In most European countries the legal framework for protecting people against sexual harassment is considerably stronger than in Germany, a legal report from the Federal Office for Antidiscrimination shows. According to the report – which has been covered by the newspapers of the “Redaktionsnetzwerk Deutschland” – every country that participated in the survey explicitly forbids sexual harassment in general civil law and in employment law.
All of the surveyed states prohibit sexual harassment at least in the supply of goods and services. In many of them the protection extends further to health care, housing rentals and cultural services. No other country limits the prohibition of sexual harassment to employment law alone, as Germany does.
Across many European states there are also regulations covering the public sector, for example in education. The report points out that Germany is the “last mover” in terms of legal safeguards. For victims, this means that harassment by colleagues – through lewd gestures, looks or remarks – could give rise to a claim for damages or compensation, and the employer would be obliged to prevent it. The situation is different if a landlord verbally harasses a tenant or if a driving instructor suddenly shows pornographic images; in those cases victims find that legal recourse is much harder to obtain.
Ferda Ataman, the federal commissioner for antidiscrimination and head of the Antidiscrimination Office, told RND that sexual harassment is a form of discrimination that must be better protected – especially for women – and that the circumstances described are “unbearable for those affected”. She added that the federal government has announced a reform of the General Equal Treatment Act, which should include stronger safeguards against sexual harassment in renting, gyms, driving schools and other areas.
A spokesperson for the Federal Ministry of Justice said that harassment involving the abuse of power is already punishable under existing criminal law. Nevertheless, the ministry sees “partial legislative action required”. The spokesperson explained that the coalition agreement of the CDU, CSU and SPD includes provisions to improve discrimination protection and that the government is currently examining how best to implement those guidelines.
