Research On The Construction Of Reasonable Accommodation System For Employment Of Disabled Persons

Employment difficulties have always been the main obstacle to the survival and development of the disabled.The interaction between their own factors and the social environment has made it difficult for the disabled to integrate into society,and they have been on the edge of the labor market for a long time.Therefore,they need the help of the state and society.The Convention on the Rights of Persons with Disabilities(hereinafter referred to as "the Convention")clearly stipulates that persons with disabilities have the right to require the obligatory subjects to provide reasonable accommodation to protect their basic human rights in education,medical treatment,transportation,employment and their further development.As a party to the Convention,China should fulfil its obligations under the Convention and build relevant systems through legislation to ensure that the disabled are provided with reasonable accommodation.Based on the advantages of reasonable accommodation in solving the employment problem of disabled people in China,this paper studies how to institutionalize it at the legal level.The article is divided into five parts.The first part is the introduction.Firstly,the background of the topic introduces that the current employment support policies for the disabled,such as proportional employment,fail to significantly increase the number of disabled people in employment.Therefore,we need to introduce a new system,i.e.the reasonable accommodation employment system for the disabled,to solve the employment problem of the disabled,and put forward the specific contents that need to be studied.Secondly,the literature review clarifies the research status of this issue at home and abroad,China is still in the initial stage of research;finally,the framework structure clarifies the writing ideas of the article: why to build a reasonable employment accommodation system for the disabled,how to build a reasonable accommodation employment system for the disabled,and how to violate the legal liability and relief methods of the reasonable accommodation employment system for the disabled.The second part is an overview of reasonable accommodation.Firstly,through combing the historical evolution and institutionalized development of the concept of reasonable accommodation,it is clear that the concept of reasonable accommodation has gradually formed in the process of legislative practice in developed countries,and then adopted by the Convention,which has been universally recognized by the international community.Secondly,it is clear that reasonable accommodation,as an expanding principle of non-discrimination,refuses to provide reasonable accommodation is an independent discriminatory act.After that,the basic characteristics of reasonable accommodation aresummarized,which include universality,individuality and positive obligation.The third part is about the practical needs and theoretical basis of establishing a reasonable accommodation employment system for the disabled.The system drawbacks of proportional employment and centralized employment in China have led to the need to resort to other ways to solve the employment problem of the disabled.Reasonable accommodation meets the development needs of disabled people and has corresponding theoretical basis.Therefore,it is necessary to institutionalize reasonable accommodation in the field of employment of disabled people in China.The fourth part is the constituent elements of the reasonable accommodation employment system for the disabled.The core subject of the legal relationship constituted by the system of reasonable accommodation employment for the disabled is the disabled and the employing unit.The boundary of the system of reasonable accommodation employment for the disabled is clarified by clarifying the contents of the rights and obligations of both parties,the considerations of rationality of accommodation and the situation of accommodation.The fifth part is about the legal liability and relief system for violating the system of reasonable accommodation employment for the disabled.Violation of the system of reasonable accommodation employment for the disabled constitutes employment discrimination,but at present there is no clear legal liability for employment discrimination in China.Therefore,the author combines the existing forms of legal liability and relief methods with the characteristics of the system of reasonable accommodation employment for the disabled and puts forward relevant suggestions,such as the establishment of a special anti-discrimination institution and the improvement of employment discrimination.Relevant substantive and procedural laws,only in this way can the disabled fully realize the relief of their rights.Finally,in the conclusion part,the author puts forward that China should add the content of the reasonable accommodation employment system for the disabled in the Disabled Persons Security Law,and puts forward the author's legislative suggestions.It is expected that through the preliminary construction of the system of reasonable accommodation employment for the disabled,this paper will contribute a little to the further study of the relevant issues of reasonable accommodation employment in our country in the future.