2023-09-20 08:00:00
The Judicial Branch of Neuquén will have a protocol for prevention and action in cases of workplace and gender violence that will reach all your staff: from a judge of the Superior Court of Justice (TSJ) to an intern. It provides for two channels for the submission of complaints, which may be made personally or anonymously.
The document was prepared in the context of the collective bargaining agreement. It was prepared by judges Nancy Vielma and Dalma Tejada (representing the TSJ) and Micaela Guzmán Doblas and Paula Sánchez (joint representatives for the Sejun union).
The entire procedure is aimed at preventing violence, harassment and discrimination that develops in work relationships, he clarifies, “not as a conflict between certain people, but as a violation of human rights for which the organization has responsibility.”
The protocol emphasizes that «the approach focused on interpersonal conflict is harmful, first, because it entails placing the entire burden of resolving the violent situation on the affected person themselves; second, because does not consider the possible proactive role of all workers; third, because does not question the extent to which the entire system facilitates, favors and/or hides these situations, covering up the structural inequality that originates, sustains and perpetuates this violence, harassment and discrimination.
He highlights that in the judicial field “this disvaluable practice has undoubted repercussions on the effectiveness of the justice service; since The degradation of the work environment affects work performance – increased absenteeism and staff turnover, loss of efficiency, self-esteem, confidence and motivation – while eroding the public image of the Judiciary.«.
This year, Sebastián Villegas, who was serving as a civil judge in Rincón de los Sauces, was dismissed for having sexually harassed, in the workplace, and mistreated an official who worked in his court.
Who does it reach?
This protocol will be applied to magistrates, magistrates, civil servants, technical, administrative, teaching and service personnel of the Judiciary of Neuquén, whatever the status of the review, those who collaborate as volunteers or aspiring to enter the plant, those who are fulfilling internships, competitions, pre-professional practices or any other training activity resulting from an agreement with an educational institution.
It will cover any conduct of violence or harassment that occurred in the workplace, regardless of the time or modalityin workplace facilities, public or private spaces, during work, on trips, events, in communications (telephone or virtual).
If cases occur in which lawyers, police officers, experts, interpreters and users of the justice service intervene, presentations may be received to order measures or make referrals.
Complaint recipients
Queries and/or complaints will be received by two interdisciplinary teams for prevention and action in workplace violence. One will operate in Neuquén capital and will have jurisdiction in the first and second judicial districts (Confluencia and Cutral Co areas) and the other in Zapala, and will include the third, fourth and fifth constituencies (the south, center and north of the province).
Each team will be made up of at least four professionals – from law, social work, psychology and social sciences – respecting gender parity. They will act in pairs.
The appointments will be made by the TSJ, through opposition and background competitions. In the first instance it will be internal (giving priority to those who are already part of the Judiciary to participate) and if the positions are not filled it will be opened.
The team will receive the demand either from the complainant or from a third party who claims to have knowledge (it may even be through the union or the association of magistrates and officials). He will do the first listening, containment and orientation.
Presentations can be verbally or in writing (in a sealed envelope at the ticket table where the equipment works or by email).
Once received, the applicant will be contacted immediately and a face-to-face and/or virtual interview will be proposed.
Action plan
The team will develop an action plan for each case, which may include urgent measures to protect the person and stop the violence (advising transfer, for example). It must be executed within a maximum period of 15 days.
If the affected person does not ratify the presentation, their lack of consent will be taken into account and the case will be closed. The team can still take action for preventive or awareness purposes.
Statistical reports will be prepared annually on cases of workplace violence in the Judiciary, which will be published by both the TSJ and Sejun.
For Guzmán Doblas, having a protocol allows prevent these situations; If they occur, intervene, and when They are serious and continue over time to be reported to the TSJ so that it can initiate an administrative summary or enable the trial jury.
At this point, he explained, the joint ventures observed all the questions that the workplace violence protocol decreed by the Executive Branch receivedfollowing two officials were denounced and resigned from their positions.
It will come into force following it is discussed in agreement, this means the four members and the member in a meeting.
1695204786
#workplace #gender #violence #protocol #Judiciary #Neuquén
