By Rachel Cox

This paper looks at the implications of addressing gender-based violence and harassment (GBVH) under a work health and safety (WHS) framework. It describes the characteristics of gender-responsive WHS approaches to prevention of violence and harassment, in particular with respect to risk assessment and other WHS prevention mechanisms. Integration of rights and obligations under equality and non-discrimination legislation and WHS legislation are considered, specifically with respect to responses to GBVH within organisations and access to remedies for workers who have been harmed by such behaviour. Parallel prevention duties incumbent on organisations are also considered.

The paper concludes that addressing GBVH under a WHS framework allows for proactive, systematic, collective, inclusive and publicly-enforceable approaches to prevention. As such, WHS regimes have the potential to offer the kind of progressive and transformational change needed to prevent GBVH at work and ensure that women’s and other people’s equality rights, as well as their health and safety, are respected. However, given historical and ongoing resistance to the idea that GBVH is a work-related risk, a legal obligation to conduct a gender-responsive risk assessment emerges as an important precondition for effective prevention.

ILO Working Paper 116. 

Geneva: International Labour Organization, 2024. 55p.