The Implementation of International Law on the Equal Right of Labor of Transgender Minorities in China: Revisiting the Mr. C. Case

文件分类:Article

发布日期:2019年4月25日

作者/主要创作者:Chengming Yang

相关机构/单位/期刊/出版社:Chinese Journal of International Law

编号:

备注:https://doi.org/10.1093/chinesejil/jmz008

议题:法律 就业

群体:跨性别

学科:法学

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The equal right of labor and anti-discrimination in occupation or employment is guaranteed in international conventions and most domestic laws. Revisiting the Mr. C. case, China should conduct legal reform to implement international law on the equal right of labor of employees including transgender minorities. China should enact an anti-discrimination law to transform international law into Chinese domestic law. Employment or occupational discrimination should be added as grounds for legal action. Reversal of burden of proof should be applied in the trial of the cases concerning equal right of labor, and compensation for emotional damage as well as punitive damages as remedies for the victims should be provided for. Efficiency of labor arbitration and administrative labor supervision should be strengthened in eliminating gender discrimination in employment or occupation.