SEXUAL HARASSMENT PROVISIONS IN THE UAE AND THE FRENCH PENAL CODES
1. Introduction. – 2. Methodology. – 3. The Nature of Sexual Harassment. – 3.1. The Concept of Sexual Harassment. – 3.2. Forms of Sexual Harassment. – 3.2.1. Verbal Harassment. – 3.2.2. Non-Verbal Harassment. – 3.2.3. Digital and Physical Harassment. – 3.3. Differentiating Sexual Harassment from Similar Behaviors. – 3.3.1. Sexual Harassment and Bullying. – 3.3.2. Sexual Harassment and Acts Against Modesty. – 3.3.3. Sexual Harassment and Indecent Assault. – 4. The Legal Framework for the Crime of Sexual Harassment in the UAE and France. – 4.1. Elements of the Crime of Harassment. – 4.1.1. Actus Reus (the guilty act) under the UAE and French Legislation. – 4.1.2. Mens Rea (the Guilty Mind) under the UAE and French Legislation. – 5. Penalties for the Crime of Sexual Harassment in the UAE and French Legislation. – 5.1. Penalties of Sextual Harassment in the UAE Law. – 5.2. Penalties of Sextual Harassment in French Law. – 6. Conclusions.
Background: The study compares sexual harassment laws in the UAE and France, focusing on their legal provisions and differences, with the aim of developing and raising awareness to combat this growing issue. This crime is prevalent in work environments, educational institutions, public places, and even homes and is no longer confined to any specific group but has spread in a manner that no one is immune from. It is, therefore, necessary to address the concept of sexual harassment and distinguish it from other criminal behaviour that intersects with it in some ways but differs in others. The study explores the legal structure of this crime under French and UAE law, discussing the material element and the criminal intent of the perpetrator, as well as the penalties imposed on the perpetrator in both its simple and aggravated forms.
Methods:
The study focused on the UAE and France from the outset. A mixed-methods design was employed, combining analytical and comparative approaches to compare changes approved in the UAE Penal Code regarding sexual harassment with indicators from France. This involved assigning thematic units to the respective articles on sexual harassment in the UAE and French Penal Codes, as well as the jurisprudential orientation on sexual harassment achieved in the French judicial context. The main data collection techniques consisted of legal and non-legal document analysis, which are the best and most efficient methods for comparative legal research. These methods are effective in revealing and interpreting legislative and jurisprudential changes. Data were collected from different sources based on legal documents, such as the UAE Penal Code and the French Penal Code, to avoid approval bias of the changes made in the UAE or the French connection errors.
Results and conclusions:
The French Penal Code criminalises five types of sexual harassment with varying punishments. The definition of “unwanted acts of sexual aggression” is unclear, but it can be divided into physical and verbal abuse. The closest definition is “physical contact taking the form of an act of a sexual nature”. French rape and sexual harassment laws do not harmonise. In contrast, the UAE Penal Code also criminalizes sextual harassment but adopts a different legal framework and terminology. The lack of harmonization between the rules addressing rape and sextual harassment in both French and UAE laws underscores the demand for clearer legislative guidelines. Finally, the study contains many suggestions and recommendations that aim to enhance the legislative role in combating such kinds of crimes.
Methods:
The study focused on the UAE and France from the outset. A mixed-methods design was employed, combining analytical and comparative approaches to compare changes approved in the UAE Penal Code regarding sexual harassment with indicators from France. This involved assigning thematic units to the respective articles on sexual harassment in the UAE and French Penal Codes, as well as the jurisprudential orientation on sexual harassment achieved in the French judicial context. The main data collection techniques consisted of legal and non-legal document analysis, which are the best and most efficient methods for comparative legal research. These methods are effective in revealing and interpreting legislative and jurisprudential changes. Data were collected from different sources based on legal documents, such as the UAE Penal Code and the French Penal Code, to avoid approval bias of the changes made in the UAE or the French connection errors.
Results and conclusions:
The French Penal Code criminalises five types of sexual harassment with varying punishments. The definition of “unwanted acts of sexual aggression” is unclear, but it can be divided into physical and verbal abuse. The closest definition is “physical contact taking the form of an act of a sexual nature”. French rape and sexual harassment laws do not harmonise. In contrast, the UAE Penal Code also criminalizes sextual harassment but adopts a different legal framework and terminology. The lack of harmonization between the rules addressing rape and sextual harassment in both French and UAE laws underscores the demand for clearer legislative guidelines. Finally, the study contains many suggestions and recommendations that aim to enhance the legislative role in combating such kinds of crimes.
Abstract
Background: The study compares sexual harassment laws in the UAE and France, focusing on their legal provisions and differences, with the aim of developing and raising awareness to combat this growing issue. This crime is prevalent in work environments, educational institutions, public places, and even homes and is no longer confined to any specific group but has spread in a manner that no one is immune from. It is, therefore, necessary to address the concept of sexual harassment and distinguish it from other criminal behaviour that intersects with it in some ways but differs in others. The study explores the legal structure of this crime under French and UAE law, discussing the material element and the criminal intent of the perpetrator, as well as the penalties imposed on the perpetrator in both its simple and aggravated forms.
Methods:
The study focused on the UAE and France from the outset. A mixed-methods design was employed, combining analytical and comparative approaches to compare changes approved in the UAE Penal Code regarding sexual harassment with indicators from France. This involved assigning thematic units to the respective articles on sexual harassment in the UAE and French Penal Codes, as well as the jurisprudential orientation on sexual harassment achieved in the French judicial context. The main data collection techniques consisted of legal and non-legal document analysis, which are the best and most efficient methods for comparative legal research. These methods are effective in revealing and interpreting legislative and jurisprudential changes. Data were collected from different sources based on legal documents, such as the UAE Penal Code and the French Penal Code, to avoid approval bias of the changes made in the UAE or the French connection errors.
Results and conclusions:
The French Penal Code criminalises five types of sexual harassment with varying punishments. The definition of “unwanted acts of sexual aggression” is unclear, but it can be divided into physical and verbal abuse. The closest definition is “physical contact taking the form of an act of a sexual nature”. French rape and sexual harassment laws do not harmonise. In contrast, the UAE Penal Code also criminalizes sextual harassment but adopts a different legal framework and terminology. The lack of harmonization between the rules addressing rape and sextual harassment in both French and UAE laws underscores the demand for clearer legislative guidelines. Finally, the study contains many suggestions and recommendations that aim to enhance the legislative role in combating such kinds of crimes.
Methods:
The study focused on the UAE and France from the outset. A mixed-methods design was employed, combining analytical and comparative approaches to compare changes approved in the UAE Penal Code regarding sexual harassment with indicators from France. This involved assigning thematic units to the respective articles on sexual harassment in the UAE and French Penal Codes, as well as the jurisprudential orientation on sexual harassment achieved in the French judicial context. The main data collection techniques consisted of legal and non-legal document analysis, which are the best and most efficient methods for comparative legal research. These methods are effective in revealing and interpreting legislative and jurisprudential changes. Data were collected from different sources based on legal documents, such as the UAE Penal Code and the French Penal Code, to avoid approval bias of the changes made in the UAE or the French connection errors.
Results and conclusions:
The French Penal Code criminalises five types of sexual harassment with varying punishments. The definition of “unwanted acts of sexual aggression” is unclear, but it can be divided into physical and verbal abuse. The closest definition is “physical contact taking the form of an act of a sexual nature”. French rape and sexual harassment laws do not harmonise. In contrast, the UAE Penal Code also criminalizes sextual harassment but adopts a different legal framework and terminology. The lack of harmonization between the rules addressing rape and sextual harassment in both French and UAE laws underscores the demand for clearer legislative guidelines. Finally, the study contains many suggestions and recommendations that aim to enhance the legislative role in combating such kinds of crimes.
About Authors
Abdulaziz Alhassan
PhD (Law), Professor in Criminal Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
a.alhassan@ajman.ac.ae
https://orcid.org/0009-0006-5514-672X
Corresponding author, responsible for research methodology, data curation, investigation, writing-original draft.
Raed S. A. Faqir
PhD (Law), Associate Professor in Criminal Law, Faculty of Law, Al-Balqa Applied University, Al-Salt, Jordan Associate Professor in Criminal Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
raed.faqir@aue.ae
r.faqir@bau.edu.jo
https://orcid.org/0000-0002-6102-0983
Co-author, responsible for conceptualization, formal analysis, validation, writing-original draft.
Pierre Mallet
PhD (Law), Associate Professor, Civil Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
p.mallet@ajman.ac.ae
https://orcid.org/0000-0003-4990-7108
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Alaeldin Mansour Maghaireh
PhD (Law), Assistant Professor in Criminal Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
a.maghaireh@ajman.ac.ae
https://orcid.org/0000-0001-9248-1195
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Ehab Alrousan
PhD (Law), Associate Professor in Criminal Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
ehab.alrousan@aue.ae
https://orcid.org/0000-0002-9888-1111
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Mohammed Nour Eldeen Sayed
PhD (Law), Professor in Criminal Law, College of Law, University of Kalba, Kalba, United Arab Emirates
mohammed.sayed@ukb.ac.ae
https://orcid.org/0009-0003-8952-3552
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Dorsaf Arfaoui
PhD (Law), Assistant Professor in Criminal Sports Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
dorsaf.arfaoui@aue.ae
https://orcid.org/0000-0001-9359-4212
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Copyright: © 2025 Abdulaziz Alhassan, Raed S. A. Faqir, Pierre Mallet, Alaeldin Mansour Maghaireh, Ehab Alrousan, Mohammed Noureldeen Sayed and Dorsaf Arfaoui. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
PhD (Law), Professor in Criminal Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
a.alhassan@ajman.ac.ae
https://orcid.org/0009-0006-5514-672X
Corresponding author, responsible for research methodology, data curation, investigation, writing-original draft.
Raed S. A. Faqir
PhD (Law), Associate Professor in Criminal Law, Faculty of Law, Al-Balqa Applied University, Al-Salt, Jordan Associate Professor in Criminal Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
raed.faqir@aue.ae
r.faqir@bau.edu.jo
https://orcid.org/0000-0002-6102-0983
Co-author, responsible for conceptualization, formal analysis, validation, writing-original draft.
Pierre Mallet
PhD (Law), Associate Professor, Civil Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
p.mallet@ajman.ac.ae
https://orcid.org/0000-0003-4990-7108
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Alaeldin Mansour Maghaireh
PhD (Law), Assistant Professor in Criminal Law, Faculty of Law, Ajman University, Ajman, United Arab Emirates
a.maghaireh@ajman.ac.ae
https://orcid.org/0000-0001-9248-1195
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Ehab Alrousan
PhD (Law), Associate Professor in Criminal Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
ehab.alrousan@aue.ae
https://orcid.org/0000-0002-9888-1111
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Mohammed Nour Eldeen Sayed
PhD (Law), Professor in Criminal Law, College of Law, University of Kalba, Kalba, United Arab Emirates
mohammed.sayed@ukb.ac.ae
https://orcid.org/0009-0003-8952-3552
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Dorsaf Arfaoui
PhD (Law), Assistant Professor in Criminal Sports Law, College of Law, American University in the Emirates, Dubai, United Arab Emirates
dorsaf.arfaoui@aue.ae
https://orcid.org/0000-0001-9359-4212
Co-author, responsible for research methodology, data curation, investigation, writingoriginal draft.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Copyright: © 2025 Abdulaziz Alhassan, Raed S. A. Faqir, Pierre Mallet, Alaeldin Mansour Maghaireh, Ehab Alrousan, Mohammed Noureldeen Sayed and Dorsaf Arfaoui. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
References
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2. Abu Khattouah AS, The Special Section in the Penal Code: Crimes of Agrression on Property (Dar Al-Nahda Al-Arabiyah 1994).
3. Akinbode GA and Ayodeji F, ‘Sexual Harassment: Experiences, Prevalence and Psychopathology in Some Selected Higher Institutions in Lagos, South-West Nigeria’ (2018) 21(3) African Journal for the Psychological Studies of Social 112.
4. Alhassan A, Explanation of Crimes and Punishments under UAE Law (Dar Al-Nahdah Al-'Ilmiyyah 2022).
5. Al-Marri B, Bullying and Suspected Crimes (Dar Al-Ahram 2021).
6. Al-Marsafawi H, Al-Marsafawi on Special Criminal Law (Al-Maaref Establishment in Alexandria 1991).
7. Al-Qaza'ah MS, ‘The Crime of Bullying in Light of the Recent Amendments to Law No 189 of 2020: A Comparative Study’ (2023) 35(101) Spirit of Laws 1447, doi:10.21608/las.2022.178921.1111.
8. Al-Sayyed A, The Crime of Sexual Harassment: A Comparative Criminal Study (Dar Al-Nahdah Al-Arabiyya 2003).
9. Al-Shahri NA and Al-Hindi WBA, ‘The Woman and Sexual Harassment in the Workplace: A Survey Study on the Banking Sector in the Kingdom of Saudi Arabia’ (2015) 22 (3) Arab Journal of Administrative Sciences 389.
10. Al-Siddiqi M, ‘A Third of Moroccan Women have Experienced Sexual Harassment on Social Media’ Moroccan Depth (Rabat, 15 April 2024)
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Date of submission: 10 Sep 2024
Date of acceptance: 16 Dec 2024
Date of publication: 15 Feb 2025
Whether the manuscript was fast tracked? - No
Number of reviewer report submitted in first round: 2 reports
Number of revision rounds: 1 round, revised version submitted 06 Dec 2024Technical tools were used in the editorial process:
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Alhassan A, Faqir R, Mallet P, Maghaireh AM, Alrousan E, Sayed MN and Arfaoui D, ‘Sexual Harassment Provisions in the UAE and the French Penal Codes’ (2025) 8(1) Access to Justice in Eastern Europe 461-90 <https://doi.org/10.33327/AJEE-18-8.1-c000112>
