论盲人劳动权的法律保障

发布时间：2018-03-24 14:53

本文选题：劳动权　切入点：平等就业　出处：《青岛大学》2015年硕士论文

【摘要】：劳动是人类能够获得生存和取得生活资料的基本手段,是人类最基本的社会活动,是促进社会发展、进步的重要动力。劳动权不仅是公民享有的基本权利,也是公民的一项基本人权。因此,世界各国在宪法中明确保障劳动权。改革开放以来,我国法治建设的快速发展,逐步建立了残疾人劳动权法律保障体系,在很大程度上使得盲人在劳动就业方面取得显著成就,但仍然面临许多困境。盲人因为受到先天或后天条件限制,使其在视力上的存在缺陷,大多长期从事保健按摩,造成就业率低、就业单一等问题,同时,歧视、虐待、侮辱盲人劳动者的现象也时有发生,这使得盲人的劳动权遭受严重侵害,国家和社会各界必须给予足够重视和关注。因此,笔者试图运用宪法学和行政法学的基本理论,从多个角度找出盲人就业过程中存在的问题,并分析问题成因,考察美国、德国等国家或地区对保护盲人劳动权的相关法律或政策,寻求解决我国盲人劳动就业难的办法,并提出完善的建议和对策,使宪法规定的权利彻底落实。
[Abstract]:Labor is the basic means by which human beings can survive and obtain the means of subsistence, is the most basic social activity of mankind, and is an important motive force to promote the development and progress of society. The right to work is not only a basic right enjoyed by citizens, It is also a basic human right of citizens. Therefore, every country in the world explicitly protects the right to work in the constitution. Since the reform and opening up, the rapid development of the rule of law in our country has gradually established a legal protection system for the labour rights of the disabled. To a large extent, the blind have made remarkable achievements in the field of labour and employment, but still face many difficulties. Because of congenital or acquired conditions, the blind are mostly engaged in health massage for a long time because of their limitations on their eyesight. Problems such as low employment rate, single employment and so on. At the same time, discrimination, mistreatment and insulting blind workers also occur from time to time, which makes blind people suffer serious violations of their right to work. Therefore, the author tries to use the basic theories of constitutional jurisprudence and administrative jurisprudence to find out the problems existing in the process of blind people's employment from many angles, and analyze the causes of the problems, and investigate the United States. Germany and other countries or regions seek ways to solve the problem of the blind people's labor and employment in our country and put forward some perfect suggestions and countermeasures so that the rights stipulated in the Constitution can be fully implemented.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D921;D922.1

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