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On Employment Discrimination and Its Legal Regulation
A Comparative Study on the Governance of Employment Discrimination *

Abstract: Employment discrimination is a common phenomenon all over the world, which has a serious negative impact on social politics, economic development and social stability.

The international community and governments have taken anti-discrimination measures. From the perspective of comparative study, this paper discusses the measures to deal with employment discrimination.

At the same time, some suggestions are put forward for the future legal system design and policy orientation in China.

Keywords: employment; Discrimination; Law; comparative study

Employment discrimination is a common phenomenon all over the world.

The difference between "nothing" and "nothing" is only the difference between the degree and the existence of legal norms. pass by

Discrimination has affected social politics, economic development and social stability.

Will have a serious negative impact, so the international community and countries.

The government has taken anti-discrimination measures, especially strengthened anti-discrimination.

Legislation.

I. Overview of international anti-discrimination measures in employment

The anti-discrimination laws and regulations of the international community are mainly embodied in the International Bill of Human Rights.

Prevention of discrimination, women's rights, employment and other thematic categories of human rights documents

Anti-discrimination organizations also include human rights institutions under the United Nations system.

And human rights institutions under the international human rights treaty system.

(1) Anti-discrimination clauses in international human rights instruments

1948 The Universal Declaration of Human Rights adopted by the General Assembly in February is full of

The concept of equality, which lists peace in detail in the Charter of the United Nations.

The content of equal rights. There are 30 declarations, of which more than a dozen are still

Those who know equality. The first is that "everyone is born free and respected."

Strict equality in rights. Article 7 states: "Everyone is equal before the law.

And the right to equal protection of the law without any discrimination. "

Article 23 For the terms of employment, it is stipulated that "everyone has it.

The right to work, the right to free choice of occupation and just and appropriate working conditions.

Enjoy unemployment insurance. ""Everyone has the right to equal pay for equal work.

There is no discrimination. ""every worker has the right to enjoy.

Fair and proper remuneration ensures that he and his family have a symbol.

Living conditions consistent with human dignity, supplemented by other means when necessary.

Social security. ""Everyone must organize and take part in the work to safeguard their own interests.

The right to meet. "

After the Charter and the Declaration, 1966 and 12 in February, two more came into being.

An important international human rights convention, that is, "a country with civil and political rights"

International Covenant on Economic, Social and Cultural Rights. should

These two conventions codify the principle of non-discrimination in clear legal form.

Specific norms of treaty law. International Covenant on Civil and Political Rights

The Covenant provides for the establishment of the Human Rights Committee, consisting of 65,438+08 members.

Implementing the rights related to the Convention.

In the equal and non-discriminatory legislative system of the United Nations, "eliminate one"

International Convention on the Elimination of All Forms of Racial Discrimination and Convention on the Elimination of All Forms of Discrimination against Women

The Convention on Discrimination specifically addresses the Declaration on Non-discrimination.

The main agreement that specifies the reason.

International Convention on the Elimination of All Forms of Racial Discrimination in Employment

Everyone, regardless of race, has the right to work and freely choose a career.

Enjoy fair and generous working conditions, unemployment protection and equal work.

The right to equal pay and fair and reasonable remuneration. "1970, according to the couplet

The United Nations International Convention on the Elimination of All Forms of Racial Discrimination has established negation.

The treaty bodies responsible for monitoring the implementation of the obligations of States parties under the Convention, namely

Committee on the Elimination of Racial Discrimination The Committee on the Elimination of Racial Discrimination is composed of highly respected

It is composed of 65,438+08 respected, recognized and impartial experts, all of whom are States parties.

Elected from among citizens.

Convention on the Elimination of All Forms of Discrimination against Women in Employment and Labour

With regard to equality of rights, article 1 1 clearly stipulates that women have the right to work.

As a basic human right, the right to work lists various obligations undertaken by States parties.

So as to ensure that this right can be fully and effectively realized.

In order to review the progress made in the implementation of the Convention, the Convention has established the elimination.

Committee on the Elimination of Discrimination against Women, composed of 23 experts.

(2) Eliminating employment discrimination and international labor standards and international trade.

question

International labor standards, also known as international labor standards, generally refer to

Conventions and recommendations adopted by the International Labour Conference and other agreements reached.

Internationally recognized, complete and systematic methods for handling labor relations.

Principles and rules of some related relationships. International labor convention

The core and purpose is to establish and guarantee labor rights worldwide.

1998 declaration on the principles of basic labor rights adopted by the international labor conference

It is clearly defined as four rights: freedom of association and

Effectively recognize the right to collective bargaining; Eliminate all forms of forced labor;

Effectively abolish child labor; Eliminate employment discrimination. These four basic labor rights

Benefits are mainly reflected in the eight international labor conventions. Among them,