Transformation of labour rights: a solution to protecting prisoners in China?

Abstract

According to the protected interests and normative environments within the above international labour standards, labour rights may be transformed on the basis of three primary aspects. These aspects include transformation in the subject of labour, in its requirements with respect to content and in its intended objects and purposes. Among these aspects, a transformation in intended objects and purposes may be the core solution to the rights conflict, given that China has not ratified all of its international human rights treaties and that prohibition of forced labour is uncertain to be an international customary norm. Thus, the transformation of labour rights could be developed thorough labour reforms involving the Constitution, criminal law and justice or labour rights in China to solve the rights conflict, of which those in the Constitution is at the core of such transformation as follows: