COUNCIL RESOLUTION of 29 May 1990 on the protection of the dignity of women and men at work (90/C 157/02)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Whereas unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work, including the conduct of superiors and colleagues, is unacceptable and may, in certain circumstances, be contrary to the principle of equal treatment within the meaning of Articles 3, 4 and 5 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (1), a view supported by case-law in some Member States;

Whereas, in accordance with the Council recommendation of 13 December 1984 on the promotion of positive action for women (2), many Member States have carried out a variety of positive action measures and actions having a bearing, inter alia, on respect for the dignity of women at the workplace;

Whereas the European Parliament, in its resolution of 11 June 1986 on violence against women (3), has called upon national authorities to strive to achieve a legal definition of sexual harassment and has called upon national governments, equal opportunities committees and trade unions to carry out concerted information campaigns to create a proper awareness of the individual rights of all members of the labour force;

Whereas the Council is anxious to take account of the study which found that sexual harassment is a serious problem for many working women in the European Community and is an obstacle to the proper integration of women into the labour market (4);

Whereas the Advisory Committee on Equal Opportunities between Women and Men, in its opinion of 20 June 1988, has unanimously recommended that there should be a recommendation and code of conduct on sexual harassment in the workplace covering harassment of both sexes, 1. AFFIRMS, that conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work, including conduct of superiors and colleagues, constitutes an intolerable violation of the dignity of workers or trainees and is unacceptable if: (1) OJ No L 39, 14.2.1976, p. 40. (2) OJ No L 331, 19.12.1984, p. 34. (3) OJ No C 176, 14.7.1986, p. 79. (4) "The Dignity of Women at Work, Report on the problem of sexual harassment in the Member States of the European Communities, October 1987" (ISBN 92-825-8764-9). (a) such conduct is unwanted, unreasonable and offensive to the recipient;

(b) a person's rejection of, or submission to, such conduct on the part of employers or workers (including superiors or colleagues) is used explicitly or implicitly as a basis for a decision which affects that person's access to vocational training, access to employment, continued employment, promotion, salary or any other employment decisions;

and/or

(c) such conduct creates an intimidating, hostile or humiliating work environment for the recipient;

2. CALLS ON the Member States to: 1. develop campaigns of information and awareness for employers and workers (including superiors and colleagues), taking account of the best practice which exists in various Members States, to counter unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of women and men at work;

2. promote awareness that the conduct described in paragraph 1 may be, in certain circumstances, contrary to the principle of equal treatment within the meaning of Articles 3, 4 and 5 of Council Directive 76/207/EEC;

3. remind employers that they have a responsibility to seek to ensure that the work environment is free from: (a) unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of women and men at work;

(b) victimization of a complainant or of a person wishing to give, or giving, evidence in the event of a complaint;

4. develop appropriate positive measures in accordance with national legislation in the public sector which may serve as an example to the private sector;

5. consider that both sides of industry, while respecting their autonomy and subject to national traditions and practices, could examine in the context of the collective bargaining process the question of including appropriate clauses in agreements, aimed at achieving a work environment as described in paragraph 3;

3. CALLS ON the Commission to: 1. continue its efforts to inform and make aware employers, workers (including superiors and colleagues), lawyers and members of courts, tribunals and other competent authorities of the importance of the concept set out in paragraph 1 and of the fact that, in certain circumstances, failure to respect this concept may be contrary to the principle of equal treatment within the meaning of Articles 3, 4 and 5 of Directive 76/207/EEC;

2. draw up, by 1 July 1991, in consultation with both sides of industry and following consultation with the Member States and national equal opportunities authorities, a code of conduct on the protection of the dignity of women and men at work which will provide guidance, based on examples and best practice in the Member States, on initiating and pursuing positive measures designed to create a climate at work in which women and men respect one another's human integrity.

4. CALLS ON the institutions and organs of the European Communities also to: 1. respect the concept set out in paragraph 1;

2. develop positive action measures aimed at achieving a work environment as described in paragraph 2 (3).