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Published 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

Author: Kai Liu

Published in: Medicine, Health Care and Philosophy | Issue 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 The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions.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.
Footnotes
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).
 
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Metadata
Title
Conundrums in the legal protection of migrant workers’ health rights and relative resolutions: implications from the case of Tseng Hei-tao
Author
Kai Liu
Publication date
01-08-2013
Publisher
Springer Netherlands
Published in
Medicine, Health Care and Philosophy / Issue 3/2013
Print ISSN: 1386-7423
Electronic ISSN: 1572-8633
DOI
https://doi.org/10.1007/s11019-012-9445-1

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