The inclusion of people with disabilities in the labor market: comparative analysis between Brazilian and Chinese law / A inclusão da pessoa com deficiência no mercado de trabalho: análise comparativa entre as legislações Brasileira e Chinesa

Camilla Martins dos Santos Benevides, Siyu Yue

Abstract


Based on the premise that work is a fundamental right, which is necessary for the realization of human dignity, according to the Universal Declaration of Human Rights, public policies for the inclusion of people with disabilities in the labor market are analyzed, from a comparative counterpoint between Brazil and China.

In Brazil, the socioeconomic insertion of people with disabilities gained strength from the Constitution of the Federative Republic of 1988 (CRFB). The right to work, included in the list of social rights described in article 6 of the CRFB, is essential to confer dignity on human beings, and is relevant for people with disabilities, by providing economic emancipation. The inclusion into the labor market is protected by the Statute for Persons with Disabilities and by Law 8.213/91, which determine, among other rules, the prohibition of discrimination as well as the reservation of quotas for people with disabilities, ranging from 2% to 5% % of the workforce in companies with more than 100 employees.

Despite all the existing legislative apparatus in Brazil, the economic and social inclusion of people with disabilities is still a challenge due to several factors, one of which is the lack of qualifications, resulting from the difficulty of accessing the education.

According to a technical note from the Brazilian Institute of Geography and Statistics of 2018 referring to the 2010 Census, 6.7% of the Brazilian population (about 12.7 million people) had some type of disability. Data from the 2018 Annual List of Social Information (RAIS) point out that there were about 486 thousand people with disabilities in formal jobs that year, corresponding to only 1% of occupations in the formal market.

In China, work, livelihood and education of handicapped citizens is written in the Constitution of people of republic of China (1982). Besides, the right as well as the duty to work is a fundamental right described in article 42 of the constitution, which guarantees disabled people the right of getting material assistance and the right to work with the help state and the society and the right to work (Article 45).  By April 2018, more than 80 laws and 50 administrative regulations had been passed concerning the protection of the rights and interests of persons with disabilities.

From 1988 National Development and Reform Commission has issued successively 7 five-year plans for the development of the cause of disabled, and from 1991 “the Development of the Cause of Disabled” was brought into the Plan for National Economic and Social Development. According to Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC, issued by State Council Information Office, by 2018, the employment figure of people with certified disabilities had reached 9.48 million. According to China Disabled Person’s Federation, by 2017 there were 17.55 million disabled persons with certified disabilities within employment age (male from 16 to 59 years old, female from 16 to 54 years old), meanwhile there were 9,42 million employed disabled people, which means that the employment rate of disabled people was about 54%.

From the data collected in the present study, it appears that China has achieved better results in the inclusion of people with disabilities in the labor market compared to Brazil, however, the huge amount population still leads to a big challenge for China. In the light of the Second National Sampling Survey on Disability conducted in 2006, the total population of people with disabilities reached 82.96 million, or 6.34% of the total Chinese population. From the population projection from China Disabled Person’s Federation, based on Sixth National Population Census of the People's Republic of China and the proportion of disabled persons in the total population in 2006, there were already 85.02 million disabled persons in China in 2010, and less than 9.42 million employed disabled people, the employment rate of disabled people achieved only less than 11%. The data above and public policies implemented in Brazil and in China, showing that the use of quotas (although extremely important for inclusion, minim 1.5% by the Chinese law), by itself, is not sufficient to solve the access and permanence of the disabled person in the labor market.

 


Keywords


Rights, Human, Work, Disability, Employment.



DOI: https://doi.org/10.34117/bjdv7n1-604

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