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This paper introduces four cases of employment gender discrimination in recent years in China, analyzes and generalizes the characteristics and similarities of these cases, as well as the progress and problems of employment gender discrimination litigations in China reflected in these cases, and puts forward suggestions to resolve the existing problems.

In: Equality and Anti-Discrimination
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Abstract

The principle of equality and non-discrimination is the basic principle and value of human rights law, serving as the pillar that supports modern human rights law. The domestic laws of each country also expressly provide that it shall safeguard equality, prohibit discrimination, and establish institutions and related mechanisms to promote equality. The author explains the position of the principle of equality and non-discrimination in international human rights law and the recognition and protection of equality provided by major international human rights conventions; reviews the developments, major content and mechanism of anti-discrimination legislation in various countries; introduces the legal framework for safeguarding equality in China and reviews its flaws, and also discusses China’s mechanisms and new initiatives for equality and anti-discrimination. In this chapter, the author points out that in contrast to international standards and overseas experience of equality and non-discrimination, in recent years, China has continued to explore mechanisms and measures to promote equality and eliminate discrimination, and major progress has been made, especially in the protection of gender equality. However, a social consensus on equality and anti-discrimination has not been formed yet, and employment discrimination is still widespread. China still has a long way to go to actually put the newly introduced anti-discrimination measures into practice.

In: Equality and Anti-Discrimination
In: East Asia’s Renewed Respect for the Rule of Law in the 21st Century

Abstract *

Sexual harassment is a form of gender discrimination and gender-based violence. It is a fundamental human right to be in a safe environment at work, free from violence and sexual harassment. The Beijing Platform for Action adopted by the Fourth United Nations World Conference on Women in 1995 strengthened the consensus that sexual harassment is violence against women. Sexual harassment in the workplace affects critical areas of concern in the Beijing Platform for Action, such as violence against women, women and economy, and human rights of women. This chapter reviews the progress and achievements of Chinese government in policy making, law improvement, administrative coordination and governance in the sexual harassment prevention in the workplace for the past 25 years, especially over the past five years. Through analyzing existing issues, this research puts forward measures and suggestions for improving the legal normative system, promoting the formation of joint efforts of different departments and enhancing the employer’s initiative. The implementation of the Beijing Platform for Action should be accelerated so as to push for the improvement of sexual harassment prevention mechanism in the workplace and to promote the protection of women’s rights and interests.

In: Equality and Anti-Discrimination
In: Equality and Anti-Discrimination
In: Equality and Anti-Discrimination
In: Equality and Anti-Discrimination
Editors: and
In Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collect experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China. Since the reform and opening up in China the market economy and civil society have developed. However, many economic and social discriminations have also emerged and caused widespread social contradictions and legal dilemmas. In this book, equality rights and discrimination issues are investigated in a panoramic way from the perspective of law, and .insightful suggestions are made.
The authors believe that anti-discrimination research and actions in the field of Chinese law are carried out simultaneously with political changes and economic development. In this process, experts and scholars, public media, research institutions, and non-governmental organizations play important roles. The awakening of civil rights awareness and the emergence of rights protection actions for vulnerable groups are the sources of anti-discrimination research and actions in the field of law.