Guarantee the right to work of women with disabilities in the view of the liberal feminists theory and some implications for Vietnam

Tác giả: ThS. Trần Nguyễn Quang Hạ – ThS. Trần Kiều Nhi

Abstract: Protecting the vulnerable has become a widespread trend around the world in order to contribute to the development of a more compassionate and equal society. People with disabilities in Vietnam nowadays are adequately equipped with policy instruments and legal frameworks to protect their workplace rights (from Politburo Resolutions to legal documents). However, it appears that the legislators have overlooked an object: a disabled woman. When there is no clear distinction between the rights and obligations of men and women with disabilities, this is reflected in legal papers and practices. Women with disabilities face discrimination not just because of their gender, but also because of their handicap status, therefore their work rights are far fewer than those of men with disabilities. The authors will examine the characteristics and implications of feminist legal theory and liberal feminist theory, as well as the process of developing these ideas, based on feminist legal theory and liberal feminist theory. Furthermore, the authors examine the impact of ideas on the global feminist movement, as well as their impact on the formulation and building of laws for female workers with disabilities in Vietnam. Simultaneously, the authors will show that there is no difference in the rules guaranteeing the right to work between female and male workers with disabilities, implying that the number of female workers employed and the regulations protecting them at work are still insufficient. On the basis of some US and UK regulations and case precedents regarding the ‘right to work’ of female employees with disabilities, the authors will make some additional proposals and recommendations to the Vietnamese labor law in order to further protect the working rights of female workers with disabilities.

Link bài viết: https://stdjelm.scienceandtechnology.com.vn/index.php/stdjelm/article/view/1089