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Justicia

Print version ISSN 0124-7441

Abstract

SALAS, Fernando Luna. The standards of prevention of workplace sexual harassment in the jurisprudence of the Colombian Constitutional Court, compared to international standards. Justicia [online]. 2022, vol.27, n.42, pp.23-38.  Epub Feb 03, 2023. ISSN 0124-7441.  https://doi.org/10.17081/just.27.42.6186.

Objective: to study what will be required so that the standards for the prevention of workplace sexual harassment in the Jurisprudence of the Colombian Constitutional Court comply with international standards. Method: descriptive with an inductive-deductive approach that allowed national information to be recognized with international information, establishing whether they comply with international standards on workplace sexual harassment and being able to answer the problem question that has been raised: What is required so that the standards of prevention of workplace sexual harassment in the Jurisprudence of the Colombian Constitutional Court, comply with international standards? Results: The Colombian State has not applied the prevention of the abuse of sexual harassment at the workplace, which is why jurisprudence issued by the Constitutional Court is required to eradicate this situation that violates the fundamental rights of those who are victimized, as well as to comply with Law 1010 of 2006 and Law 1257 of 2008, which recognize rights set forth in the Political Constitution and thus comply with international agreements ratified by Colombia; confirming the importance that respect for Human Rights has for the Law. Conclusions: the standards of prevention of workplace sexual harassment in the jurisprudence of the Colombian Constitutional Court, compared to international standards, have not been implemented despite the existence in Colombia of laws and decrees that protect the victims of this crime.

Keywords : workplace sexual harassment; jurisprudence; international standards; companies.

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