Constitutional safeguard research of female equal employment right in China- Based on the perspective of empirical investigation

Abstract

Employment is the foundation of people's livelihood. As a basic human right, the right to equal employment has always been a top priority for constitutional protection. Female workers are an important part of the economy and society, and their equal employment is an important catalyst for economic development. Women's right to equal employment is an important element in realizing women's personal and social values, as well as an important element of the State's efforts to build a harmonious society. Compared with the early days of the founding of the People's Republic of China, the protection of women's equal rights in employment has made great progress. However, the influence of history, culture and traditional concepts still lingers, and the burden of women's maternity has aggravated the invisible discrimination in employment, while the newly released "three-child" policy has also had a certain impact on equal employment. The phenomenon of women being discriminated against in employment is still not uncommon. Therefore, this paper explores the problems, countermeasures and future development direction of the protection of women's right to equal employment in China from the system of protection of women's right to employment in China's Constitution and other laws and judicial practice. On the one hand, China should improve the existing laws and regulations, improve judicial procedures, define the criteria for determining discrimination in employment, and formulate a special anti-discrimination law; on the other hand, we should strengthen the law enforcement mechanism, and set up a specialized labor inspection and enforcement agency to protect equal employment and a more pro-employment “Equal Employment Commission”.