Women's Equal Right To Employment In The Context Of Constitution

This paper mainly discusses the issues of women's right to equal employment in perspective of constitutionalism, which is the most central, important and basic rights. However, unfortunately women's right to equal employment can't work well for too much factors in our social life, it infringes the equal employment rights for women that is protected by constitutionalism. At present,the domestic researches focus on the economic law and labour law,so the paper makes relatively shallow research in women's right to equal employment.The paper is divided into four parts to research the equal employment for women in the perspective of constitutionalism.The first part defines the connotation of women's equal right to employment in the view of constitutionalism. Firstly, it starts from the concept of women's right to equal employment, then analyzes the two properties of women's equal right to employment in constitution that one is the extension and materialization for female citizens'equal employment in the labor field, the other is constitutional safeguard right by national positive behaviors. Finally, we known that women's equal opportunity and rational distinguish as men are the two aspects that can't be divided in women's equal right to employment.The second part traces the protection of equal employment rights in historical evolution in western countries and in our country.The third part analyzes the status of women's equal right to employment in our country, and it is divided into three:The first analyses national existing laws and regulations on women's right of equality employment comprehensively; The second discusses obstacles from the following three aspects of sexual discrimination, occupational gender segregation, unequal treatment; The last comes to a conclusion that the reasons for damage of women's equal right to employment are strong principle, unclear guaranteeing agencies and lack of effective remedy. The forth expounds the great significance of the constitutional protection for women's right of equality employment,then presents the issue of prospects and suggestions,including the constitution confirm of prohibiting discrimination,clear safeguard responsibility of government,perfect mechanism of administrative litigation sued;special institution of protecting equal employment,judicial application of constitution.At present,the research of equal right to employment for women,which is mainly stuck in the origin of equality and equal rights,is the relative lack in employment right in Chinese jurists.Meanwhile,the research of definition of women's equal right,attribute of right, basic components is also not deep enough. First,the property of concept for equal right to employment for women is the extension and materialization for female citizens'equal employment in the labor field, is also constitutional safeguard right by national positive behaviors and the context including the two aspects of the equal employment opportunity as men and rational distinguish.Secondly,our constitutional scholars seldom do in-deep research of practicable methods and remedy measures for constitutional right,so the paper puts forward these constitutions suggest inspiring people to lay down the law of equal right to employment for women,including the constitution confirm of prohibiting discrimination, clear safeguard responsibility of government,perfect mechanism of administrative litigation sued;special institution of protecting equal employment,judicial application of constitution.