Constitutional Court Rules Sexual Element Essential in Harassment Law

The Constitutional Court rules that a sexual element is essential for harassment law, not covering all inappropriate behavior.

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آئینی عدالت کا فیصلہ: ہراسگی قانون میں جنسی عنصر لازمی، ہر نامناسب رویہ شامل نہیں

Islamabad: (RightNow) The Federal Constitutional Court has ruled that a sexual element is essential for action under the harassment law. The court clarified that not every inappropriate or undesirable behavior falls under sexual harassment.

In its 18-page decision, the court stated that complaints lacking a sexual element do not fall within the jurisdiction of the Federal Ombudsman. Institutions can take action against inappropriate behavior under their service rules.

The court further explained that the purpose of the harassment law is to protect both women and men from sexual harassment at the workplace, and it does not apply to general complaints.

The court stated that the President is authorized to hear representations against the Federal Ombudsman’s decisions, and the High Court can intervene on limited constitutional grounds.

It is noteworthy that in the case of bank officers’ dismissal, the Federal Ombudsman’s decision was altered by the President to a reprimand, which was annulled by the Islamabad High Court. However, the Constitutional Court has now reinstated the President’s order.

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