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Perspective of Constitutionalism women's equal right to employment

Author: CuiYan
Tutor: LiuYuanZheng
School: Ocean University of China
Course: Legal
Keywords: Women's equal right to employment Constitutionalism Equality
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 132
Quote: 0
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Abstract

This paper studies and explore is a constitutional perspective women's equal right to employment issues. Right to equal employment is the employment rights of workers inside the most central, most important and most basic rights. But in our real life, women's equal right to employment has been difficult and many other factors can be fully realized. This violates the constitutional guarantee of women's equal right to employment. At present, research on women's right to equality stays in economic law, labor law aspects. In this paper, the constitutional perspective on China's women's equal right to employment situation did some superficial research. This paper is divided into four sections to explore the constitutional perspective of women's equal right to employment. The first chapter defines the constitutional perspective women's equal right to employment connotations. This chapter first start come from labor and employment rights of women's equal right to employment concepts, followed by an analysis of women's right to equal employment rights in the Constitution of the two properties: First, it is the female citizens the right to equality in the labor sphere extension and concrete; secondly It is a constitutional state must be positive behavior to achieve its interests a right. Then pointed out that women's equal right to employment itself contains that women should enjoy the same men as equal employment opportunity and a reasonable distinction two complement each other two aspects can not be separated. The second chapter is divided into two separately traced the West and our right to equal employment protection for women's history evolution. The third chapter analyzes the employment rights of women equal protection of the status quo. Section on China's existing laws and regulations on women's equal right to employment requirements to conduct a comprehensive carding; Section II analyzes women's equal right to employment in real life problems are the employment opportunities of gender discrimination, occupational Gender segregation and labor inequality of treatment; Section III analyzes women's equal employment rights have been violated because analysis is mainly in two ways: First, awareness of the impact of traditional culture on a misunderstanding of the role of women; Second, current law tort The absence of human responsibility, security institutions are not clear, the lack of effective remedies. Chapter IV describes the first constitutional guarantee of women's equal right to employment significance. Secondly focuses on the employment rights of women are violated equal constitutional protection five suggestions: First, women's equal right to employment, the principle of the prohibition of discrimination recognized by the Constitution; Second, a clear government security responsibilities; Third, improve the mechanism of administrative proceedings ; Fourth, the establishment of specialized institutions to protect equal employment; Fifth, strengthen the judicial application of the Constitution. Innovation of this paper is: First, China's current legal theory on women's equal right to employment of more equality and equal rights is the traceability aspects, employment rights and equality of employment rights is closely related to the relative lack of research, while women definition of the right to equal employment, rights, property and the basic content of the research is still not deep enough. This article from a constitutional perspective right from the start on the employment rights of women, the concept of equal employment depth study draws its female citizens the right to property is the right to equality in the labor sphere extension and specific, is a constitutional state must pass positive behavior to achieve its interests as a right, as well as its basic content includes women with men should enjoy the same equal employment opportunities and reasonable discriminate two points. Secondly, our Constitution does not scholars have long way to achieve the constitutional rights as well as constitutional remedies to make in-depth study. In this paper, women's equal right to employment relief for the study, proposed a five-point proposal on its constitutional protection, in order for the protection of the right of women to equal employment Legal Regulation of inspiration. This five suggestions are: first, the women's equal right to employment, the principle of the prohibition of discrimination recognized by the Constitution; Second, a clear government security responsibilities; Third, improve the administrative litigation system; Fourth, the establishment of specialized institutions to protect equal employment ; Fifth, strengthen the judicial application of the Constitution.

Perspective of Constitutionalism women's equal right to employment

Abstract

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