Skip to main content

Advertisement

SpringerLink
Log in

Conundrums in the legal protection of migrant workers’ health rights and relative resolutions: implications from the case of Tseng Hei-tao

  • Scientific Contribution
  • Published:
Medicine, Health Care and Philosophy Aims and scope Submit manuscript

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 The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions.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.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Log in via an institution

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Similar content being viewed by others

Notes

  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).

References

  • Andrade, Vibiana and C.S. Wheeler. (1988) New immigration law imposes employment restrictions. Clearinghouse Review 21.

  • Attaran, Amir. 2005. An immeasurable crisis? A criticism of the millennium development goals and why they cannot be measured. PLoS Med 2(10): e318.

    Article  PubMed  Google Scholar 

  • Cha, Jingmin, Nie Miao, Fan Yunlin. 2011. The status Quo of occupational safety and health in China. Occupation and Health 7.

  • Cai Yan-hong. 2009. Grim occupational safety and health situation in China in which migrant workers have been hurt the most. Legal Daily, 2009-04-03.

  • Chaojie, Liu and Hongying Zhang. 2011. Research on coal mine accidents and the absence of basic-level trade union supervision in China. Employee Relations Law Journal.

  • Chen, Lei, and Fu Xin. 2009. The 7 days in the case of Tseng Hei-tao. South Weekly, 2009-08-10.

  • Colleen M. Flood, Lance, Gable, and Lawrence O. Gostin. 2005. Introduction legislating and litigating health care rights around the world. The Journal of Law, Medicine & Ethnics. (Symposium).

  • Cuili. 2009. Three major difficulites in work-related injuries identification for migrant workers. China Youth Daily, 2009-08-06.

  • Feng, Shuying. 2011. Several problems in employment relationship confirmation. Shandong Justice 3.

  • Ralph, Linton. 1936. The study of man. New York: D. Appleton-Century.

  • Marshall, William P. 2012. National health and American constitutional culture. Harvard Journal of Law & Public Policy. 1.

  • Tang, Hong. 2007. Popularization of legal knowledge of occupational diseases prevention and control and migrant workers’ rights protection. Academic Forum 5.

  • Wang, Qiang. 2009. Migrant workers’ rights protection by establishment of labor police system. [DB/OL]. Sohu Net: http://news.sohu.com/20090806/n265765013.shtml.2009-08-06.

  • Wang, Li, Mei Juan, and Chun Gang. 2005. Who set up traps for migrant workers? A survey on migrant workers’ occupations. Enviromental Economy. 12.

  • Wei, Chen. 2006. The study of new generation migrant workers’ identity identification: examples in Xuzhou city. Economy and Social Development. 12.

  • Xiong, Hong-yang. 2009. Occupational disease identification conundrums behind the case of Tseng Hei-tao. Xinhua Net: http://news.xinhuanet.com/legal/2009-07/27/content_11780030.htm.2009-07-27.

  • Zhu, Li. 2000. Quasi-citizenship’s role in the public. Academic Journal of Nanjing University.

  • Zhou, Yong. 2011. Social consequences of migrant workers’ identity conundrum. Financial Issues Research. 1.

  • Zou, Xiuying, and Zuo Guanzhong. 2010. Review on migrant workers’ right protection. Agriculture 3

Download references

Author information

Author notes

  1. Kai Liu

    Present address: , Burgmeester Oudlaan 50, J-building, room J8-19, Rotterdam, The Netherlands

Authors and Affiliations

  1. Institute of Health Policy and Management, Erasmus University Rotterdam, P.O. Box 1738, 3000 DR, Rotterdam, The Netherlands

    Kai Liu

Authors
  1. Kai Liu
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to Kai Liu.

Rights and permissions

Reprints and permissions

About this article

Cite this article

Liu, K. Conundrums in the legal protection of migrant workers’ health rights and relative resolutions: implications from the case of Tseng Hei-tao. Med Health Care and Philos 16, 543–553 (2013). https://doi.org/10.1007/s11019-012-9445-1

Download citation

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s11019-012-9445-1

Keywords

Search

Navigation