Respect@Work and ILO Convention 190

#MeToo, #LetHerSpeak, #TimesUp and other movements have amplified women’s voices in a global discussion about sexual harassment and gender inequality.

Within the context of this global discussion, the International Labour Organization (ILO) has introduced Convention No. 190 (ILO Convention 190), the first international treaty to recognise the right of everyone to work free from violence and harassment, including gender-based violence and sexual harassment. Adopted in June 2019, ILO Convention 190 came into force on 25 June 2021.

Workplace violence can affect all health workers; however, it is particularly harmful to women. Violence and sexual harassment at work is not only a risk to women’s physical and mental wellbeing, but also can have a negative impact on career progression for women. The National Inquiry into Sexual Harassment in Australian Workplaces (2018) found that sexual harassment at work is widespread and pervasive. Almost two in five women (39%) and around one in four men (26%) have experienced sexual harassment in the last five years. Just over one in two Aboriginal and Torres Strait Islander people (53%) reported experiencing sexual harassment at work, reflecting of the intersectional nature of workplace sexual harassment.

“Violence and sexual harassment at work is not only a risk to women’s physical and mental wellbeing, but also can have a negative impact on career progression for women.”

The World Bank Women, Business and the Law 2021 reported that 58 countries did not have laws prohibiting sexual harassment in the workplace, 100 countries had no civil remedies for sexual harassment in the workplace, and 109 had no criminal penalties for sexual harassment in the workplace.

Only seven countries have ratified ILO convention 190. Ratification means that government commits to put in place the necessary laws and policy measures to prevent and address violence and harassment in the workplace.

Kate Jenkins, Sex Discrimination Commissioner, Australian Human Rights Commission, suggests that Australia’s “current legal and regulatory system is simply no longer fit for purpose.” Respect@Work: Sexual Harassment National Inquiry Report (2020) recommended improving the coordination, consistency and clarity between the anti-discrimination, employment and work health and safety legislative schemes.

Respect@Work also recommended that the Australian Government ratify ILO Convention 190. The Australian Government response has noted the recommendation and stated that the Government will consider this recommendation as part of usual treaty processes.

We call on the Australian Government to join this global effort against violence and harassment in the workplace by ratifying ILO Convention 190 and implementing the recommendations from Respect@Work.