法律视角下的中国农民工职业健康:现状、难题与对策。

IF 0.1 Q4 LAW
MEDICINE AND LAW Pub Date : 2015-09-01
Kai Liu, Wen Liu
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引用次数: 0

摘要

在英语世界中,“农民工”指的是来自其他国家(通常是欠发达国家)的工人,而在中国,“农民工”在语义上指的是农村居民,以前居住在农村,从事农业,后来由于工资较高等原因迁移到城市地区从事体力劳动。作为一个弱势群体,移徙工人受到职业病的严重困扰,有几个显著的潜在特征。从法律的角度看,户籍法、职业病防治法、卫生监督法、教育法等制度在保障和落实农民工职业健康权利方面是无效的。本文主张修改立法,消除对移徙工人的歧视,保障他们的健康权利。需要在公共卫生法中进行合理的资源分配,并通过修改教育法来改变与农村居民接受高等教育不平等有关或直接导致不平等的因素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
OCCUPATIONAL HEALTH OF CHINESE MIGRANT WORKERS FROM A LEGAL PERSPECTIVE: STATUS QUO, CONUNDRUMS, AND RESOLUTIONS.

In contrast to its usage in the English speaking world, which refers to 'migrant workers' as workers from other, usually less-developed countries, migrant workers in China semantically refers to individuals who are rural residents, previously residing in the countryside and engaging in agriculture who subsequently migrate to urban areas, to engage in manual labor due to higher wages, among other reasons. As a vulnerable group, migrant workers are substantially troubled by occupational diseases, with several significant underlying hallmarks. From a legal perspective, the system is ineffective in protecting and implementing these migrant workers' occupational health rights, including household law, occupational diseases prevention law, public health supervision law and education law. This article argues in favor of legislative change to eliminate discrimination against migrant workers and to safeguard their health rights. There needs to be reasonable resource allocation in public health law and changes in the elements associated with, or directly resulting in, inequalities in admission to higher education for rural residents by also amending education law.

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