The agreement not only recognizes that workplace violence and harassment harm health, but also has a comprehensive gender approach.
On June 9, 2023 we crossed an important threshold in the mexican legislation when addressing the problem of violence and the Workplace HarassmentThrough the Decree promulgating Convention 190which was adopted in Geneva on July 21, 2019. This agreement will enter into force on July 6 in our countryhence Mexico will have the responsibility to comply with effective laws, policies and measures that promote a favorable environment free of workplace violence for working people.
To further understand the magnitude of this instrument, it is essential to analyze the constitutional article 123which establishes the right of everyone to decent and socially useful work. Work is not only a productive activity, but represents the very essence of human dignity. From this point of view, violating this basic right implies that they violate the most valuable thing: dignity as people.
conceptualize the violence and the Workplace Harassment it is basic, because it is possible to violate in different magnitudes and, many times, without even noticing it. What is innovative about this instrument is that it recognizes that workplace violence and harassment can be detrimental to health. According to the Convention it is established as violence and harassment at work those unacceptable behaviors and practices or threats of such behaviors that cause psychological, moral, economic, physical or sexual detriment in the working person.
In the same sense, it is enough for it to occur only once for it to be configured as violence and harassment at work, without distinguishing the labor contracting scheme, in addition to the fact that it includes violence and harassment based on gender. The latter means that it recognizes that violence against women in the workplace is different, since it takes specific gender considerations into account.
Unfortunately, the simple fact of being a woman in a work environment entails experiencing a different form of violence compared to that of men due to the machismo and discrimination that still prevail strongly in our system. This situation is one of the reasons why women do not enter and remain in the working market. By virtue of this, it is crucial to adopt a gender approach that considers addressing stereotypes and the abuse of power based on gender; These are, of course, factors that must be taken into account if we truly want zero tolerance for violence in the world of work.
In Mexicothe statistics of the INEGI indicate that every 12 hours a worker quits their job due to harassment and employment discrimination. In the year 2022, a total of 109,319 resignations related to psychological and physical abuse were reported, which represents more than one hundred thousand people who abandon their source of livelihood and their productive status due to problems of violence. This threat, which represents a deadly poison for the working class, will finally be able to be dealt with thanks to the Convention. For the first time we have an instrument that recognizes in a concrete and forceful way that violence and harassment at work cause damage to people’s health.
Another innovative point is that it establishes that the impact of the domestic work to worker productivity. Recognizing at the same time that housework, the foundation of our economy, can be exhausting and demanding and generate anxiety and exhaustion in workers.
Finally, the obligation to guarantee measures to guarantee zero violence and workplace harassment is established, such as: complaint procedures, conflict resolution mechanisms, courts or tribunals, and legal, social, medical, administrative assistance measures for complainants and the victims.
In conclusion, the Agreement represents an important milestone at a crucial moment in which we are facing various stressful situations for the current context. It is the commitment of the State, employers and organizations to formulate actions aimed at promoting a dignified work culture free of violence and harassment at work with a comprehensive gender approach to comply with what is established in this instrument. It is vital to provide working people with the necessary support so that they can continue expressing their source of life: decent work in Mexico.
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