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On The Constitutional Protection Of The Female Equal Right To Employment

Posted on:2012-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:S M FanFull Text:PDF
GTID:2216330338956723Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Equal right is the cornerstone of human rights, employment right is the cornerstone of livelihood, while the female equal right to employment is the refinement and exemplification of the equal right and employment right, so the female equal right to employment is both an important political and social right to female, as well as a basic constitutional right. But in reality, the unequal phenomenon of our country's female employment is very serious, and the employment discrimination exists generally and widely. Our country's protection to the female equal employment right is not only plagued by imperfect legislation, but also obstructed by inadequate relief system. The constitution exists as a basic law in the country's legal system, its content mainly involves two core issues:one is to regulate and limit the state's public power, one is to confirm and safeguard the basic civil right. However, the final purpose of regulating and limiting the state's public power is still to safeguard the realization of basic civil right, in this sense, the constitution is called people's rights guarantee book. So the constitutional guarantee of the female equal employment right is very necessary and of great significance.About the protection problems of female equal right to employment, compared with other countries, there is no difference in principle on provisions of the current constitution and constitutional law, but the procedural and institutional safeguard is obviously insufficient, there are many problems that are important factors impeding the female equal right to employment in practice. If not to establish and perfect the corresponding system construction, the female equal right to employment can not get effective constitutional protection. Therefore, this article analyzes realismly and discusses tentatively the constitutional protection of female equal right to employment on some obstacles, it proposes some suggestions, and tries to make the protection of the right of equal employment reach a good state. In this paper, firstly it studies the employment right, equality, equal right and equal right to employment theoretically, ultimately the meaning of the female equal right to employment and the definition of it's nature are derived, through the progressive analysis by great-great-great, understand deeply the female equal right to employment, so as to seek for the connotation of constitutional protection provides theory basis. Then it analyzes the unequal situation of female employment in reality, as well as the present situation and defect of the norm and system, to seek for the constitutional protection provides practical sources. Finally, through analyzing the more mature system of overseas and Taiwan in protecting the equal right to employment, the female equal right to employment, in line with the realistic attitude recognize the main problems in protecting the female equal right to employment, and learn from some of the more advanced theories and systems, at the same time, combined with the actual conditions of our country, puts forward further suggestions in perfecting the legal standard system which the constitution is the core, improving the corresponding system, in order to realize effectively the constitutional protection of our country' female equal right to employment.
Keywords/Search Tags:The female equal right to employment, The equal right to employment, Employment discrimination, Constitutional protection
PDF Full Text Request
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