Labor protection of the right to sexual freedom: comprehensive protection?

Abstract

The aim of this scientific paper is to analyze the labor aspects of Organic Law 10/2022, 6^th September, on the comprehensive guarantee of the sexual freedom of all persons, in particular women, girls and boys, as the main victims of all forms of sexual violence. Comprehensively guaranteeing the right to sexual freedom necessarily involves undertaking a series of legal reforms that must undoubtedly go beyond the walls of labor relations. The workplace is a complex scenario where violations of the right to sexual freedom and the moral integrity of workers often take place, which is why it is necessary to modify the body of labor legislation in order to make effective in this area the protection and the right to comprehensive social assistance for all workers who are considered victims of sexual violence; a violence forgotten by the previous Organic Law on comprehensive protection measures against gender violence approved in 2004. Thus, in the following pages, we will analyze the amendments made by virtue of this organic law to the revised text of the Workers’ Statute Law, to the revised text of the Basic Statute of the Public Employee Law and to the General Social Security Law. Similarly, but in the opposite direction, the consequences of the failure to amend the Law on the prevention of occupational risks will be analyzed.