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ANTI-SEXUAL HARASSMENT BILL 2021 — PAVING THE WAY IN SAFEGUARDING HUMAN RIGHTS


 

Abstract


Sexual harassment is widely regarded as an offensive behaviour intended at breaching women’s fundamental human rights and also at undermining their dignity. While this negative tendency is unpleasant regardless of where it happens, it has a particularly detrimental effect when it occurs within an organisational structure. Considering the rising sexual harassment complaints accumulated, the Anti-Sexual Harassment Bill 2021 was finally tabled for its first reading in the Dewan Rakyat on 15th December 2021 to ensure that anyone who has been sexually harassed has a right to redress. The definition of sexual harassment provided under the current laws and the sexual behaviour constituting sexual harassment is discussed in this paper to raise awareness of sexual harassment and equip everyone especially women with the necessary knowledge on the scope of sexual harassment. The findings of this paper including several decided cases indicated that there is a need to enforce specific legislation such as the Anti-Sexual Harassment Act to prevent and deal with the cases of sexual harassment in Malaysia. Finally, the paper recommends some amendments to be made to the proposed Bill to provide more comprehensive and effective legislation protecting women against sexual harassment not limited in the workplace.


 

Chong Wen Ni, Universiti Utara Malaysia




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