جريمة التحرش الجنسي بالمرأة في مكان العمل في التشريع الجزائري

Abstract EN

Nowadays, Algerian women occupy the highest positions in the job market, both in private and public sectors, thanks to the principle of non-discrimination and gender equality which is constitutionally guaranteed and enshrined in international laws.

Women have proven their efficiency at work, but this did not prevent them from being victims of sexual harassment in the workplace.

this phenomenon has become a real threat to women and hinders their career, especially when they are unwilling to report their aggressor, from one hand, out of fear of scandal which might result from it, since it has to do with their dignity, and from the other hand, the fear of getting fired, not to mention the difficulty of proving acts that may be considered as sexual harassment In order to protect the physical and moral entity of women against this phenomenon, the Algerian legislator has fought against this phenomenon by criminalizing it under article 341 (bis) of the criminal code.

Hence, this study aims to shed light on this crime through two main axes; the first one deals with the definition of sexual harassment and its motives, while the second one deals with the elements of this crime and the penalties related to it.

this study concludes that criminalizing the act of harassment is an important mechanism for the protection of women in their workplace, yet proving it remains a difficult task.