The compelled disclosure: The public employee in the face of prevention, detection and intervention against sexual harassment in Spanish universities

Abstract

In the last years, Spanish universities have developed Protocols for prevention and intervention against sexual harassment. One part of these Protocols establishes public employees are compelled to disclosure to the university authorities about the existence of cases of harassment. However, most of the Protocols omit this obligation. This article analyzes this normative dissimilarity. The text analyzes for what legal and jurisprudential criteria Protocols must incorporate the obligation to notice as differentiated obligation versus the obligation to denounce.