Draft bill 166.

Summary.

The draft bill amends Article 9 of Law 7 of February 14, 2018 to set out the consequences for a person found to have engaged, in any setting, in conduct covered by that law. Their application would depend on the seriousness of the act and its effects, without precluding the appropriate proceedings when the conduct constitutes an offense under the Criminal Code (Código Penal). For private sector employees, it provides for termination of employment for just cause under the Labor Code (Código de Trabajo). For public servants who engage in sexual harassment, it provides for termination under the Consolidated Text of Law 9 of 1994 (Texto Único de la Ley 9 de 1994). For public servants outside the career service who engage in conduct described in Article 3 of the law, it refers to the Political Constitution (Constitución Política) and the law.

In education, the proposed Article 9 provides for temporary suspension and conditional enrollment for one year when a basic or secondary education student harasses another person at their school. The suspensions would last one week and two weeks, respectively. Those students would also be required to receive treatment through school psychological counseling departments. A university student would be suspended for one semester or one academic term and, for a repeated offense, removed from the institution for one year. For teachers found to have engaged in harassment, sexual or moral harassment, sexism, or racism, the text refers to Article 178 of the Criminal Code. It also assigns civil liability for compensation, under Articles 1644-A and 1645 of the Civil Code (Código Civil), to a person declared responsible by a competent authority. That liability extends to the State, its decentralized institutions, the Municipality, and other persons legally responsible for the acts of others; the competent judge would award compensation.

The amendment to Article 10 grants rights to a person shown to have been a victim of any of the covered conduct. If dismissed, the dismissal would be treated as unjustified under the Labor Code. The person could also seek an end to the adverse consequences of denied employment or educational opportunities. If the person expressly requests termination of employment, they would be entitled to compensation for unjustified dismissal. For public servants, a complainant would be transferred if they wish. The article further provides for back pay, other compensation determined by the judge, and payment of litigation expenses and costs by the responsible party.

The draft bill adds a definition of other forms of discrimination to Article 3. It covers distinctions, exclusions, or restrictions based on disability, sexual orientation, gender identity, age, or migration status that impair the right to work, education, or dignified treatment on equitable terms. Such conduct would fall under the law’s prevention, investigation, and sanctioning framework. New Article 19-A requires the law to be interpreted and applied in harmony with Convention 190 of the International Labour Organization on violence and harassment, ratified by the Republic of Panama (República de Panamá), and other international human rights instruments in force in the country. Where rules conflict in their application, the provision more favorable to the affected person would prevail.

Finally, the text repeals Article 13 of Law 7 of February 14, 2018, restates the proposed amendments and additions, and sets commencement for the day after promulgation in the Official Gazette. Its provisions concern the State, decentralized institutions, municipalities, and judicial authorities, as well as private businesses, public servants, educational institutions, teachers, and students.