Research On International Law Protecting The Employment Rights Of The Disabled Persons

With the development of international human rights, the human rights of persons withdisabilities have been gradually attach importance to the international society, especiallyas the material guarantee of employment rights of the disabled, should be protectedunder international law. But look at the international community, both developedcountries and developing countries, the disabled persons are always vulnerable groupsin society, their physical and physiological aspects has irreparable flaws, compared withthe healthy people’s employment rights, the employment of disabled persons rights stillcan not get fully protected. Therefore, the obligations under international law to protectthe disabled person’s employment rights and human rights without delay. In this paper,starting from the definition and nature of the disabled, through the analysis of the natureof the right to employment for the disabled and the difference between the averageperson employment rights, which leads to the argument of this paper.Internationally, including the United Nations, the international labor organization andother international organizations have had effective protection on employment rights forthe disabled. Introduce the “Convention on the Rights of Persons with Disabilities”,“World Programme of Action concerning Disabled Persons”,“Convention concerningVocational Rehabilitation and Employment of the Disabled persons”,“Standard Ruleson the Equalization of Opportunities for Persons with Disabilities” and other relevantinternational law, in order to effectively protect the legitimate rights and interests of thedisabled, to protect the disabled person enjoy equal rights with healthy people havemade outstanding contributions in employment. Especially in the protection ofemployment for the disabled in the “Convention on the Rights of Persons withDisabilities”, recognize the root cause of the disabled employment difficulty, does notlie in the disabled body defect, but social discrimination against persons with disabilities,prejudice, and various environmental facilities such as obstacle, put forward theprinciple of anti-discrimination principle and accessibility. This article through theanalysis of the international law basis of safeguard employment rights for the disabled,the specific provisions of relevant international treaties are discussed, and thensummarizes the significance of international law safeguard employment rights for thedisabled. On this basis, then through the United States, Germany, and Japan’s domesticlegislation, summed up the developed countries in the protection of employment rights for the disabled, established domestic laws and regulations in line with the actualsituation and also established a relatively complete legal system, set up a relativelyindependent status of relief agencies and a series of legal system, this is the premise forChina to solve the problem of employment for the disabled to provide a good reference,also exposed exposed the Chinese legal system’s defects and inadequate.This paper uses a variety of research methods including analysis of the survey method,literature research, experience summary method and so on, explores the full range ofemployment rights guaranteed by international law for persons with disabilities,eventually made exploratory suggestions to improve the legal protection of the disabledemployment rights in China. Suggest China to enact an “anti-employmentdiscrimination law”, including against discrimination of employment for the disabledpersons. In the “anti-employment discrimination law”, we can define the actions of thediscrimination of employment for disabled persons, and list some specificdiscrimination behavior. Modify and improve the existing laws on the protection of thedisabled employment equal rights. Improve the disabled employment security fundsystem. Improve the discrimination employment for the disabled legal responsibilityand right relief program, etc.