Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV carriers, suggesting a limited role for civil society actors in the field of law and policy.
employment discrimination, hepatitis b virus, Chinese law, Chinese courts, human rights
Place of Original Publication
Vanderbilt Journal of Transnational Law
44 Vanderbilt Journal of Transnational Law 643 (2011)
Webster, Timothy, "Ambivalence & Activism: Employment Discrimination in China" (2011). Faculty Publications. 105.