OCCUPATIONAL HEALTH OF CHINESE MIGRANT WORKERS FROM A LEGAL PERSPECTIVE: STATUS QUO, CONUNDRUMS, AND RESOLUTIONS

In contrast to its usage in the English speaking world, which refers to 'migrant workers' as workers from other, usually less-developed countries, migrant workers in China semantically refers to individuals who are rural residents, previously residing in the countryside and engaging in agriculture who subsequently migrate to urban areas, to engage in manual labor due to higher wages, among other reasons. As a vulnerable group, migrant workers are substantially troubled by occupational diseases, with several significant underlying hallmarks. From a legal perspective, the system is ineffective in protecting and implementing these migrant workers' occupational health rights, including household law, occupational diseases prevention law, public health supervision law and education law. This article argues in favor of legislative change to eliminate discrimination against migrant workers and to safeguard their health rights. There needs to be reasonable resource allocation in public health law and changes in the elements associated with, or directly resulting in, inequalities in admission to higher education for rural residents by also amending education law.