# ME TOO: WHERETO NOW IN LIGHT OF THE ILO RECOMMENDATION 190 OF 2019? A COMPARATIVE STUDY BETWEEN SOUTH AFRICA, INDIA AND THE USA

Back to Page Authors: Dina Maria Smit

Keywords: female, sexual harassment, ILO Recommendation 190, #MeToo, #NotMe, dignity

Abstract: The # Me too movement not only drew attention to a power differential when it comes to sexual harassment but also stressed the sound of silence proffered upon victims of sexual harassment. The question thus arises if legislation alone is sufficient to curb the surge of sexual harassment cases reported since the 2017 Harvey Weinstein debacle, or whether the law pertaining to sexual harassment in other countries could benefit or borrow from established principles in other countries. For instance, in South Africa and the USA, sexual harassment could be perpetrated from male to female, female to male or all other instances of gender fluidity. Some 30% of South Africa's women and 18% of its men have been victims of unwanted sexual advances in the workplace. In India, the law only recognizes sexual harassment from male to female- which leaves a huge gender gap. Over 50%-52.5% of all women workers faced sexual harassment in Uttar Pradesh in India and markedly absent any official reporting by the gender-fluid or female to male sexual harassment committed. It is a known fact that sexual harassment is more than human behavior; it is unacceptable behavior; it can be also seen as a form of sex discrimination; or discrimination based upon gender. It could be regulated by a specific Act, as in India or form part of anti-discrimination laws, such as in the USA and South Africa. This presentation sets out the similarities and differences of three countries, South Africa, India, and the USA re the management and prevention of sexual harassment. This is done against the backdrop of the #Me too movement and the latest ILO Recommendation and Convention of 2019, calling for member countries to adopt measures to curb sexual harassment and bullying at work. This is a comparative study in nature and aims to contribute to the growing body of evidence on sexual harassment in the new world of work. The main question to be answered is if, taken into account the # Me Too and the subsequent# Not Me movement, set against the backdrop of the new ILO Convention and Recommendation of the ILO, sexual harassment as social ill can effectively be curbed by legislation or managed to protect the dignity of its victims in a modern-day society.