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Study On The Employment Right Of Handicapped

Posted on:2009-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:C JiangFull Text:PDF
GTID:2166360242975191Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Under the Constitution, labour is every citizen's rights and obligations of persons with disabilities are no exception, the state also protect the labour rights of the disabled. Protecting and promoting the employment of persons with disabilities to improve the living conditions of persons with disabilities, and enhance social status, participation in social life and the basic premise of important ways.As society advances, the development of the times, how to establish and improve employment security system to protect and promote the employment of persons with disabilities, has become China's government needs to seriously deal with a problem. Therefore, the right to employment of persons with disabilities is very important theoretical and practical significance. This paper is divided into five parts:I first part of the employment of persons with disabilities mainly on the concept of the right to employment of persons with disabilities, as well as the content of the right. China's "Law on the Protection of Disabled Persons", the "Labor Law" and "Vocational Education Act" and other laws and regulations have given people with extensive real and effective protection of the right to employment, we can see that the right to employment of persons with disabilities is a very important right. Labor employment means that people with disabilities have the ability to work and employment aspirations of people with disabilities in social work, and obtain compensation or income. Can be seen from this definition, not every issue of employment of persons with disabilities exist, and only have the ability to work in the age for employment of persons with disabilities have the employment issue. Of this paper is to discuss the employment of persons with disabilities have the right to refer only to labor and employment aspirations of the right to employment of persons with disabilities. Specific right to employment of persons with disabilities include the following: the right to employment opportunities; salary remuneration rights; labour safety and insurance benefits as well as the rights of persons with disabilities enjoy the other rights.In the second part, focused on the employment of persons with disabilities the right to property, first of all, the right to employment of persons with disabilities is an indispensable basic human rights. Human rights is subject to certain people's moral support and recognition, what kind of individuals or groups should enjoy what human rights, legal or other social norms of what should be provided and the protection of human rights, is subject to the universally recognized human morality by the support and recognition, and the core concept of justice, humanitarian, freedom of thought and the concept of equality. As the basic human rights of persons with disabilities the same employment rights of these human beings generally agree that the moral and ethical concepts. Secondly, the right to employment of persons with disabilities is a constitutional right, as a society, and equality of persons with disabilities should enjoy the same employment and the right to full participation in society. Therefore, through social assistance for employment of persons with disabilities is, in itself, the performance of equality of human rights is the right to employment of persons with disabilities means.The third part of this paper discussed the employment of persons with disabilities in China's current status, problems and causes. Although the cause of employment of persons with disabilities in China has great progress, but on the protection of the right to employment of persons with disabilities with the developed countries there is still a considerable gap. With China's social modernization process of the development of an increasingly prominent problem of employment of persons with disabilities, people with social security undertakings as an important component of the disabled not only to its own interests, but also affect the process of modernization and social stability. At present people with the main problems facing the employment mainly in the following aspects: First, people with careers too narrow; employment of persons with disabilities and the overall level of employment is a significant gap between disabled persons, social security policy is not yet sound enough employment of persons with disabilities relevant laws, regulations, and policies to be perfect; the employment of the disabled community the urgent need to improve the social environment. Employment of persons with disabilities is facing so many problems, for many reasons. From an objective environment, the employment of persons with disabilities in the competitive position of vulnerability, discrimination against persons with disabilities and prejudice, and formed a serious obstacle environment, restrict employment of persons with disabilities to equal participation in competition, the legal obstacles, the implementation of policies affecting employment of persons with disabilities work. Analysis of the subjective, people with the overall quality, employability and social demands are not suited great contradictions.In this paper, the fourth major part of the international community to protect the right to employment of persons with disabilities. The employment of persons with disabilities, to a certain degree of special protection measures, mainly prevent the arbitrary dismissal of workers with disabilities, and that employers are obliged to bear the responsibility of persons with disabilities integrate into the community. The international community generally believe that the vast majority of persons with disabilities have the ability to work, as long as appropriate assessment, training, placement and support, can be engaged in work. International Labour Conference "vocational rehabilitation and employment of persons with disabilities Convention," called on Member States to adopt laws and to take the necessary steps to enable persons with disabilities, and maintain a suitable career enhancement. Typical representatives of the developed countries Japan, Spain and France. The employment of persons with disabilities in developing countries on the protection of the right, far behind the developed countries as perfect and meticulous, but in developing countries it has been working tirelessly to improve the employment of people with the protection of the right.Part V of this paper on improving the employment of persons with disabilities the right to the concept of the system. According to the national economic and social development planning, employment and scattered on the principle of combining employment, and work out preferential policies to take affirmative measures of protection; insist that the Government and the community to help support combined to encourage the community, organizations and individuals through a variety of channels, in various forms to help support the employment of persons with disabilities; willing to continue to guide and promote the employing units in proportion to implement good policies for employment of persons with disabilities, for people with the provision of appropriate jobs, jobs and labor protection, and further widen the channels for employment of persons with disabilities, and actively develop for disabled The nonprofit employment posts for the disabled to provide more effective employment assistance and vocational training to help people with disabilities improve their own quality and enhance employability; encouraging and supporting people with their own jobs, their careers. This is the perfect guide the work of the people with employment guidelines.
Keywords/Search Tags:Handicapped
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