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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Recent Development in Sexual Harassment Law in Malaysia: Whither the Victim's Protection?

Hamin, Z., Hussain, F., Abdul Rani, A.R., Kamaruddin, S., Wan Rosli, Wan R. 25 September 2023 (has links)
Yes / Before 2012, there was no law on sexual harassment in Malaysia. However, when the Employment Act 1955 was amended in 2012, employers must inquire into sexual harassment complaints, failing which a criminal penalty will be imposed. Unfortunately, the new law did not allow a complainant to claim damages from the harasser or the employer. After more than two decades of campaigns by women's rights groups and NGOs, the Anti-Sexual Harassment Bill 2021 (hereinafter 'the ASHB 2021') was finally enacted and passed in July this year. Given the novelty and absence of any academic research, this paper seeks to examine the provisions of the Bill critically to understand its scope, coverage and broader implications for sexual harassment victims. The paper employs a qualitative research methodology, adopting a doctrinal approach and content analysis of the primary source, the ASHB 2021, that would provide a deeper understanding of the legislation. The authors contend that despite being regarded as a victim-centric law, the Bill is half-baked and inadequate to protect sexual harassment victims due to its failure to include significant provisions on the sexual harassment definition, the protection against victimisation and employers' obligations to prevent and address such conduct. / The authors would like to express their gratitude to the Faculty of Law, Universiti Teknologi MARA (UiTM) Shah Alam, Selangor, Malaysia, which facilitated the writing and publication workshop and funded this paper.

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