A New Law: But where is gender?

Since the implementation of the new EU Whistleblowing Directive in 2021, we have seen much activity in the NGO and Civil Society space focusing on supporting whistleblowers and whistleblowing. But new research shows gender is still a marginal issue. This is a concern.

Whistleblowing is critical for bringing issues of fraud, waste and abuse to light.  Whistleblowing reprisal remains a significant problem, while many workers report a preference to stay silent rather than report concerns. The new EU Directive addresses these issues head-on, providing stronger protections for workers whistleblowing, and directly requiring organizations to provide channels and supports for safe and effective whistleblowing.

Yet we know that the experience of whistleblowing is different for different workers. People in minority groups in a given setting, women in a misogynstic culture, or BAME workers in a racist environment, as just three examples, can potentially be more vulnerable to reprisal. 

Our research aimed at investigating this issue. We wanted to understand which European civil society actors and NGOs are developing gender-focused whistleblowing initiatives, and to understand the specific characteristics of effective initiatives.  We mapped 27 actors in this space and subjected their activities to detailed analysis.

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We found that most initiatives emphasize extra-organizational dimensions focusing on policy advocacy. This means we are seeing civil society actors positioning themselves in the ongoing discussion of policies, rather than intervening in, or contributing to, what is happening within organizations.  The policy interventions relate to the transposition of the European Directive and its implementation in different nation-states.

Alongside this, a second major approach involves social value transformation work: raising public awareness of whistleblowing -- including the role of women -- and the challenging situations workers face as whistleblowers.  Specifically relating to gender, we see many NGOs using institutional communication platforms as well as traditional media to increase the visibility of cases led by women. The two main strategies relating to gender are: publicizing women’s experiences, and highlighting data on disparities in access to reporting systems and effectiveness, or otherwise, of legal frameworks in practical cases. This approach personalizes and contextualizes the challenges women face in whistleblowing.

Related to this, we found a utilitarian approach. Less common but growing, this approach emphasizes whistleblowing as a tool to expose and reduce systematic practices like gender-based violence and workplace discrimination. It positions whistleblowing as a mechanism for gender- relevant social justice and systemic change.

These awareness-raising initiatives and policy discussion work are all to the good. But, we argue, they are not enough.

Our mapping also examined whether civil society organizations were engaged in organizational-level practices: developing practical initiatives to support local, state/non-state, and market organizations in adopting a gender-based approach in their Speak Up systems and arrangements. We found that, at the moment, some civil society organizations and NGOs engage in training HR staff in these areas, increasing awareness about gender issues inside organizations. But the numbers are low.

We also wanted to see whether people were addressing gender at a more structural level, in the provision of actual support for workers who experienced reprisal and come to the organization for help. We found some organizations prioritize legal advisory services for women, including translation services for women in human mobility. But this is the least developed dimension. While some organizations refer whistleblowers to specialized services, such as free legal assistance and psychosocial support, there is a significant gap in the availability of comprehensive services with a gender focus.

Our findings emphasise the need to design strategies and services tailored to address the diverse identities of whistleblowers through a gender and intersectional approach.

Bringing these insights together, we term this an Effective Protection and Assistance Approach. The least-developed approach currently, this involves advocating for gender-sensitive whistleblower protection policies. More robust, integrated services are needed to protect and support whistleblowers effectively.

Currently, as we found, only 7 organizations (out of 27) offer specific services tailored to gendered aspects of whistleblowing. Why this gap? What we are seeing is that the overall body of civil society organizations, some long-standing, some emerging since the EU Directive or at least pivoting into this space, tend to link whistleblowing to a global governance agenda such as anti-corruption, press freedom, digital rights, and human rights. These are important aims, but may contribute to an overt focus on extra-organizational activities, diverting attention from on-the-ground, worker and whistleblower-focused initiatives that can help real people at risk from identity-based reprisals, and address their specific vulnerabilities to retaliation.

Background

This research was carried out as part of the BRIGHT project. The two-year initiative aims to create an inclusive whistleblowing environment that considers the unique experiences and challenges of individuals across all genders, identity categories and backgrounds. This means educating organizations, institutions, and the public about the importance of an intersectional approach to whistleblowing, and developing and implementing systems for measuring and evaluating whistleblowing culture through a gender and intersectionality framework. The BRIGHT project, funded by the European Commission (EACEA – project 101143234), is a collaboration between EDHEC Business School, the European Whistleblowing Institute, and the University of Galway.

For examples of best practices, and the full report, please download here.