the preamble to the UDHR states that  ’[a]ll human beings are born free and equal in dignity and rights.’ The equality of women and men has also been codified in the international covenant on civil and political rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), amongst others.[6]

These international instruments condemn practices which are inconsistent with human dignity and equality. Hence, the instruments condemn sexual harassment as sexual harassment denies women’s equality by putting a double standard for women in working/ learning institutions. Sexual harassment requires women to submit to men’s unwanted sexual advances and this is a double standard which is not imposed on males, clear violation of the right to equality and non-discrimination.  As clearly expressed in the preamble to CEDAW, discrimination against women relates to:

“Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Art 10 and 11 of CEDAW requires states to take measures to eliminate discrimination against women in the field of education and employment, respectively.

The law with respect to sexual harassment in the education institutions is not as much developed as that of workplace sexual harassment laws.

Title IX of the education Amendments of 1972 of the US has been held to prohibit both quid pro quo sexual harassment and hostile environment harassment.[7] It states that no person be discriminated based on their sex in all federally funded education institutions.[8]

The federal agency responsible for enforcing Title IX, the Office of Civil Rights of the Department of Education, has been responsible in giving the two types of sexual harassment as guidelines that help define the scope of the law with respect to sexual harassment.[9]

Nowadays several countries including Japan, Canada, Australia, and several European nations have laws that prohibit sexual harassment.[10] However, Ethiopia has not yet criminalised hostile environment sexual harassment that happens out of the work sphere such as in schools and on the streets. This is evidence of the unequal treatment of women in Ethiopia, contrary to Ethiopia’s international human rights obligations as highlighted. It is therefore imperative that Ethiopia takes the necessary steps to legislate specifically on sexual harassment and acknowledging that it is sex discrimination. The legislation (policy) must define and set boundaries to sexual harassment and cover both quid pro quo and hostile environment types of sexual harassment.

Furthermore, the reasonable woman standard must be the parameter in deciding the unwelcome (offending) nature of the act and the unwelcomed behaviors must be duly illustrated. The penalties imposed on perpetrators must be clearly set and compensation for victim students be granted by the legislation/policy. Furthermore, complaints of the alleged victim must be protected with the privilege of confidentiality and both formal and informal procedures must be included. In addition, Measures against retaliation for reporting must be included and educational institutions be made vicariously liable in compensating victim students where they fail to put in place a detailed policy on sexual harassment, with a proper grievance procedure, or having both, if they fail to act after the harassment came to their awareness. As no fundamental change happens without the provision of consistent training on the harmful nature of sexual harassment, members of higher education institutions must work together with the government in raising awareness and eradicating sexual harassment and bring on board pioneer organisations like Ethiopian Women Lawyers Association (EWLA) to combat and eradicate sexual harassment.

[1] Nelien Haspels and others, Action against sexual harassment at work in Asia and the Pacific, (2001), p.4

[2] Katharine T Bartlettt and others, Gender and Law: Theory, Doctrine, Commentary, (1998), p.496

[3]Nelien Haspels and others, Action against sexual harassment at work in Asia and the Pacific, (2001), p.4

[4] David L.Gregory, Sexual harassment in Employment – some proposals toward a more realistic standards of Liability, (1982-1983) p. 415

[5] Gudmundur Alfaredsson and others (eds.), (1995), p. 329

[6] Ethiopia has ratified all these three international human rights instruments,  https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=59&Lang=EN.

[7] Katharine T Bartlettt and others, Gender, and Law: Theory, Doctrine, Commentary, (1998), p.551

[8] id, at 1156

[9] David L.Gregory, Sexual harassment in Employment – some proposals toward a more realistic standards of Liability, (1982-1983) p. 415

[10] ibid