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Erschienen in: Medicine, Health Care and Philosophy 3/2013

01.08.2013 | Scientific Contribution

Conundrums in the legal protection of migrant workers’ health rights and relative resolutions: implications from the case of Tseng Hei-tao

verfasst von: Kai Liu

Erschienen in: Medicine, Health Care and Philosophy | Ausgabe 3/2013

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Abstract

The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers’ health rights protection.
Fußnoten
1
Cai Yan-hong (2009).
 
2
The Occupational Safety and Health Protection is emphasized on assuring safe and healthful working conditions for workers.
 
3
In Chinese, the term Nongmingong means migrant workers, i.e. those who work in urban areas but come from rural areas and are engaged in manual labor jobs.
 
4
Hong-yang (2009).
 
5
Andrade and Wheeler (1988).
 
6
A province in Southwest China.
 
7
In Chinese Political-Geographical Structure, a town is subordinate to a county.
 
8
Tang (2007).
 
9
Cuili (2009).
 
10
Report on the difficulties for migrant workers' employment. Website for legal aid to Chinese migrant workers. http://​www.​zgnmg.​org/​t/​nmggz/​1477.​html.
 
11
Feng (2011).
 
12
Wang (2009).
 
13
Zou and Guanzhong (2010).
 
14
Cha et al. (2011).
 
15
This disastrous coal mine explosion occurred in Juyuan Town in Henan Province on December 7, 2010 and totally caused 26 miners dead, all of whom were migrant workers. In this case, the local Juyuan Town Government, assumed to conduct routine inspection, was concerned with the coal mine company more than the miners’ rights. However, no punishment was imposed on the mining company, even after the government had discovered that mining fans were not equipped abundantly, as enshrined in the Production Safety Law. This eventually caused a Methane gas accumulation, and consequently the deadly explosion. The local government’s intentional failure to enforce laws primarily caters to economic incentives—it would be a vital loss to the local economy if the involved mining company’s production is halted or reduced due to a supposed legal punishment. http://​news.​sohu.​com/​20101213/​n278276569.​shtml.
 
16
Zou and Guanzhong (2010).
 
17
The chemical 1,2–dichloroethane is dubbed by the poisonous glue. From September 28 2011 to February 20, 2012, a total number of 38 migrant workers from 38 enterprises,36 of which are small-sized private workshops, in Guangzhou City were diagnosed with the acute 1,2–dichloroethane poisoning, due to being exposed to the chemical in occupational places. Subsequently, 21 employers were convicted of illegally storing dangerous goods and 15 employers were convicted deliberately destroying workers' health files. http://​news.​dayoo.​com/​guangzhou/​201207/​15/​73437_​24999712.​htm.
 
18
Wang et al. (2005).
 
19
Chaojie and Zhang (2011).
 
20
Wang et al. (2005).
 
21
Chaojie and Zhang (2011).
 
22
Marshall (2012).
 
23
Linton (1936).
 
24
Zhou (2011).
 
25
Li (2000).
 
26
Wei (2006).
 
27
The Reform and Opening Up is a program of economic reforms called "Socialism with Chinese characteristics" in the People's Republic of China (PRC) that were started in December 1978. See Wikipedia: http://​en.​wikipedia.​org/​wiki/​Chinese_​economic_​reform.
 
28
Chen and Xin (2009)
 
29
Attaran (2005).
 
30
Chen and Xin (2009).
 
Literatur
Zurück zum Zitat Andrade, Vibiana and C.S. Wheeler. (1988) New immigration law imposes employment restrictions. Clearinghouse Review 21. Andrade, Vibiana and C.S. Wheeler. (1988) New immigration law imposes employment restrictions. Clearinghouse Review 21.
Zurück zum Zitat Attaran, Amir. 2005. An immeasurable crisis? A criticism of the millennium development goals and why they cannot be measured. PLoS Med 2(10): e318.PubMedCrossRef Attaran, Amir. 2005. An immeasurable crisis? A criticism of the millennium development goals and why they cannot be measured. PLoS Med 2(10): e318.PubMedCrossRef
Zurück zum Zitat Cha, Jingmin, Nie Miao, Fan Yunlin. 2011. The status Quo of occupational safety and health in China. Occupation and Health 7. Cha, Jingmin, Nie Miao, Fan Yunlin. 2011. The status Quo of occupational safety and health in China. Occupation and Health 7.
Zurück zum Zitat Cai Yan-hong. 2009. Grim occupational safety and health situation in China in which migrant workers have been hurt the most. Legal Daily, 2009-04-03. Cai Yan-hong. 2009. Grim occupational safety and health situation in China in which migrant workers have been hurt the most. Legal Daily, 2009-04-03.
Zurück zum Zitat Chaojie, Liu and Hongying Zhang. 2011. Research on coal mine accidents and the absence of basic-level trade union supervision in China. Employee Relations Law Journal. Chaojie, Liu and Hongying Zhang. 2011. Research on coal mine accidents and the absence of basic-level trade union supervision in China. Employee Relations Law Journal.
Zurück zum Zitat Chen, Lei, and Fu Xin. 2009. The 7 days in the case of Tseng Hei-tao. South Weekly, 2009-08-10. Chen, Lei, and Fu Xin. 2009. The 7 days in the case of Tseng Hei-tao. South Weekly, 2009-08-10.
Zurück zum Zitat Colleen M. Flood, Lance, Gable, and Lawrence O. Gostin. 2005. Introduction legislating and litigating health care rights around the world. The Journal of Law, Medicine & Ethnics. (Symposium). Colleen M. Flood, Lance, Gable, and Lawrence O. Gostin. 2005. Introduction legislating and litigating health care rights around the world. The Journal of Law, Medicine & Ethnics. (Symposium).
Zurück zum Zitat Cuili. 2009. Three major difficulites in work-related injuries identification for migrant workers. China Youth Daily, 2009-08-06. Cuili. 2009. Three major difficulites in work-related injuries identification for migrant workers. China Youth Daily, 2009-08-06.
Zurück zum Zitat Feng, Shuying. 2011. Several problems in employment relationship confirmation. Shandong Justice 3. Feng, Shuying. 2011. Several problems in employment relationship confirmation. Shandong Justice 3.
Zurück zum Zitat Ralph, Linton. 1936. The study of man. New York: D. Appleton-Century. Ralph, Linton. 1936. The study of man. New York: D. Appleton-Century.
Zurück zum Zitat Marshall, William P. 2012. National health and American constitutional culture. Harvard Journal of Law & Public Policy. 1. Marshall, William P. 2012. National health and American constitutional culture. Harvard Journal of Law & Public Policy. 1.
Zurück zum Zitat Tang, Hong. 2007. Popularization of legal knowledge of occupational diseases prevention and control and migrant workers’ rights protection. Academic Forum 5. Tang, Hong. 2007. Popularization of legal knowledge of occupational diseases prevention and control and migrant workers’ rights protection. Academic Forum 5.
Zurück zum Zitat Wang, Li, Mei Juan, and Chun Gang. 2005. Who set up traps for migrant workers? A survey on migrant workers’ occupations. Enviromental Economy. 12. Wang, Li, Mei Juan, and Chun Gang. 2005. Who set up traps for migrant workers? A survey on migrant workers’ occupations. Enviromental Economy. 12.
Zurück zum Zitat Wei, Chen. 2006. The study of new generation migrant workers’ identity identification: examples in Xuzhou city. Economy and Social Development. 12. Wei, Chen. 2006. The study of new generation migrant workers’ identity identification: examples in Xuzhou city. Economy and Social Development. 12.
Zurück zum Zitat Zhu, Li. 2000. Quasi-citizenship’s role in the public. Academic Journal of Nanjing University. Zhu, Li. 2000. Quasi-citizenship’s role in the public. Academic Journal of Nanjing University.
Zurück zum Zitat Zhou, Yong. 2011. Social consequences of migrant workers’ identity conundrum. Financial Issues Research. 1. Zhou, Yong. 2011. Social consequences of migrant workers’ identity conundrum. Financial Issues Research. 1.
Zurück zum Zitat Zou, Xiuying, and Zuo Guanzhong. 2010. Review on migrant workers’ right protection. Agriculture 3 Zou, Xiuying, and Zuo Guanzhong. 2010. Review on migrant workers’ right protection. Agriculture 3
Metadaten
Titel
Conundrums in the legal protection of migrant workers’ health rights and relative resolutions: implications from the case of Tseng Hei-tao
verfasst von
Kai Liu
Publikationsdatum
01.08.2013
Verlag
Springer Netherlands
Erschienen in
Medicine, Health Care and Philosophy / Ausgabe 3/2013
Print ISSN: 1386-7423
Elektronische ISSN: 1572-8633
DOI
https://doi.org/10.1007/s11019-012-9445-1

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