¿Una legislación anti acoso psicológico?

Abstract

The need for an anti-harassment law depends on the ideology established by Law. The application of the law conforms the normative content. In the 1980s mobbing was investigated in Europe. At the same time, in Spain, the democratic transition constructed a socio-juridical system which was essentially protective of fundamental rights. In 1995 the Spanish Penal Code was passed, which regards degrading treatment between individuals as a crime, including harassment at work. The Spanish political representatives who passed it have endeavoured to conceal it from society, leading the defence of those who have been harassed. The legislative initiatives, until now, pardon the harassers. Juridical sociology, psychology, anthropology and Law should coordinate, with the joint participation of those affected, in order to balance the opposing interests of a market economy system, in a Social and Democratic State Rightful such as Spain, which proclaims the dignity of the human being and respect for fundamental rights as a basis for social Peace and political order. Among these rights, the right to moral integrity, as bio-psycho-social self-identification, is what should be the object of special legal protection. The effect of General Prevention and the proper application of the norms on moral integrity will be what enables society to endow itself with non-written norms, but binding by intimate, individual and collective conviction, against psychological harassment, which, in the work environment, is tarnishing with colours of torture the coexistence of a society which wants to make human rights a reality.