Victim ́s consent in sexual harassment in the workplace

Abstract

The coming into force of sexual harassment regulation in our legal system, produced the need to include an analysis of its constituent elements. In this way, until now it was understood -by definition- that sexual harassment is an unwanted conduct by the victim, which violates their fundamental rights. Through this work, however, we try to tackle the task of determining the boundaries of such consent, evidencing the existence -in its origin- of cultural elements that reproduce stereotypes that ultimately darken the correct understanding of this phenomenon. In this way, we seek to establish interpretation criteria which is respectful of gender rights, in order to facilitate its application, in the sense of understanding that regulation enforceability related to the lack of consent, does not constitute a cause for exclusion of sexual harassment, but the object itself which the legal precept protects.