Stuprörseffekter i arbetet mot kränkningar och trakasserier

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Non-discrimination is a human right that has evolved from being a politicial declaration without any judical binding effect. It is now incorporated in the labour laws with a forcible civil law effect. An increasing focus on the organisational and social work environment have strengthened the prevention against victimisation in the workplace. The last years development has harmonised the preventional instruments against victimisation and active measures against harassment and sexual harassment. There are differences in if and how the employee can get redress and in who formally can handle the case depending on the nature of the disfavorably treatment. An incorrect definition of the disfavorably treatment could lead to faulty procedures and also lead to the case being tried by wrong supervisory authority or an incorrect local handling. In comparison with the schools responsibility regarding discrimination and violations of dignity, the importance of cooperation to increase the level of protection for the individual is apparent. The safety representatives and trade unions different roles against victimisation and discrimination can partially create problems that stems from seperate laws in the preventional work, supervision, sanctions and compensation. There are so called “downspout effects”, when supervisory authorities don't cooperate and the comprehensive picture goes astray. To prevent these “downspout effects”, discrimination and victimisation regarding the workplace should be under the same supervisory authority. The mandate of safety representatives should include active measures according to the The Discrimination Act.

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