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Retaliation

Legislation should prohibit retaliation against any individual who reports harassing behaviors, who brings a complaint or legal claim alleging sexual harassment, or who cooperates with an investigation into sexual harassment.

Benin’s legislation on sexual harassment provides that no victim of sexual harassment can be sanctioned or fired for having suffered or refused to undergo acts of harassment, and also specifically prohibits retaliation against students in schools. (See: Proposition de loi sur le harcèlement sexuel, Arts. 4-6) Chinese law also provides an example of an anti-retaliation provision, stating that:

Anyone who retaliates against a person making a complaint, a charge or an exposure regarding an infringement upon a women’s rights and interests shall be ordered to make corrections or be subjected to administrative sanctions by his or her unit or an organ at a higher level. If a State functionary commits retaliation, which constitutes a crime, the offender shall be investigated for criminal responsibility...

(See also: Law of the People’s Republic of China on the Protection of Rights and Interests of Women, Ch. 8 Art. 50.)