5.5 The laws dealing with sexual abuse, exploitation and harassment
It is important to understand the laws of your work location in relation to dealing with sexual exploitation, abuse and harassment (SEAH) so that you’re better prepared to deal with these.
This will also be important when you may need to advise victims/survivors of their rights.
There are also rights and responsibilities owed to the perpetrators under Employment Law, which you may have to get legal advice on.
As part of your mapping of what is available in the areas that your organisation is working in, it is important to have some idea of the laws of that location in relation to dealing with sexual abuse, exploitation and harassment.
Activity 5.3 What are the laws in your location?
You might already know the answers to the questions below or, at this point, you might need to do some further research. Make a note of your answers in your learning journal.
What are the legal definitions of ‘a child’ and ‘vulnerable adult’ where your country programme is located? (Note: If legal definitions are lower than international standards, the higher standard should always apply.)
What are legal definitions of sexual abuse, exploitation and sexual harassment?
Is there mandatory reporting of sexual abuse, exploitation and harassment to local authorities? Are you clear on who you may need to report to and how such reports should be made?
Does your organisation have access to legal advice locally and/or internationally to assist in organisational response to safeguarding reports should you need it?
Does your organisational need to abide by any data protection laws in the country that relate to case management of safeguarding concerns?
ANEETA: Thanks, Sherine, for raising this important point. Under national laws in most countries, children can and can’t do certain things, depending on their age. What’s important to remember is that, under the almost universally ratified United
Nations Convention on the Rights of the Child of 1989, a child is defined under the age of 18 years old, and should be provided protection against all forms of harm and exploitation. That is the definition that we use in International Safeguarding
Standards and most protection laws globally also use this definition.
Sherine has a question relating the various definitions of children under local laws.
Watch the video above to find out more.
Is the definition of a child as being anyone under the age of 18 (UN Convention on the Rights of the Child, 1989 or other) followed in the country that you work in?
