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Employment Legal Framework for Persons with Disabilities in China: Effectiveness and Reasons

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  • Yuling Hao

    (School of Public Affairs, Xiamen University, No. 422, Siming South Road, Xiamen 361005, China
    Graduate Institute for Taiwan Studies, Xiamen University, No. 422, Siming South Road, Xiamen 361005, China)

  • Peng Li

    (Collaborative Innovation Center for Peaceful Development of Cross-Strait Relations, Xiamen University, No. 422, Siming South Road, Xiamen 361005, China
    Taiwan Studies Center, Xiamen University, No. 422, Siming South Road, Xiamen 361005, China)

Abstract

In order to promote the employment of persons with disabilities, two dominant legal approaches—anti-discrimination legislation based on the social model of disability and an employment quota scheme based on the medical model—are usually employed on a nation-state basis in disability policies. This article systematically examines the reasons why both the anti-discrimination and employment quota scheme legal frameworks have limited effectiveness in promoting employment of persons with disabilities in China. We found that the lack of a definition of disability, the lack of a definition of discrimination, and the absence of effective enforcement mechanisms are the reasons for poor outcomes of the anti-discrimination legal framework. For the employment quota scheme, conflicts between the mainstream labor market legal framework and the quota scheme legal framework have prompted employers to pay penalties rather than hire persons with disabilities. China should address these issues in the current legal system in the short term. Meanwhile, the CRPD should be more strongly emphasized in China. This article argues for the human rights model espoused by the CRPD, instead of the medical model, to develop a coherent and sustainable disability legal framework for promoting participation of persons with disabilities, rather than focusing on viewing them as recipients of care.

Suggested Citation

  • Yuling Hao & Peng Li, 2020. "Employment Legal Framework for Persons with Disabilities in China: Effectiveness and Reasons," IJERPH, MDPI, vol. 17(14), pages 1-20, July.
    • Handle: RePEc:gam:jijerp:v:17:y:2020:i:14:p:4976-:d:382820
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    References listed on IDEAS

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    1. Carol Woodhams & Susan Corby, 2007. "Then and Now: Disability Legislation and Employers' Practices in the UK," British Journal of Industrial Relations, London School of Economics, vol. 45(3), pages 556-580, September.
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    Cited by:

    1. Yuling Hao & Rikui Xiao, 2022. "How Disability Income Benefits Affect Employment for Persons with Disabilities in China: An Impairment-Based Work Disability Assessment Perspective," IJERPH, MDPI, vol. 19(6), pages 1-15, March.

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