Sexual harassment in workplaces and schools affects a majority of European women throughout their lives. It is most common in male-dominated jobs like policing or truck driving or female-dominated professions, such as cleaning and waitressing. However, anyone can become a victim of sexual harassment in the workplace. While anyone, regardless of their gender, can become a target of sexual harassment, most victims are women, and most are under 40. In schools, even though there is a lack of statistics available, studies suggest that girls are much more likely to be victimised than boys, and girls who have previously experienced victimisation at home are more likely to be sexually harassed at school as well. Harassment at school can occur at all ages and stages of education.

Sexual harassment, especially if repeated or severe, can profoundly affect victims’ mental health by increasing their risk of developing depression or Post-Traumatic Stress or Post-Traumatic Stress Disorder (PTSD). Trauma and PTSD can affect a person’s memory and attention span, affecting students’ performance and employees’ ability to perform at work. For instance, children and young adults with a history of trauma tend to have lower grades and read at a less advanced level than their peers. In addition, studies suggest that developing PTSD as an adolescent affects a person’s ability to create relationships and increases their risk of facing social and emotional problems throughout their education. The EU’s Gender Equality Strategy for 2020-2025 aims to end gender-based violence and promotes gender equality in the workplace as two critical components of its work. Keeping these goals in mind, what can be done to improve the conditions women and girls' face throughout their education and career?

Sexual harassment is any form of unwanted verbal, non-verbal, or physical conduct which has the purpose or effect of violating a person’s dignity. Acts of sexual harassment can include unwanted touching, unwanted explicit photos, sexual jokes or comments, and more. Sexual harassment is typically carried out as an abuse of power, under threat of reprisal, or promise of reward, and can create an intimidating and degrading environment.

Workplace harassment refers to any harassment, both sexual and non-sexual, that occurs in an employment context, including when going to and from work, that threatens their safety, well–being, or health.

School violence is any violence in a school setting, including bullying and harassment. It disrupts learning and has a negative impact both on students directly affected and others in the environment.

Sexism refers to actions or attitudes that discriminate against people based on gender, including generalisations and stereotypes based on gender.

Gender-based violence (GBV) targets a person because of their gender or disproportionately affects people of a particular gender, such as women or non-binary people. Sex-based harassment is considered one type of GBV, according to the EU.

One key conflict is between conflicting cultural values. Something considered sexual harassment in one area might be considered normal behaviour in another. Conflicting values can make it difficult to legislate specific behaviour, as the same actions may not be felt equally problematic by everyone. For instance, certain legislators may wish to include sexual jokes as part of an EU-wide definition of sexual harassment, while others may not consider this behaviour inappropriate. Ιn the EU, not all Member States are likely to agree on how to classify particular behaviour. This difference can also be seen between different countries. For instance, in Germany, verbal sexual harassment is not considered a criminal offence, while in Belgium, any unwanted sexual conduct is considered sexual harassment.

Another critical issue is the existence of gender inequality and sexism in society as a whole. Gender inequality can impact the issue in at least two ways: prevalence and response. While anyone can become a target of sexual harassment, including men and non-binary people, it is aimed at women in the vast majority of cases, which is why it is considered a form of GBV. Women are more than three times as likely to experience sexual harassment at work than men, which could suggest a connection between perceptions of women and how common sexual harassment is. Secondly, gender inequality may affect how seriously the issue is taken, both in individual cases and societally. Given that only an estimated 14% of victims report sexual harassment to the authorities, and many who do report not being taken seriously, it can also affect whether or not women choose to report harassment. Studies have shown that women who defy sexist stereotypes by working in traditionally male-dominated industries or high-powered roles face more sexual harassment than others, potentially as a social ‘punishment’ for breaking social customs. The same is true for educational environments. Students who break gender norms are often punished through sexual harassment by their peers.

Related to this is another key conflict: the justice system. As mentioned, only a fraction of sexual harassment is reported to authorities, often due to distrust in the police or a fear of not being taken seriously. Many victims also report feeling embarrassment or feeling guilty after sexual abuse, making them less likely to seek help from police and other organisations. Additionally, women may fear reporting due to fearing job loss as a retaliatory measure, especially if the perpetrator is an employer or supervisor. The lack of reporting means a lack of knowledge of how widespread the issue is. It also means that authorities, schools, and employers do not become aware of the harassment and therefore cannot impose consequences on the perpetrator. However, sexual offences are notoriously difficult to prosecute even when reported. It is often challenging to meet the burden of proof, leading to situations where the only evidence available is testimony by those involved. When perpetrators are not prosecuted for their crimes, it reinforces the image that the justice system won’t help victims, creating a cycle of non-reporting.

Finally, this is exacerbated by a lack of information. While Eurostat is currently completing an EU-wide survey, there is presently no comprehensive information on the situation regarding GBV in the EU due to the lack of recent EU-wide surveys or studies. Unfortunately, this is an even bigger issue regarding violence in schools, as there have been no recent surveys on its prevalence, and there is no comprehensive EU-wide data. This is compounded by the previously mentioned underreporting, which makes national crime statistics incomplete as sources. Without accurate information, it is difficult for the EU, Member States, and NGOs to act efficiently.

The European Institute for Gender Equality (EIGE) is an EU body that gathers and analyses statistics on gender inequality, including sexual harassment. It works directly with the European Commission, the European Parliament, and Member States to provide expert knowledge and maintain resources accessible to the general public.

The International Labour Organization (ILO) is a UN agency that sets labour standards and promotes decent work and dignity at work for all workers. It is a so-called tripartite organisation, as it works with both governments, employers, and workers. The ILO has initiated several legally binding treaties that hold its signatories to specific labour standards, including the International Workplace Convention and the Discrimination Convention. It has also created guides for employers and employees on handling sexual harassment at work.

Member States’ Ministries of Education are responsible for developing their nations’ education policies, including equal treatment policies. As the EU only has supporting competence in this area, educational policies vary between countries. For example, certain countries, such as the UK, use dress codes or school uniforms to lessen sexual harassment, while in Sweden, dress codes are considered unconstitutional.

Schools have a responsibility to safeguard their students’ well-being according to most Member States policies. They often work in conjunction with the Departments of Education and school inspectorates in their respective Member States to achieve this. However, their approach can vary significantly depending on, e.g., the school’s religious status, location, and the age of its student body.

The European Agency for Health and Safety at Work (EU-OSHA) is the EU’s central body for ensuring safe and healthy workplaces, including both physical and mental health. EU-OSHA also prioritises improving gender equality in the workplace, such as by improving gender-sensitive risk assessment. However, its main task is collecting and disseminating information, and as such, they have a limited ability to intervene or enforce policies.

Employers have the foremost responsibility in preventing and responding to sexual harassment claims presented by their employees. This can include disciplinary action or terminations for perpetrators and support to victims that come forward. One concern may be that some employers may not be aware of how to handle cases of sexual harassment, as the legislation surrounding it can be difficult to understand.

As gender-based violence is considered a breach of fundamental rights, the EU has shared competence in the area. Both Member States and the EU can legislate, but the EU has legislative priority. This means that if the EU passes a directive on the issue, Member States must uphold it.

One such directive is the EU Directive (2006/54/EC), commonly known as the Recast Directive. It requires Member States to prohibit sexual harassment and violence in the workplace and directs employers to report sexual harassment they witness. The European Parliament has also been active on the issue. However, despite calls from the European Parliament to criminalise gender-based violence, including sexual harassment, it is not a crime under EU law.

There are also a number of international conventions related to freedom from sexual harassment. The Istanbul Convention asks signatories to prohibit gender-based violence and sets up a European framework. However, it is not mandatory for Member States or the EU to sign or ratify it, as the Council of Europe is not an EU body. Some Member States have also recently expressed a desire to withdraw from the Convention, mainly due to the inclusion of clauses relating to LGBTQ+ issues, such as its recognition of sex as separate from gender. The International Workplace Convention defines workplace harassment as a breach of human rights and defines a legal framework for definitions and discipline. However, like the Istanbul Convention, Member States do not need to become parties to it, and they can withdraw at any time. Additionally, neither the Council of Europe nor the ILO has the power to enforce the treaties, meaning Member States can refuse to adhere to them without facing any significant consequences.

The FREASCO Project is an ongoing, partly EU-funded initiative that aims to standardise and improve schools’ responses to sexual harassment and violence. This will include developing a quality label for schools that meet specific minimal requirements and online resources for schools and educators. However, this quality label will be voluntary, and only certain Member States are part of the project.

The European Commission’s Citizens, Equality, Rights and Values Programme (CERV) is a funding programme for initiatives and projects that contribute toward the EU objectives of fundamental rights, including women's rights. CERV has two subgroups dealing with women’s rights: Equality, Rights and Gender Equality (ERGE) and Daphne. The Daphne programme specifically deals with gender-based violence, while ERGE funds any non-discrimination efforts, including schools and workplaces.

The Be!Aware Project is a partly EU-funded programme aiming to prevent sexual harassment in the workplace by providing professional training to managers and supervisors. They have also created a handbook using the Be Aware methodology, which any employer can use.

The Bystanders Project was a research and intervention programme that aimed to engage young people in preventing sexual harassment in schools as bystanders. Specifically, it aimed to train students and staff to intervene when witnessing sexual harassment. The final product was a handbook used as a training resource in school environments.

Mutual Learning Programme in Gender Equality is a European Commission programme that aims to create an exchange of ideas between different Member States. The goal is for participants to learn from each others’ gender equality policies and improve national policies. One potential issue with the programme is that not all Member States choose to participate in it, and those that do are overwhelmingly Western European, which may limit what ideas are discussed and who learns from them.

Many countries already have measures in place against sexual harassment in the workplace. The UK has third party harassment provisions that make employers liable for reporting sexual harassment they become aware of, meaning employers must report any instances of sexual harassment to authorities, even if they are not involved. This can reduce the culture of silence in workplaces where sexual harassment is not unusual to occur. Moreover, the Portuguese Commission for Equality in Labour produced a report on sexual harassment in Portuguese workplaces, which provides a training manual for managers and employers distributed to 1500 workplaces. According to Austrian law, employers are duty-bound to take corrective action if they become aware of sexual harassment. In aid of this, the Austrian Ombud for Equal Treatment developed a set of practical guidelines for disciplinary actions that explain how to handle sexual harassment claims to employers and workshops for employers.

Most countries also have some measures against sexual harassment in schools, often as part of a more extensive set of measures against bullying. As an example, Sweden utilises ‘equal treatment plans’ that map out how the school has pledged to respond in cases of harassment, which must be easily accessible to the students, often in the form of a physical sign in classrooms. The goal is to make children aware of their own rights and encourage them to speak up, which is also dealt with through comprehensive sexuality education. In Finland and Italy, schools use KiVA, an anti-bullying and harassment programme that focuses on a three-pronged approach of prevention, intervention, and monitoring. The methodology has shown very promising results in multiple international studies.

Sexual harassment occurs at all ages and stages of life and disproportionately affects women. Aside from immediate consequences such as embarrassment, discomfort, and social issues, sexual harassment, especially in the workplace or in schools, can affect victims’ quality of life through loss of income, social ostracisation, and increased risk of life-long mental health issues.

Given all of these, why does sexual harassment persist? Societal and cultural values, sexism, and the attitudes of employers and educators are all factors that affect the response to sexual harassment, but these can be resistant to change. Some of the solutions mentioned have tried to tackle these issues through awareness-raising, new working methods, or better training. Could any of these work to alter ingrained attitudes and long-standing problems, or does the way we tackle sexual harassment need to be overhauled? For the next five years and beyond, what direction should the EU take to improve women’s quality of life by making their public lives safe?