Written by yxtlavi
Recently, the topic of sexual harassment has aroused heated discussions.
In fact, in hospitals and operating rooms, there may also be "sexual harassment". "Ten surgeries, at least three are full of meat jokes." Nurse Chen Feng (pseudonym) said. She had rotated in the gastroenterology department of a second-class hospital, and recalled that the surgeons frequently introduced the topic to herself at that time, and she still feels very uncomfortable now. As for whether this counts as sexual harassment, she can't say well.
There is very little public discussion of the issue of "yellow cavity opening in the operating room", because yellow cavity opening is so common in the operating room that every young doctor has taken it as a default "norm" before entering surgery. Another person said: "Just because I think the meat jokes in the operating room sound disgusting, I don't study surgery."
The "unspoken rules" of the operating room
In the four months that Chen Feng rotated, she followed the teacher to almost seventy or eighty surgeries, and often encountered scenes where doctors told jokes.
Whenever a young intern came to the operating room, several surgeons kept introducing sexual topics to the newcomer, and the newcomer could only silently lower his head and not say a word. And the teaching teacher is not surprised and does not interfere. This scene seemed very dazzling to Chen Feng.
Estimating this ratio, Wan Xi (pseudonym), a doctor at a third-class hospital in a county in Guangdong, gave a higher ratio: "It can account for 80%." And it's not just men who are doing this, "To be honest, the phenomenon of women talking about meat jokes also exists, and may even be more explicit than men's." Wan Xi said.
There are also readers in the comment area of Lilac Garden who leave messages talking about their personal experiences.
And the victims are mostly women.
In 2018, the Hospital of Traditional Chinese Medicine Affiliated to Southwest Medical University published research results in China Health Industry, showing that the incidence of sexual harassment of female nursing staff was much higher than that of female doctors. Several doctors also said that nurses, especially trainee nurses, are often the subject of jokes on the operating table.
Most of these nurses are around 20 years old, and in hierarchical hospitals, they have no voice and can only bear it in silence. Most of the people who joke about them are middle-aged men aged 35~50, almost all of whom have certain qualifications and titles, and have strong professional ability. When they tell yellow jokes, perhaps out of majesty, or out of flattery, many people will echo them.
Ms. Lu (pseudonym), who works in personnel at a private hospital in Zhejiang, said that experts from outside the hospital who came to perform surgery often told Huang Duanzi, "In order to cater to the doctors at the director level, the attending physicians in the hospital can only echo them and talk with them." ”
In contrast, young people rarely open yellow cavity. Wang Jiashuai (pseudonym), a male doctor who works in a third-class hospital in a first-tier city, said, "Old comrades who are about to retire love to open yellow accents, but young people rarely open them. I personally think that the old doctor may be retiring soon, so there is no worries. ”
Can opening a yellow cavity count as sexual harassment?
The meat jokes in the operating room are like water plants at the bottom of the lake - the surface of the lake is calm, but the lake is surging.
Let's take a look at the one that surfaced first.
In 2021, netizens "Red Bean Bun Without Buns" broke the news on Weibo that she was sexually harassed by the well-known big V and dermatologist Lin Mouqing, and Lin asked her explicit personal questions in private messages.
Image source: "Red bean bun without buns" Weibo screenshot
At first, Lin Mouqing did not admit it and threw the pot to the assistant, but later he recognized it. According to China Newsweek, Lin was officially dismissed by the hospital after Qingqing.
Image source: Screenshot of China Newsweek's Weibo
But Lin Mouqing's later response contrasted strongly with the accusations against him: "If this is also sexual harassment, then many doctors are sexual harassment, in the operating room, doctor's office, medical group, dinner table, etc., then everyone can be arrested." By implication, verbal harassment is not considered sexual harassment in his concept, and it often occurs in places such as operating rooms.
So in fact, does "opening yellow cavity in the operating room" count as sexual harassment?
The answer is, yes.
Article 1010 of the Civil Code, which has been officially implemented since January 2021, has clearly stipulated the criteria for determining "sexual harassment", that is, "if a person sexually harasses another person by means of words, words, images, physical behavior, etc. against his will, the victim has the right to request the perpetrator to bear civil liability in accordance with the law." Among them, "verbal harassment" is the first.
According to the interpretation of the international definition of "verbal sexual harassment" by the Affiliated Hospital of Traditional Chinese Medicine of Southwest Medical University, "telling pornographic jokes, pornographic literary and artistic content, embarrassing remarks, offensive titles, asking for privacy, commenting on sexual connotations such as appearance and dress, etc." are all verbal sexual harassment.
Although from the theoretical and literary point of view, there is no doubt that the operating room yellow joke constitutes sexual harassment. But for most doctors, being opened will not cause them actual harm, and patience will pass.
Wang Ying (pseudonym), a rehabilitation doctor from a second-class hospital, does not have the habit of opening yellow cavity, but she believes that "if everyone is usually very familiar, it is okay to open yellow cavity." But if it's just a relationship of colleagues, not friends, I think it's sexual harassment. ”
What's more, in the operating room, in addition to female doctors and nurses, they will be the target of harassment, and patients lying on beds may also be discussed. "When the patient goes into anesthesia, someone talks about the patient's figure." Wang Jiashuai, a doctor at a third-class hospital, said.
Wang Jiashuai is an endocrinologist who has operated with teachers during his rotation, from provincial hospitals to local hospitals. The most impressive time was that the patient was a young and beautiful woman, and two male doctors in the operating room took advantage of her anesthesia to discuss her appearance and figure, and told explicit jokes. Wang Jiashuai's teacher sternly criticized them, "If you still want us to perform surgery, this kind of thing can't happen again." ”
More than ten years have passed since the rotation, but Wang Jiashuai still remembers that scene. Being forced to listen to their patients' jokes made him very uncomfortable at that time.
Ten thousand steps back, if it is not the direct object of verbal harassment, but just passively listening to pornographic jokes on the spot, is it also sexual harassment?
The answer remains yes, yes.
Article 1010 of the Civil Code is codified under the "right to life, body and health", which shows that harassment violates the right of others to exercise free control over the body. Therefore, if you feel uncomfortable as a third party hearing pornographic jokes, it is still sexual harassment.
Stress relief cannot be an excuse to open a yellow cavity
Since sexual harassment has already been constituted, why is the opening of the yellow cavity still unstopped?
A reader in the Lilac Garden comment section gave his explanation: It may be because of the pressure of doctors' work that hospitals are prone to sexual harassment.
Image source: Lilac Garden comment area
Such statements are not uncommon. Many doctors believe that only in a relaxed surgical atmosphere, when everyone chats more, will there be more yellow cavity; In the difficult operation, everyone almost did not say a word, "When the operation is not done well, it is not easy to do it, and it is not very yellow, and there are few words." ”
Opening the yellow cavity not only does not "relieve stress", but may even put the person in danger.
Chen Feng, a nurse, told Lilac Garden that she was sexually harassed by the same doctor after being forced to listen to meat jokes: "He told pornographic jokes during the operation, and he came to me for contact information after the operation." ”
At the place where he washed his hands before entering the operating room, the doctor began to talk to Chen Feng, but Chen Feng ignored it. After the operation began, the doctor led the male doctors in the general department to make jokes about her, and Chen Feng refuted him on the spot, but failed to make them stop.
After the operation, the doctor found a no-man's place, forced Chen Feng into a corner, and asked for her contact information. "Due to the pressure of rank, I can only give it to him."
Although we cannot directly equate "opening the yellow cavity" with "substantial harassment that brings worse results", the reason of "relieving stress" can never justify any bad outcome, including but not limited to mental harm and physical harm.
Who will seek the solution?
For medical staff from different regions, hospitals of different levels, and different identities, "verbal sexual harassment" has been more or less exposed to whether it occurs in themselves or hears it. But when asked about the hospital's follow-up treatment, many doctors could not answer.
In fact, the act of supervision is not for nothing. Ms. Lui, who works in hospital personnel, said a nurse once complained about misconduct by an orthopedic surgeon in the hospital, and "the surveillance confirmed that he did." We didn't want to tear our faces, so we asked him to write the inspection and voluntarily leave. Although he resigned on the surface, in fact, we dismissed. ”
But such examples are not mainstream.
Lin Ling (pseudonym), a doctor working in the rehabilitation department of a second-class hospital, told Lilac Garden that she was harassed by doctors in the same department, complained to the dean and called the police, but the hospital did not deal with it publicly, but chose to "criticize education". "The police administratively detained the harasser for four days, but they did not have the right to force the harasser to be fired. The hospital prevaricated the matter to the criminal level, and there was no way to dismiss. She said.
Because Lin Ling and the harasser were colleagues who met every day, she was angry and offered to sue the local health bureau if the hospital did not fire the harasser. The hospital then talked to the harasser and asked him to leave his job on his own initiative.
In this regard, the Civil Code has long been stipulated. "Organs, enterprises, schools, and other units shall employ reasonable measures such as prevention, acceptance of complaints, investigation and handling, to prevent and stop sexual harassment by taking advantage of their authority or subordinate relationships."
For example, HKU-Shenzhen Hospital has set up an internal disciplinary hearing team, which investigates, discusses and gives disciplinary opinions when a doctor commits serious misconduct.
On May 7, 2021, some netizens complained online that Huang, a doctor in the hospital, was suspected of sexual harassment, and Huang was suspended from his clinical position at 11 p.m. that night, and the disciplinary hearing team gave Huang the sanction of "dismissal" 4 days later, and the results of the handling were disclosed to the whole society.
Image source: Screenshot of the WeChat public account of the University of Hong Kong-Shenzhen Hospital
This gives us new expectations.
Whether it's a harassed person or a hospital, when they take the first breakthrough step, the outcome may vary. For the harassed, there is no need to be shy or tolerant, it is a lesson to be constantly reviewed. For hospital administrators, no more prevarication and no more blame is the first lesson they should take.
In the medical system, the hospital itself should be most responsible for maintaining the safety of the operating room and the dignity of doctors.
Curated by: Yxtlavi, Carollero
Executive Producer: Gyouza
Source: Visual China