Theory and Practice of Human Rights in China

LAW610D
Li wei ling
Tan jiang du
Zhu yi fu
Qiu si yin
Wang xin yi
 CONTENTS

01 Health Protection and Social 03 Chinese citizens' economic

Rights of Chinese Citizens rights

Human Rights and Independence

02 of Chinese Citizens
 01

Health Protection and

Social Rights of Chinese
Citizens
Chinese workers are protected by the Law of the People's
Republic of China on the Prevention and Control of
Occupational Diseases.
All employees of employers are protected by the Law
on Prevention and Control of Occupational Diseases.
Regardless of the nature of the employer, what type of
economy it is, whether or not it has signed a labor
contract (including an employment contract) with the
worker, as long as there is a de facto employment
relationship between the employer and the worker, the
worker is protected by this law. F
In addition, the occupational health protection of staff of
special employers such as state organs and the people's
army shall be implemented in accordance with the
"Occupational Disease Prevention and Control Law".

01
 Laborers enjoy the right to occupational health protection.
("Occupational Prevention Law" stipulates the occupational
health protection rights enjoyed by workers according to law)
(1) Enjoy the right to education and training, and obtain occupational health education and training
according to law.
(2) Enjoy the right to health services and obtain occupational health examinations and occupational disease
diagnosis and treatment according to law. Rehabilitation and other occupational disease prevention services.
(3) Enjoy the right to know, and have the right to understand the occupational hazard factors, hazard degree,
hazard consequences, protective measures and related treatment that occur or may occur in the workplace.
(4) Enjoy the right to health protection, and have the right to require employers to provide occupational
disease protection facilities that meet the requirements for occupational disease prevention and occupational
disease protection products for personal use, so as to improve working conditions. 、
(5) Enjoy the right to criticize, report and accuse, and criticize, report and accuse behaviors that violate laws
and regulations on occupational disease prevention and endanger life and health.
(6) Enjoy the right to participate in decision-making, participate in the democratic management of the
employer's occupational health work, and put forward opinions and suggestions on the prevention and
control of occupational diseases.
(7) Enjoy the right to compensation, and have the right to demand compensation according to law for health 01
damage caused by occupational hazards.
 What are the obligations of employers in the prevention and
control of occupational diseases?
(1) Health protection obligations. Employers shall take effective measures to prevent occupational
disease hazards, and provide workers with a workplace, environment and conditions that meet the
national occupational health standards and health requirements.
(2) Occupational health management obligations. The employer shall establish and improve the
occupational disease prevention and control responsibility system, occupational health management
organization and occupational health management system.
(3) Insurance obligation. Employers shall participate in work-related injury social insurance according to
law.
(4) Reporting obligations. Employers shall report occupational hazard items, occupational disease hazard
accidents, and occupational hazard testing and evaluation results to the health administrative
department in a timely and truthful manner.
(5) Health protection obligations. Employers must adopt effective occupational disease protection
facilities and provide workers with personal occupational disease protection products.
(6) Obligation to reduce occupational hazards. Employers shall adopt new technologies, new processes,
and new materials that are beneficial to the prevention and control of occupational diseases and the
protection of workers' health, and gradually replace technologies, processes, and materials with serious
01
occupational hazards.
(7) Obligation to detect occupational hazards. Employers should regularly inspect and evaluate
 02

Human Rights and

Independence of
Chinese Citizens
 Human rights are the
birthright of all human beings,
regardless of race, gender, sexual
orientation, nationality, ethnicity,
language, religion or any other
status. Human rights include the
rights to life and liberty, the right
to be free from slavery and
torture, the right to freedom of
opinion and expression, the right
to work and education, and much
more. Everyone
Concepts is entitled
and to to human rights in various countries in the world are gradually
ideas related
enjoy these
unifying, rights
and without of universality of human rights has been recognized by all countries in the
the principle
discrimination.
world. The Universal Declaration of Human Rights states: “All human beings are born free and equal
in dignity and rights.” In addition, the Constitution of the People’s Republic of China (amended in
2018) also clearly states: “The state respects and protect human rights.”
02
 At present, the Chinese government attaches great
importance to education related to human rights in China,
and the educational content has been included in my
country's "Guidelines for Legal Education in Primary and
Secondary Schools" (2007). At the same time, the UN's
"International Sexuality Education Technical Guidelines
(Revised Edition)" also clearly pointed out the teaching
objectives of human rights-related content in
comprehensive sexuality education.
China's laws and regulations involve content related to
human rights. Among them, China's fundamental law, the
"Constitution of the People's Republic of China" (2018
Amendment), clearly stipulates human rights. In addition,
the Civil Code of the People's Republic of China (2020),
the Law of the People's Republic of China on the
Protection of Minors (2020 revision), the Law of the
People's Republic of China on the Protection of Women's
Rights and Interests (2018 revision), and the Law of the
People's Republic of China on the Protection of Disabled
Persons " (2018 Amendment) and other relevant laws and 02
regulations all involve content related to human rights in
 03

Chinese citizens'
economic rights
 According to Chinese law, the economic rights of Chinese
citizens mainly include property rights, inheritance rights,
labor rights, rest rights, living security rights for retirees,
and material assistance rights.
First, property rights (also known as property ownership). Property rights
include citizens' legal income, storage, housing and other legal property
ownership. The legitimate property ownership of Chinese citizens is
protected by law, and citizens have the right to exercise the right to
possess, use, benefit from, and dispose of their own property in
accordance with the law without any illegal interference. When a
citizen's property rights are infringed upon, the citizen may file a claim to
the right-leaving person or directly file a civil lawsuit to the People's
Court of China, and the Chinese court will make the infringer bear the
corresponding civil liability in the form of a judgment. In addition to civil
lawsuits, China
Second, the also
right toprotects citizens'
life security property
of retirees. rights in accordance
Employees with
of enterprises and government agencies
the law through civil lawsuits attached to criminal proceedings and state
who have reached the legal age or meet the statutory conditions and have completed the
compensation in administrative
retirement procedures have theproceedings.
right to retire to spend their old age and enjoy certain retirement
benefits and other living guarantees.
03
third. right of inheritance. The state's protection of citizens'
property rights means that the state also protects citizens'
right to inherit legal property. The right of inheritance means
that the heir enjoys the right to obtain the inheritance of the
decedent in accordance with the law. There are two ways of
inheritance in my country: legal inheritance and
testamentary inheritance. Statutory inheritance refers to the
property inheritance method that transfers the inheritance
of the decedent to the heir according to the scope of heirs,
the order of inheritance and the principles of property
distribution stipulated by law in the absence of a will and
bequest after the decedent's death: testamentary
inheritance means Under legal conditions, the decedent has
a will on the inherited property. According to the legal will,
the property inheritance method of transferring the
decedent's estate to the heir.
Fourth, labor rights. The right to labor refers to citizens who
have the ability to work. They have the right to work and
employment opportunities. Chinese
obtain labor remuneration. At the same time,enjoy
citizens it encourages
equal citizens with labor capacity to
seek employment
employment and
rights, thestart
righttheir own businesses.
to choose Thethe
a profession, state advocates labor competition and 03
voluntary labor.labor
right to obtain Reward model workers,
remuneration, but any
the right unit orlabor
to obtain individual Do not force others to labor
Fifth, the right to rest. It means that in order to
protect the health of workers and improve labor
efficiency, the state stipulates that workers have
the right to vacation or recuperation according to
law. The state stipulates 8-hour work system,
weekend system, holiday system, family leave
system and other leave systems; on the other
hand, the state increases financial investment,
develops social public welfare undertakings, and
actively mobilizes, mobilizes and organizes social
forces. Develop various rest places and
recuperation and recuperation facilities to
provide effective institutional and material
Sixth, the right
guarantees to material
for the assistance.
realization Citizens
of citizens' right have
to the right to obtain material assistance from the state
and
rest.society when they are old, sick or incapacitated. The state and society protect citizens by developing
social insurance, social relief and medical and health services, implementing a retirement security system,
guaranteeing the lives of disabled soldiers, providing pensions to the families of martyrs, giving preferential
treatment to military families, helping to arrange work and other disabled citizens' labor, life and education.
Realization of the right to material assistance.
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THANKs