Economic Growth:The Fundamental Path to the Realization of Social Security Rights for Migrant Workers

The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.

Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures

This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.

Chinese Trade Unions Strive to Protect Workers' Rights and Interests in Dealing with the Global Financial Crisis

Protecting the rights and interests of workers and staff members constitutes an important aspect of China＇s human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.

Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.

The Protection of the “Third Kind of Workers” in Gig Economy from the Perspective of Social Rights

Due to the new flexible employment mode of the gig economy,many workers in the gig economy cannot be classified according to the traditional dualistic division of labor relations and non-labor relations,and their rights are basically under no protection.As human beings making a living through their labor,the workers in the gig economy should be entitled to basic human rights,among which the most directly related is social rights.The concept and theoretical framework of"independent workers"put forward by American scholars is more conducive to the protection of their social rights.This theory not only has the legal basis of international law,but also conforms to the legislative purpose of striking a balance between the protection of workers and the sustainable development of the gig economy.It is also practical.Based on this theory,China’s national conditions,and the core conventions of the International Labour Organization,we propose a new way to protect"the third kind of workers"in the gig economy.

Zhejiang Keen to Protect Migrant Workers' Rights and Interests

EDITOR＇S NOTE： FoUowing are some of the stories about how migrant workers＇ rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.

Revision of Trade Union Law: For Better Protection of Workers' Rights and Interests

On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:

Symposium Tackles Challenges to Women Workers'Rights

A symposium on how to tackle the challenges to women workers＇ rights was held in Beijing on March 8, the International Women＇s Day.

Safeguarding Farmer Workers' Rights and Interests——An interview with Ye Jingyi, professor of Beijing University Law School

Farmer workers are a new powerful workforce that has sprung up amid China＇s reform and door opening and in the process of the country＇s industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country＇s modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.

Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers 2004 (Excerpt)

During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.

Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005)(Excerpt)

EDITOR＇S NOTE： All China Federation of Trade Unions （ACFTU） has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers （2005）, which consist of 11 parts： preserve the correct orientation of Chinese trade unions as a protector of workers＇ legitimate rights and interests; protect workers＇ right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers＇ labor and economic rights; guarantee workers＇ democratic and political rights; fulfill workers＇ spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers＇ legitimate rights and interests; promote gender equality and protect women workers＇ special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

The Methods of Constructing the Legal Support System for the Returning-home Migrant Workers' Entrepreneurship——Based on the Perspective of Economic Law

Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.

Social Rights and Work on Digital Platforms in Brazil:The Case of“Breque dos Apps”

The movement known as“Breque dos Apps”was a social movement of a striker nature,which took place in Brazil in July 2020.Such movement was organized by workers which provided services to delivery apps(like iFood,Loggi,Uber Eats and Rappi).They demanded better working conditions and social protection measures,since they were out of the protection of the Brazilian legal system.The reason for this lies in the fact that there is a debate about the classification of these workers-the maximum expression of the gig economy-as employees under Brazilian legislation.As a result,and with the exponential growth in the use of these applications due to the Covid-19 pandemic,thousands of workers were left on the fringes of any social protection.This study aims to analyze the aforementioned movement and its demands within the paradigm of social rights,especially the ones regarding collective representation,which are guaranteed by the Brazilian Constitution.In terms of methodology,the content analysis method will be applied,considering that the established objective presupposes the study of theoretical and legal texts that allow the structuring of concepts applicable to the theme.The research technique to be adopted will be the analysis of indirect documentation,that is,literature review,to be carried out through bibliographic and documentary research,focused on literature and legal texts related to the topic.

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.

Research on Criminal Legal Aids for Migrant Workers in China

With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.

On Protection of Worker Rights by Union Organizations through Handling of Letters & Visits

Chinese trade unions have always been keen on devel- oping and protecting worker rights. Today, they have the task of helping build up harmonious labor relations. By working to properly handle letters and visits, union orga- nizations aim at resolving problems workers are most concerned with, problems that are most practical and affect the immediate interests of work- ers. The job is of great significance to the country＇s endeavor to ensure decent labor and social stability.