Equality in Workplace: Human Rights, Harassment, GBV/OGBV and Justice.
Lubna Zahan
District and Sessions Judge, Ministry of Law, Bangladesh
Human dignity and equality are core to all human rights. Equality in the workplace is a foundational human right and central to sustainable human development. The notion of human rights got a crystal clear shape by the United Nations, which acted as the proponent of equality and justice from its inception to struggle against prevailing prejudices and inequalities. Non-discrimination and equality in the workplace are deep-rooted principles of the UN Charter, Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social, and Cultural Rights (ICESCR).
It was felt that the core human rights systems failed to achieve practical gender equality, and hence, unique measures were urgent. As a result, the world got the “Declaration on the Elimination of Discrimination against Women” in 1967. Though the Declaration was not legally binding, it was a significant step in recognition and establishing the legal basis for women's equality. It established that discrimination against women is a crime against human dignity and is fundamentally irrational. A remarkable juncture in the path of the United Nations to eradicate discrimination against women was the adoption of the “Convention on the Elimination of All Forms of Discrimination Against Women” (CEDAW) in 1979. By setting norms on equality between men and women, CEDAW became a milestone international document. In short, CEDAW serves as a well-accepted universal standard for the equality of men and women. The CEDAW Convention contains 30 articles. Article 11 of CEDAW is about women's employment and states that “State Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment to ensure, on a basis of equality of men and women”.
The “Declaration on the Elimination of Violence Against Women”, 1993 defined Gender–based violence (GBV) in Article 1, “violence against women” as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. It also includes sexual harassment and intimidation at work, in educational institutions, and elsewhere, as part of violence against women. The Beijing Declaration and Platform for Action (PFA), 1995, calls on governments and all other concerned parties to work actively through programs and procedures to eliminate GBVH in all educational institutions, workplaces, and elsewhere. The Commission on the Status of Women (CSW) (Formed in 1946) guided us through their agreed conclusions, which refer to the need to respond to, prevent, and eliminate all forms of discrimination and violence, including GBVH in the workplace. In its agreed conclusions on “Women’s economic empowerment in the changing world of work”, adopted in 2017, the Commission proposed enactment of laws and policies, strengthening the capacity and enforcing laws and policies, in public and private spheres, to eliminate all forms of violence and harassment against women of all ages in the world of work.
Conventions of the International Labor Organization (ILO), notably the “Violence and Harassment Convention, 2019 (No. 190)” and the “Violence and Harassment Recommendation, 2019 (No. 206)”, are a reflection of the tremendous solidarity of the global community to act collectively and stand against workplace violence and harassment. The ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) specifically recognized the universal norm of non-discrimination in employment on a number of grounds, including sex, race, color, religion, political opinion, national extraction, and social origin. To this end, Member States need to declare and pursue appropriate programs and national policies designed to promote equality of opportunity and treatment, for the purpose of eliminating discrimination and GBVH in the workplace. Another ILO Convention No. 190 (or C190 for short) is considered the first international treaty to recognize the GBVH irrespective of the formal and informal economy. Achieving gender equality and empowering all women and girls is Sustainable Development Goal (SDG) 5, aiming to end GBVH to ensure equal opportunity and leadership. SDG 8 is “Decent work and economic growth: Promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all”. It is to be noted that the above-mentioned international human rights norms are universal, inalienable, inherent, indivisible, and interdependent for all human beings.
From the discussion of international human rights instruments, we got the standard notion of some terms. Some abbreviations are used to easily address our discussed human rights, i.e., GBV (Gender–based Violence), GBVH (Gender–based Violence and Harassment), OGBV (Online Gender-based Violence), etc. “Equality in the workplace” encompasses equal opportunity, equal pay, non-discrimination, and respect towards diversity. It also includes an inclusive and conducive work environment with security and freedom. Equality in the workplace advocates for the removal of all discrimination and ensures access for all to opportunities, rewards, and resources. “Workplace harassment” will refer to the presence of a hostile work environment. It also includes discriminatory practices and GBVH. “Declaration on the Elimination of Violence Against Women”, 1993, defined Gender–based violence (GBV).
Online Gender-based violence is a global phenomenon and a violation of human rights. Gender-based violence (GBV), when digitally enhanced and perpetuated through technological and electronic means, is considered online gender-based violence (OGBV). The act of sending unsolicited photographs of genitalia or sexual acts with the intent of silencing a person is called Cyber Flashing. Cyberstalking refers to the surveillance or monitoring of a person through digital technology used to prevent victims from escaping an abusive situation. Digital Voyeurism includes filming, watching, and sharing online films or videos, which may be done by hidden cameras in innocuous objects or through photographs stolen from the person and disseminated without their consent. Sometimes, individuals can be deep-faked or superimposed onto online images known as Creepshots using artificial intelligence. Doxing refers to the disclosure of personal data online, along with malicious suggestions for others to contact the person targeted to cause more harm or with indecent intent. Online sexual harassment and bullying take place through the internet through messaging, emailing, calls, and indirect messaging through various platforms. Zoom bombing forms when people join online to post racist, sexist, pornographic, or anti-Semitic content to shock and disturb viewers.
In the national context, Bangladesh participates in various international forums and has ratified key international human rights treaties, reflecting its concern for equality and the protection of human rights for all, including women. The Constitution of the People’s Republic of Bangladesh clearly declares the commitment to end gender-based violence and harassment (GBVH) in all spheres of life. Few articles are relevant in this regard: Article 27 (Equality before the Law), Article 28 (Non-discrimination and equal rights of women), Article 29 (Equality of opportunity in public employment), and Article 19 (Ensuring equality of opportunity and removal of inequality). Article 28(2) specifically stated that “women shall have equal rights with men in all spheres of the State and of public life”. Article 28(4) states that “Nothing in this article shall prevent the State from making special provision in favor of women or children or for the advancement of any backward section of citizens”. Article 19(3) also provides that: “The State shall endeavor to ensure equality of opportunity and participation of women in all spheres of national life” as a fundamental principle of state policy. Legal remedies are available in the existing justice system under relevant criminal laws, e.g., Writ jurisdiction of the Supreme Court (Article 44 and 102 of the Constitution), Penal Code, 1860, Nari O Shishu Nirjatan Daman Ain (Women and Children Repression Prevention Act), 2000, Bangladesh Labor Act, 2006, Cyber Crimes Tribunal, etc.
In 2009, the High Court Division (HCD) of the Supreme Court of Bangladesh issued a landmark judgment in the case of Bangladesh National Women Lawyers’ Association (BNWLA) vs. Government of Bangladesh and Others, acknowledging the need for a legal framework to address GBVH. This judgment is considered a leading document that guides all workplaces, including educational institutions in both the private and public sectors, in enforcing equality and addressing GBVH issues. The judgment clearly mentioned the aims and objectives of the guidelines, such as: (i) “to create awareness about GBVH”, (ii) “to create awareness about the consequences of GBVH offenses”, and (iii) “to create awareness that GBVH is a punishable offense”. The Court stated that the responsible stakeholder is the employer, including the authorities of all educational institutions, and the person in charge. Their duties shall be to: (i) “maintain an effective mechanism to prevent or deter the commission of offenses of sexual abuse and harassment”, and (ii) “to provide effective measures for prosecution of the offenses of sexual harassment, resorting to all available legal and possible institutional steps”. The judgment keenly focused on the growing awareness of GBVH. The Court mentioned some preventive measures to this end, i.e., providing regular training on gender equality issues and publishing booklets, to address GBVH. The judgment directs all institutions to establish a Complaint Committee to address GBVH issues and ensure equality and non-discrimination in the workplace. Another Law, the Bangladesh Labor Act, 2006, prohibits discriminatory behavior or GBVH and states that no person is allowed to do “indecent or unmannerly or which is repugnant to the modesty or honor” of any woman under section 332. The Rights and Protection of Persons with Disabilities Act (RPPD) 2013 enshrines their right to equal legal recognition and access to justice, as well as the right to be employed in public and private establishments in Article 16.
Bangladesh has many specific policies and programs relevant to gender-based violence and harassment in the workplace. The Bangladesh Planning Commission drafted the country’s 7th Five-Year Plan, which forms part of the Government’s ongoing efforts to implement Vision 2021. The program stated that “violence against women will become a key focus of local justice institutions, requiring greater investment in capacity building at the district and upazila level, as well as the effectiveness of One-Stop Crisis Centers (OCCs) where VAW victims are taken, and awareness of the domestic violence law among both local officials and the public”. The National Women Development Policy 2011 aims to ensure equal wages for women and men, to increase women’s participation in the labor market, to ensure equal opportunities in work, to guarantee security, and to end disparities in employment. The National Labor Policy 2012 refers to the Government’s commitment to adhere to International Labor Standards and the ILO Conventions that Bangladesh has ratified. The National Action Plan on Violence against Women, 2013-2025, was formulated as part of the Multi-Sectoral Program on Violence against Women to “provide a blueprint for change” by coordinating, prioritizing, and strategizing the most effective forms of action in the short, medium, and long term, while evaluating progress. The plan focuses on seven main areas: “(i) legal arrangements, (ii) social awareness and mental transformation, (iii) advancement of women’s socio-economic status, (iv) protective services, (v) curative and rehabilitation services, (vi) inter-sectoral cooperation and (vii) community involvement.” The Multi-sectoral Program on Violence against Women (MSPVAW) is being implemented jointly by the Government of Bangladesh and the Government of Denmark. Since its pilot phase in May 2000 and its first phase in 2004, the program has been led by Bangladesh’s Ministry of Women and Children's Affairs in collaboration with ten other ministries.
Focusing on the engineering sector, the outcomes of recent surveys done by the Women Engineers Chapter of IEB in late December 2025 and January 2026, reflected the relevance and necessity of addressing the issue of equality in the workplace and GBVH for Engineers of Bangladesh. In the first survey, 158 female engineers acknowledged the issue of GBVH in the workplace. Among them, 75.2% reported experiencing GBVH in their careers. 60% responded that women are not equally represented in leadership roles. 87.5% responded positively for awareness raising and effective measures of IEB to address GBVH. In the second survey, we got some real-life experience of GBVH, such as “In my workplace, I have repeatedly faced issues where I am mostly assigned with more in-house work than field work or outreach exposure. Sometimes I have heard statements like you don't run your own family, why do you need the same salary, including house rent, like your male colleague, but the workload was the same for both. “During the pregnancy, I was assigned more workloads, causing severe mental stress. Even just after 3 days of C-section, I was compelled to work on a laptop to complete official reports in spite of being on maternal leave. “It affected my physical and mental health.” Being part of this survey questionnaire, I felt that awareness has great strength and can bring vital positive changes to GBVH issues. This is highly recommended to raise a voice on the issue and share the experience of workplace GBVH. We need to overcome fear and taboo, not to be expressive. In this context, IEB needs one implementation mechanism, and IEB members are to decide what kind of initiatives IEB can take to establish equality and justice in the workplace. At the same time, IEB needs to decide to increase and strengthen the capacity building of IEB, what kind of training, policies, or support frameworks are needed to be addressed in the future?
To share the current trend, different committees exist in the United States of America, Australia, and India, and around the world to address OGBVH issues in different names, i.e., Internal Complaint Committee (ICC), Grievance Redressal Cells (GRS), Professional Conduct Committee (PCC), etc. These bodies are formed through a legal basis and have clear jurisdiction. They have a competent committee with a specific role and responsibilities, and a working procedure. They maintain strict privacy and confidentiality procedures. The committee should have a Presiding Officer, an Employee Member, and may have an External Expert. The committee must be chaired by a woman employed at a senior level at the workplace amongst the employees. Complaints shall be managed confidentially and in a way that is respectful to all. The committee will take reasonable steps to protect personal information from loss, unauthorized access, disclosure without consent, or any other misuse during the complaint handling process. The purpose of these bodies is not only limited to compliance in the workplace; it further builds an environment where employees feel safe, respected, and protected. Through promoting awareness, encouraging reporting without fear, and following a structured inquiry mechanism, it develops workplace safety, strengthens organizational accountability, and minimizes the risk of legal non-compliance. Actually, it serves as a foundation of a respectful and GBVH-free work culture. In addition, some correlated actions are vital for training and awareness on GBVH. Participants of the IEB survey acknowledged the need for training on workplace ethics and professional conduct, gender sensitivity and respectful communication, leadership skills, labor laws, and employee rights in Bangladesh. Participants also urged for clear anti-harassment and disciplinary policies, a confidential complaint and guidance mechanism, mentorship and guidance for young engineers, mental well-being and stress management support, and ensuring government-supported guidelines and monitoring.
The discussion above advocates that all organizations should adopt an internal policy on violence and harassment, including GBVH, in line with the High Court Division’s 2009 guidelines. Institutions should have the mechanism to identify the risks of GBVH, understand laws and policies, and effectively respond to cases of violence and harassment. There are large gaps in the implementation mechanism, in the knowledge, expertise, and sensitivity of those entrusted with enforcing protection measures. At the national level, we expect an improved legal system, independent legislation, and reform of existing criminal laws on GVBH to guide the nation. At the institutional level, it is high time to implement the guidelines of the High Court Division, introducing policies to address GBVH in workplaces, strengthening capacity building, and legal authority of the institution. Collection of data, large-scale awareness, training, and capacity building can play a revolutionary role in ensuring equality in the workplace free from GBVH. Adequate legal protection, an effective implementation mechanism, and strengthened institutions are crucial to combat GBVH. Meaningful workplace equality demands legal clarity, institutional capacity, cultural change, and accountability. In the end, our collective efforts will turn the international human rights norms into reality at the national level and ensure equality and justice in society for all.