Developments in Chinese Labour Laws: Enforcing People with Disabilities' Right to Work?

Abstract

The rights of persons with disabilities have gained increased international recognition with the adoption by the United Nations of the Convention on the Rights of Persons with Disabilities (CRPD). The Peoples Republic of China (China) was active in the drafting of the CRPD, was involved with the launching the Decade of Disabled Persons in Asian and the Pacific Region (2003-2012) and on 26 June 2008 the Standing Committee of the National People's Congress ratified a bill for China's accession to the CRPD. China has now ratified the CRPD and will take a leading role in the enforcement of this convention. The enforcement of the CRPD will occur through the Committee on the Rights of Persons with Disabilities. One of the twelve founding members of the Committee on the Rights of Persons with Disabilities is from China: Ms Jia Yang. Due to the significant role China will take in enforcing the rights of persons with disabilities internationally it is relevant to assess the extent to which China's domestic laws reflect the rights protected in the CRPD. This article will focus on the extent to which Chinese laws protect and enforce people with disabilities' right to work as enshrined in art 27 of the CRPD. Over the last few years China has ratified the CRPD and reformed its domestic laws. This paper will argue that Chinese laws have made substantial improvements however further reforms are necessary if people with disabilities are to fully realize their right to work in China.

Keywords: CRPD, China, Disabled Persons