Gender approach to expiration in reparations for workplace harassment and sexual violence

Abstract

The gender approach requires a rigorous analysis of legitimacy, validity, and effectiveness, using the constitutionality block and the inclusion of public international law norms as hermeneutical tools. This approach seeks to realize equity, based on the principle of equal treatment among equals and unequal treatment among unequals. This lays the necessary foundation for analyzing the objective and subjective elements of workplace harassment and sexual violence. It is essential to identify the need to make the statute of limitations more flexible in order to achieve direct redress, especially after a disciplinary or criminal ruling that establishes the evidentiary basis for sexual violence or workplace harassment. The inclusion of international norms allows for a broader and fairer interpretation, ensuring that victims receive the appropriate treatment and justice they deserve. This approach not only promotes equity but also strengthens the protection of human rights, ensuring that victims of workplace harassment and sexual violence have access to effective redress mechanisms. This contributes to building a more just and equitable society for men and women, where the rights of all individuals are respected and protected.