scholarly journals On the Record: Nicolette Naylor & Sibongile Ndashe

Author(s):  
Kelley Moult

Recent local and global developments have turned the spotlight on the role of law in addressing sexual harassment in the workplace. Almost four decades after feminist legal scholars pushed for law that recognises that sexual harassment constitutes a form of discrimination that is legally actionable, it is important to take stock of the success and limits of the law. In a context where the law is increasingly accused of complicity in shielding abusers by (mis)applying sexual harassment policies to exonerate the perpetrators or fail to hold institutions to account where they claim that their hands are tied because complainants do not want to lay formal complaints. Nicolette Naylor (Director, Ford Foundation for Southern Africa) and Sibongile Ndashe (Executive Director: The Initiative for Strategic Litigation in Africa [ISLA]) discuss the role of the law against the backdrop of the successes of campaigns like the #MeToo movement that encourage survivors to speak out outside of the by unmasking and publicly naming perpetrators. The conversation was originally presented as an ISLA Conversation between Nicolette and Sibongile on 10 July 2018 in Johannesburg.

2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>


2021 ◽  
Author(s):  
◽  
Heike Menne-Spohr

<p>The aim of this research is to fill a gap in the New Zealand literature which is to investigate whether the sexual harassment legislation is being understood, implemented and monitored in organisations effectively.  This thesis explores how organisations in New Zealand are using tick-box compliance when implementing sexual harassment legislation into their employee policies and procedures documents due to the ambiguity of certain words. It looks at the role that Human Resources consultants and trade unions play, and further using the endogeneity model, the thesis explores the effect that tick-box compliance has on the legal consciousness of sexual harassment in organisations and third parties.  Data was collected through semi-structured interviews with Human Resources professional at public and private sector organisations, Human Resources consultants as well as trade union representatives who are actively involved with the implementation and management of sexual harassment policies in the workplace.    It was found that organisations had implemented sexual harassment policies and procedures several years previously and that these had not been changed significantly due to a lack of change in the law itself. The findings also indicate that the organisations implement sexual harassment polices using a tick-box approach and they do not necessarily fully understand the legislation. It was suggested that the emphasis had shifted from sexual harassment to bullying and that the third parties like trade unions and Human Resources consultants see more cases of this than sexual harassment.   The thesis concludes that although organisations have sexual harassment policies and procedures, these are outdated and are not part of the legal consciousness of organisations, trade unions and Human Resources consultants. The ambiguous nature of the wording in the law itself and the lack of guidelines for organisations on how to implement them has resulted in tick-box compliance and organisations do not know if their policies are effective or not. Further the low penalties for sexual harassment behaviour means that there is no incentive for sexual harassment victims to raise complaints.</p>


2006 ◽  
Author(s):  
Carra S. Sims ◽  
Fritz Drasgow ◽  
Louise F. Fitzgerald ◽  
Reeshad S. Dalal

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness


2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.


Author(s):  
Ravi Malhotra

Honor Brabazon, ed. Neoliberal Legality: Understanding the Role of law in the neoliberal project (New York: Routledge, 2017). 214pp. Paperback.$49.95 Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality (Princeton: Princeton University Press, 2019). 297 pp. Hardcover.$29.95 Astra Taylor. Democracy May Not Exist, but We'll Miss It When It's Gone (New York: Metropolitan Books--Macmillan, 2019). Hardcover$27.00


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