More complaints, few sanctions
For the researcher at the Center for Research and Gender Studies (CIEG) at UNAM, Lucía Núñez, the increase in harassment complaints has two readings. On the one hand, it means that more women dare to report. But, on the other hand, it confirms that sexual harassment continues to be present in schools and workplaces.
The problem, he emphasizes, is that few of the complaints conclude with resolutions or sanctions. That is to say, the Public Administration has established more ways to report, but has not managed to strengthen the investigation mechanisms that allow sanctions to be imposed on the guilty.
“The unfortunate thing in Mexico, with the figure of harassment in general, is that there is a very large gap between the complaint and finally the sentence, whether it is a civil sentence, a labor sentence or a criminal sentence,” he explains.
The data proves him right. Of the 591 complaints filed before Ethics Committees in 2023, only 290 (49%) had been concluded. Of that universe, only in 136 cases were protection measures ordered for the complainants, such as psychological assistance, perimeter security, schedule changes or relocation of those indicated. In the majority, the measure was to “instruct” the person reported to avoid or restrict contact or approach with the complainant.
In addition, the Committees recommended awareness training on gender violence for the people reported and, in some cases, for the entire institution.
In this regard, Dr. Núñez comments that it is a good indicator to opt for administrative or labor measures of reparation or sanction, and not only criminal sanctions.
However, these resolutions are minimal. Of the 789 complaints filed with the OICs, only 223 (28%) had been concluded: 189 were archived due to lack of elements and 13 were archived due to incompetence. Only 21 complaints were transferred to the area of administrative responsibilities. The rest continued under investigation.
“The problem, first, was that it is not reported because there are no legal consequences in any way. So, when it is already reported, the problem is what those complaints resulted in. In general there is no provenance,” he laments.
Corruption and gender
Despite the increase in complaints, the CIEG researcher observes that there are still cases that are not reported, especially when it comes to people with a higher hierarchical level who achieve a relationship that appears to be consensual, but which resulted from sexual harassment, of pressure and fear of losing your job.
These cases, the specialist points out, are considered corruption based on gender. “In other words, they use public money, power, position, to commit these types of actions,” he explains. “There is consent, in quotes, from adults, but in reality there is an abuse of power because sexual relationships are requested in exchange for a position that is paid with money from the treasury,” he details.
