Il rischio violenza e molestie nella disciplina prevenzionistica e nella certificazione della parità di genere

Abstract

The essay analyses the prospects for circular integration between the prevention regulations for health and safety at work and the anti-discrimination legislation to protect gender equality. The analysis is conducted with particular reference to the case of harassment at work, as governed by ILO Convention No. 190/2019 (ratified in Italy by Law No. 4/2021) and also referred to by the rules on voluntary certification of gender equality contained in Law No. 162/2021 and in the Uni PdR Guidelines 125:2022.
After an examination of the preliminary definitional issues of the phenomenon, in the broader scenario of psychosocial risks that can be assessed pursuant to Article 28 of Legislative Decree no. 81/2008, the essay focuses on its multilevel regulation in the transdisciplinary context outlined above, paying particular attention to the different implications of the overall regulatory framework on remedial perspectives and on the protection apparatus.
It also analyzes, from a critical-evolutionary point of view, the function that the assessment of the risk of harassment can play in the process of adopting prevention protocols of organization and management models and management systems for health and safety at work, as well as in the procedure that leads to the certification of gender equality in which the precise assessment of the risk of harassment, together with the training interventions on “zero tolerance” and the creation of a peculiar equality management system, it represents a condiment sine qua non for the issuance of the certification.