International Framework: CEDAW Recommendations and ILO Convention No. 190

The CEDAW Convention and the Evolution of Its General Recommendations

International protection of personal freedom and integrity has undergone a significant evolution through the refinement of United Nations treaties.

The 1979 Convention on the Elimination of All Forms of Discrimination against Women constitutes the primary legal pillar in this area.

Although the founding document did not specifically address harassing conduct, the Supervisory Committee’s interpretations made it possible to remedy this conceptual shortcoming.

In this context, General Recommendation No. 19 of 1992 marked a decisive jurisprudential advance by classifying gender-based violence as an unequivocal manifestation of harmful discrimination.

The text specified that any unwanted sexual conduct that violates personal dignity or creates a hostile environment must be vigorously combated.

Subsequently, General Recommendation No. 35 of 2017 adapted these principles to the digital age, incorporating cyberbullying and online violence into the list of punishable behaviors.

This approach imposes on signatory states the inescapable legal obligation to establish punitive, preventive, and educational measures aimed at comprehensively protecting victims in all social settings.

ILO Convention No. 190 and the Expansion of Labor Protection

Complementarily, the field of labor law underwent a substantial transformation in 2019 with the adoption of ILO Convention No. 190.

This instrument constitutes the first globally binding legal standard specifically designed to prevent, address, and eradicate harassment and violence in the workplace.

The significance of this convention lies in its broad conception of productive activity, transcending the physical boundaries of the traditional workplace to encompass commutes, training sessions, professional communications, and digital environments.

Furthermore, the convention extends its protective scope to all individuals, regardless of their contractual status.

In this way, it safeguards not only salaried employees in the formal and informal sectors, but also interns, scholarship recipients, apprentices, laid-off workers, and individuals in the process of seeking employment or undergoing a hiring process.

By defining harassment as a set of unacceptable practices that cause or may cause physical, psychological, sexual, or economic harm, Convention No. 190 places power asymmetry and a gender perspective at the center of the analysis.

Consequently, the treaty requires public and private institutions to mandatorily implement preventive policies, comprehensive psychosocial risk assessments, and agile response protocols with guarantees of confidentiality.

It also promotes the creation of mechanisms for immediate redress and psychological support for victims, inextricably linking workplace safety with