Essay About Bachelor Degree And Chinese Anti-Discrimination

European Experience for Chinese Anti-Discrimination in Employment Law
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1. ILO convention as an introduction
It is widely accepted that equity is one of the main values we human pursue for a
very long time. People around the world fight against various discriminations on
grounds of different bases. Law, of course, plays an extremely important role in this
long, slow and difficult journey to the human rights. The idea or the principle of
non-discrimination is a macro issue itself. In order to avoid too much references on
various philosophy writings, we could have a look at an important convention in this
field, Convention concerning Discrimination in Respect of Employment and
Occupation(C111)1, adopted by International Labour Organization in 1958.
Article 1
1. For the purpose of this Convention the term discrimination includes–
(a) any distinction, exclusion or preference made on the basis of race, colour,
sex, religion, political opinion, national extraction or social origin, which has
the effect of nullifying or impairing equality of opportunity or treatment in
employment or occupation;
(b) such other distinction, exclusion or preference which has the effect of
nullifying or impairing equality of opportunity or treatment in employment or
occupation as may be determined by the Member concerned after consultation
with representative employers and workers organisations, where such exist, and
with other appropriate bodies.
2. Any distinction, exclusion or preference in respect of a particular job based
on the inherent requirements thereof shall not be deemed to be discrimination.
3. For the purpose of this Convention the terms employment and occupation
include access to vocational training, access to employment and to particular
occupations, and terms and conditions of employment.
From Article 1 of C111, we could have a basic idea of what constitutes a
discrimination. Along with the Article 42
Any measures affecting an individual who is justifiably suspected of, or
engaged in, activities prejudicial to the security of the State shall not be deemed
to be discrimination, provided that the individual concerned shall have the right
to appeal to a competent body established in accordance with national practice.
and Article 53
1.Special measures of protection or assistance provided for in other
Conventions or Recommendations adopted by the International Labour
Conference shall not be deemed to be discrimination.
2. Any Member may, after consultation with representative employers and
workers organisations, where such exist, determine that other special measures
designed to meet the particular requirements of persons who, for reasons such
as sex, age, disablement, family responsibilities or social or cultural status, are
generally recognised to require special protection or assistance, shall not be
deemed to be discrimination.
We also could know the principle of what does not constitute a discrimination, in
other words, Justification.
These two issues, as well as other detailed situations and rules, in Peoples Republic
of China(PRC) and European Union(EU) will be the topic of this paper.
2. The situations of discriminations in
employment and anti-discrimination in
employment law in China
Generally speaking, the employment discrimination in China is considerately
common to see and serious. You might find a job notice similar with the following
almost everywhere: The company need to recruit several salesman to develop the
business. Requirement: male, Beijing accounts(Beijing Hukou), below the age of 35,
Bachelor degree or above, priority of member of Communist Party of China(CPC)
and no candidate from Henan Province.4 Even the jobs of civil servants offered by
the central and local governments are fullfilled with very unreasonable restrictions:
the medical standards of civil servants in Hunan Province in 2003 restrict the female
candidate with “Obvious secondary sexual characteristics, symmetry breast” and so
According to the examples above, we can make such a judgement that the
employment and occupation market is fulfilled with all kinds of discrimination which
are unbelievably serious, both in civil and public fields. This shows that Chinese
society are lack of the most fundamental idea of equal opportunities and the
mechanism to promote them.