妇女平等就业权的宪法维度——性别就业歧视普适性评价标准的切入

Women's constitutional right to equal employment dimension——Pervasive gender discrimination in employment into the evaluation criteria

妇女平等就业权是实现男女平等的基础性权利,是妇女人权的重要组成部分,也是实现妇女宪法"人格尊严"的重要机制。中国宪法上的平等是一种形式平等,这种立法模式下妇女平等就业权也是形式平等下的宪法权利。形式平等下的妇女就业平等保护面临着诸多难题和危机,为走出危机,破解妇女就业平等保护的困境,必须确立就业性别歧视的普适性评价标准,并以此为基石,整合妇女就业平等权保护的法律机制。

Women＇s equal fight to employment is the basis for the realization of the right to equality between men and women is the importance of women＇s human rights forms an integral part of the Constitution of the realization of women＇s ＂human dignity＂ of an important mechanism. The Chinese Constitution＇s equality is a form of equality, under such legislation the fight to equal employment of women is also a form of equal rights under the Constitution.Formal equality under the equal protection of women＇s employment are faced with many problems and crises,and out of crisis and break the employment of women to equal protection of the plight of sex discrimination in employment must be established in the evaluation of universal standards, and use it as the coreerstone of the integration of women＇s employment equality legal mechanisms for protection.