Sexual harassment typically involves unwelcome sexual advances, requests for sexual favors, or any other verbal, nonverbal, or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work or educational environment. Women in our societal structure are generally considered as caregiver roles of mothers and wives. We do not think they are as equal working partners. It is observed that the males in household activities are absent and women’s activities are entertaining guests, preparing food, and cooking. However, this research sheds light on the present scenario regarding gender roles and stereotypes among higher education students of Rajshahi University.
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It is found that our tertiary education is not performing well in understanding gender roles and eliminating gender stereotypes. Some of the reasons behind misunderstanding gender roles and gender stereotypes are: unequal representation of gender in books, stories, novels, news, cinemas, cartoons, etc., not designing the education systems to ensure equal gender roles, not devising any initiative to distribute gender education to older people, lack of research on gender issues, lack of vision and vigilance, etc., are responsible.
UN’S SUSTAINABLE DEVELOPMENT GOALS AND UNIVERSITIES DECOR
In Bangladesh, the UN interventions were implemented with a focus on the transformation of harmful masculinity through capacity building of local and regional organizations. The sustainable development of higher educational institutions in Bangladesh must address sexual harassment prevention and gender equality as it is not only a fundamental human right but a necessary foundation for peace and justice. Women are facing many challenges in University regarding discriminatory laws and social norms. Women continue to be underrepresented at all levels of public life experiencing physical or sexual violence by an intimate partner, stranger, staff, or teachers.
This research is very much connected with the implementation of the 2030 Agenda for Sustainable Development adopted by Member States. Again, SDG Target 11.7 declares providing safe public spaces and target 16.1 pronounces on reducing all forms of violence are closely related to this proposed project. The deep-rooted gender inequalities and discrimination make women helpless at the higher education level. Sexual harassment in public universities had the highest proportion (90 percent) of women who reported ‘never telling anyone’ about their experience of harassment by friends or teachers. As we can see the same in the RMG sector where over 50 percent of the workforce consists are women. Women are actively participating in business, sports, healthcare, politics, leadership roles, journalism, and entertainment.
GENDER STEREOTYPE AND GENDER STEREOTYPING
A gender stereotype is a generalized opinion or preconception about attributes, categorized thinking, or characteristics that are or ought to be possessed by women and men or the roles that are or should be performed by men and women. Gender stereotypes can be both positive and negative for example, “women are encouragement” or “women are weak”. Gender stereotyping is the repetition of ascribing to an individual woman or man specific attributes, characteristics, or roles by reason only of her or his membership in the community group of women or men. In comparison, gender stereotyping is the repetition of applying that stereotypical belief to a person. Gender stereotyping is unlawful and unjust when it results in a violation or violation of human rights and fundamental freedoms.
INTERNATIONAL LEGAL FRAMEWORK AGAINST STEREOTYPING
The international human rights legal context looks at the worries with stereotypes and stereotyping that shake recognized human rights and fundamental human choice. The CEDAW Committee has enlightened that States Parties must amend or transform “harmful gender stereotypes” and eliminate “wrongful gender stereotyping.” The other UN human rights instruments agree with the methodology adopted by the CEDAW Committee, important two questions arise that need to be responded to.
Firstly, when is a stereotype considered to be “harmful?” and, secondly, when is stereotyping “wrongful?” Introductory direction on each of these questions is offered by UN agencies in a determination to simplify a dialogue within the body about how it reassures the UN human rights instruments to discover these questions supplementary. The CEDAW Committee emphasized several sexual stereotypes in Karen Tayag Vertido v. The Philippines where the trial judge contributed to the decision to release the accused. Jose B. Custodio, the complainant’s comment was against Karen Tayag Vertido who was a victim of rape.
KAREN TAYAG VERTIDO V. THE PHILIPPINES
In Karen Tayag Vertido v. The Philippines, the Committee held the State Party was responsible for the decision of a trial judge to release an accused of rape. For this reason, it affirmed that States Parties must confirm that allegations of violence against women are “dealt with in a fair, impartial, timely and expeditious manner” and the final observation was “take caution not to create inflexible standards of what women or girls should be or what they should have done when confronted with a situation of rape based merely on preconceived notions of what defines a rape victim or a victim of gender-based violence, in general.”
“Committee stresses that stereotyping affects women’s right to a fair and just trial and that the judiciary must take caution not to create inflexible standards of what women or girls should be or what they should have done when confronted with a situation of rape based merely on preconceived notions of what defines a rape victim or a victim of gender-based violence, in general.”
In this case, CEDAW Committee said, In addition to L.C. v. Peru, has been addressed, it was claimed in both L.M.R. v. Argentina and K.L. v. Peru that gender stereotyping had negatively affected the capability of the victims to access abortion. Anyway, the HRC discourse stereotypes/stereotyping in finding that the denial of access to abortion by the respective States Parties violated the ICCPR.
EXAMPLES OF SEXUAL MISCONDUCT INCLUDE
THE REAL SCENARIO IN HIGHER EDUCATIONAL INSTITUTIONS
The researcher recorded 200 responses, all of them perusing higher education at the University of Rajshahi, particularly students of various departments who were underway with the completion of their undergraduate and graduate courses. The subjects of this research were evaluated through a set of 10 questions regarding gender roles and gender stereotypes to prevent sexual harassment. Responses were recorded through written questionnaire form and in-person interviews. Among the participants, 66.6% were students of undergraduate courses, and 33.3% were students of graduate students of various departments.
The chart 1.1 contains questions and responses from the participants regarding stereotypes of thinking. This set comprises four questions in total. The questions include whether they consider “Shame and softness is the ornament of women”; “Crying or emotion is for female not to be for men.”; “If females are not in decent dressed they will not be harassed”; “it is modest for women to dress in men’s clothing”. The responses to these questions show that a majority of 92.5% regard “Shame and softness as the ornament of women”.
Chart 1.2 contains questions and responses from the participants regarding stereotypes of female dress. The questions include whether they consider “If females are not in decent dressed they will not be harassed”. The responses to these questions show that a majority of 74.7% regard decent dress as an essential condition for females, but what does it mean by decent dress? The respondent said Western dress is not decent.
Gender inequality, sexual harassment, and violence against women are certainly not a new phenomenon in Bangladesh. It is found that most of the Universities including the University of Rajshahi under which sexual harassment views are propagated through stereotyped and customary structures of masculinity and femininity. This research focuses on gender inequality especially sexual harassment and violence against women, and supportive attitudes toward female students. Additionally, the study searches how these roots can encompass to the use of collective violence, including sexual harassment.
The stereotypes regarding masculinity attitudes are high and dominating even amongst the students pursuing their graduate degrees. The underlying reasons for the high prevalence of stereotypes regarding Masculinity Attitudes are poorly addressed and well-known. Table 1.2 contains questions and responses from the participants regarding stereotypes of women’s advancement. The responses to these questions show that 40.7% regard university education as more important for men than women. A majority of 53.49% think that university education is of equal necessity for both males and females. 5.8% of the respondents provided neutral responses.
59.3% of the interviewees opine that men make better political leaders than women. 33.7% believe that men and women both can make good political leaders. A small portion, i.e., 7% of subjects, remained neutral in response to this question. A greater margin of participants representing 66.3%, contemplates that overall, men could do better business than females do, while 30.2% think both men and women can do good business. The remaining 3.5% preferred to be non-aligned on the issue. On the whole, more than 55.43% of higher-educational students of Rajshahi University have stereotypes concerning women’s advancement.
INSTITUTIONAL BETRAYAL
The expression “sexual harassment” is the appropriate term instead of eve-teasing. Every Police Station in Bangladesh will have a separate cell or team, designated only to deal with complaints/instances of sexual harassment in the streets, public places, shops, markets, stations or terminals, buses, trains, steamer (private or public) and any other transport and different neighborhood areas. The University of Rajshahi has experienced several cases of sexual harassment, rape, and abuse including institutional trauma and Betrayal. Sexual violence will not be stopped without this sort of deeper education that allows learners to break through their ignorance and begin to understand and address the roots of the problem.
The authorities of Rajshahi University proscribed a professor of psychology department off duties, for two years on charges of making indecent gestures and harassing his female colleagues sexually. Before finding guilty by the authorities, the allegations to the university’s sexual harassment prevention cell found him guilty of such behaviour. Now the question arises, is there enough punishment for such behavior? In Universities, the most aware and educated community after the incident of harassment suffers silently and does not disclose and report because they do not believe the institutional response will be helpful to them.
LARGE-SCALE TRAUMA: DIRECT & INDIRECT AFFECTS
Assaulted students not to reach for help to authorities because they do not believe the institutional response will be helpful to them. The Sexual harassment prevention policy of Rajshahi University has to specify who is expected to comply with this rule or policy. As like all faculty, staff, academic staff, students, applicants, families, and other members of the RU community. However, harassment does not involve discrimination based on sex. According to the CEDAW Convention, any kind of discrimination based on sex, gender, gender expression, sexual orientation, sexual identity, or gender identity will need to be reviewed and inserted into the University’s gender policy.The typical role of society reinforces gender parity which causes discrimination and violence. Addressing sexual exploitation and Sexual misconduct in higher educational institutions and workplaces because;
Unwelcome commentary, including but not limited to drawings, written statements, social media posts, or verbal statements, about an individual’s body, genitals, or sexual activities; again demeaning environment for employment, education, and living includes harassment. Sometimes this unwelcome communication may be verbal or nonverbal, written, or electronic. Such conduct does not need to be directed at or to a specific individual to constitute sexual harassment but may consist of generalized unwelcome and inappropriate behaviors or communications.
University needs to:
- Provides contact information for confidential and other resources available to all individuals.
- Explains the process for responding to and addressing reports and formal complaints of prohibited conduct, including retaliation.
EXPERT OPINION
– NIJHOOM MAJUMDER
Barrister & Solicitor (Supreme Court of New South Wales, Australia & High Court of New Zealand)
How can universities create strong legal frameworks to prevent and address sexual harassment and gender discrimination?
Establish clear professional boundaries and have a code of conduct for behavior, explaining in detail inappropriate conduct. It is important to establish boundaries and have a code of conduct for behavior which can be referred to, when necessary. This will give a guideline for pupils/staff to refer to if they want to find out / investigate an incident. This is crucial as sexual discrimination and gender discrimination can occur in many different shapes and forms, and are sometimes hard to differentiate or understand. Once this is readily available, the next step would be to make everyone within the institution aware of this. And finally, to be able to use this or understand it, it is necessary to engage in discussions on the subject to cultivate a shared ethical awareness within academic communities. Only then a safer space to achieve study/work can be achieved.
What roles can legal professionals play in advocating for gender equality and challenging harmful stereotypes in education?
Legal professionals can educate pupils further by letting them know of their rights on not only the issue of being discriminated/harassed but also making them aware of the availability of free legal services/ social services etc. which are available to them. Lawyers practicing in the private sector can also accommodate more pro bono cases.
What legal reforms can be implemented to support survivors in reporting sexual harassment and seeking justice effectively?
The existing law on this is already very supportive towards the victims. However, when it comes to victims seeking justice, all the sectors involved when a report is first filed till the end should actively try to be more sympathetic and effective in dealing with the matter. This includes handling complaints at the police station promptly and ensuring swift court proceedings without unnecessary delays. The victims should not be made to feel that the process is overwhelming and this can only be achieved through speed, efficiency, and sympathy
