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Research On Anti-Discrimination Law In British

Posted on:2010-01-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z J RaoFull Text:PDF
GTID:1116360305456855Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Gender equality is paid much attention by all the world. And equal employment is pursued by all labors. So how to protect women's equal rights of employment concerns both the development of women and the stability of the society.British common law does not prohibit acts of discrimination, but as the United Kingdom joining various international organizations and the rising of domestic equality movement, since the 1970s,the British has enacted a large number of laws to prohibit employment sexual discrimination. Including detailed provisions on equal pay for equal work,sexual harassment,and maternity protection. In addition.these laws also provide for four different forms of discrimination, namely, direct discrimination, indirect discrimination, harassment and victimization, and prohibit any of these forms of discrimination at all stages of employment.In order to effectively prevent discrimination in employment, the U. K. established the Human Rights and Equal Opportunities Commission in accordance with the Equality Act.The Commission plays a important role in tackling employment discrimination in the British society.Regarding British's research,we may discover that,British Institutions have some several characteristics: from negative legislations to the positive legislations to transform,realize from the simple prohibition of the sex discrimination to legislate positively regarding the female employed safeguards;country's function has strengthen unceasingly to tackle sex equality, emphasis country should positive involve the sex discrimination; in order to realize between the efficiency and the fair balance effectively, impels the strategy to adopt the evolution way.Although women get more protection than before in China,sex discrimination can be seen every where.Our country has done the massive work in view of the feminine equal employment, the related legal regime is not perfect.scopes of discrimination are limited;The legal stipulation lacks operation; relief way of The employment discrimination and the measure of relief are not perfect;Legislates itself have prejudice stipulation and so on.These insufficiencies have fundamentally created our country employment discrimination law relief mechanism flaw. in view of the extant condition and refers to British's experience, Firstly,we should put the gender awareness in all through the process of women's work rights protection.Secondly, China must formulate "sex discrimination Law" urgently, solve the following problems: Define the scope of sex discrimination in employment;distinguish direct discrimination and indirect discrimination; Redistribute the responsibility of presenting evidence, reducing the plaintiff's responsibility;Formulate reasonable responsibility form.Expand the access to relief;take corresponding measures according to the nature of the tortious behavior. Finally, the country should intervene the sex discrimination positively, establish the equal committee,implement gender mainstreaming, establish the family and the work friendly plan.
Keywords/Search Tags:British, Sex Discrimination, Gender Equality In Employment
PDF Full Text Request
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