CYIL vol. 15 (2024)

JAN HLADÍK

CYIL 15 ȍ2024Ȏ

(h) Repeatedly asking a person for dates; or asking for sex; (i) Rating a person’s sexuality;

(j) Making sexual comments about appearance, clothing, or body parts; (k) Name-calling or using slurs with a gender/sexual connotation; (l) Making derogatory or demeaning comments about someone’s sexual orientation or gender identity.” It must be stressed that abuse of authority 14 or power, in the context of harassment, including sexual harassment, constitutes an aggravating factor. Finally, the prohibited conduct must be unwelcome ; in other words unsolicited and regarded as offensive or undesirable by the affected individual. When faced with harassment, the affected individual has two options: (i) to resolve the situation informally; or (ii) to decide to lodge a formal complaint directly. As to (i), the affected individual may approach (if they feel confortable and safe in doing so) the alleged offender(s) about inappropriate behaviour or instances of possible harassment, including sexual harassment, and ask for such behaviours and/or instances to stop as the alleged offender may not be aware of the negative impact of their behaviour on others. He/she may also raise this issue with his/her manager or other managers. The manager(s) may refer the affected individual to the Ethics Advisor. The affected individual may contact directly the Ethics Advisor or a Mediator. However, informal resolution process is not obligatory . (emphasis added – JH) It must be stressed that the affected individual may stop the informal resolution process, and decide to file a formal complaint. An unsuccessful attempt to resolve the matter informally does not preclude from it being formally reported. With regard to (ii), if the affected individual considers that informal resolution is inappropriate or unsuccessful; he/she may initiate the formal complaint procedure by submitting a formal complaint, in writing, to Director of the Division of Internal Oversight Services 15 . Such report may also be submitted by any person(s) who has direct knowledge of possible harassment or by any other party. A formal report may be made anonymously and is not subject to deadlines. It must describe specific incident(s) or a pattern of possible harassment. It should include as much detail as possible, including but not limited to: (a) The name of the alleged offender; (b) The name of the alleged affected individual, if the report is made by a third party; (c) The date and location of the incident; 14 “Abuse of authority is the improper use of a position of influence, power or authority against another person.” “Abuse of authority may also include conduct that creates a hostile or offensive work environment which includes, but is not limited to, the use of intimidation, threats, blackmail or coercion.” 15 “Division of Internal Oversight Services (IOS) provides an independent consolidated oversight mechanism that covers internal audit, evaluation, investigation and other management support to strengthen the functioning of the Organization. Guided by its Charter, IOS is mandated with providing assurance that programmes are delivered efficiently and effectively, that strategic management information is reliable and timely, and that continuous improvements are fostered in methods and procedures to enhance the quality and impact of UNESCO’s operations.” All the relevant information concerning IOS is available on-line at https://www.unesco.org/en/ios. (accessed on 19 June 2024).

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