La reparación integral de las mujeres víctimas de acoso laboral

Abstract

This research is based on the existing normative limitations in labor law related to the lack of provisions that fully regulate the legal concept of workplace harassment (mobbing), as well as the mechanisms of comprehensive reparation of this form of violence, which leads to the persistence of its original effects; therefore, those who have suffered harassment will not be able to readapt satisfactorily to society, which will influence the development of their life project and the achievement of their goals set before the aggression. In addition to the aforementioned and considering the conditions of violence that women experience in different areas including work, this study evidences the obligation to grant special protection to their rights in order to eliminate all acts of aggressiveness and discrimination against them. Faced with this scenario, the need to reform the Labor Code is demonstrated in order to include in its articles provisions with a gender, human rights, intercultural and comprehensive approach, which contemplate and guarantee compensation for the damages caused by the workplace harassment with the intention of making effective the right to full compensation guaranteed in the Constitution of the Republic and in international human rights instruments.