Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment

Under the advocacy for diversity and inclusion within Chinese society, the judiciary has become a significant institution for the protection of marginalized groups, especially disabled people. Through proactive power expansion, the Supreme People’s Court has played a crucial role in scrutinizing emp...

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Main Authors: Qian Xue, Bo Chen
Format: Article
Language:English
Published: Cogitatio 2025-01-01
Series:Social Inclusion
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Online Access:https://www.cogitatiopress.com/socialinclusion/article/view/9083
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author Qian Xue
Bo Chen
author_facet Qian Xue
Bo Chen
author_sort Qian Xue
collection DOAJ
description Under the advocacy for diversity and inclusion within Chinese society, the judiciary has become a significant institution for the protection of marginalized groups, especially disabled people. Through proactive power expansion, the Supreme People’s Court has played a crucial role in scrutinizing employment discrimination in the private sector. However, the judiciary has paid less attention to the fact that government agencies failed to consider the value of workplace diversity and maintained ableist standards that preclude many disabled candidates from public sector positions. Due to the intrinsic political embeddedness within Chinese judicial systems, courts tended to adopt a strategy known as “quarantined enforcement” when confronted with discriminatory recruitment clauses issued by government‐tied entities. Social and political factors collaboratively shaped the intersectional marginalization of the disabled community in China. This article attempts to move beyond traditional legislative‐centric approaches and emphasize the judiciary’s role in minimizing the marginalization of disabled people. It argues that eliminating political barriers within the judiciary is crucial for achieving workplace diversity and employment equality.
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spelling doaj-art-bbc14d6bfda3403f9523f91b36498a962025-02-06T10:26:32ZengCogitatioSocial Inclusion2183-28032025-01-0113010.17645/si.90833957Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector EmploymentQian Xue0Bo Chen1KoGuan School of Law, Shanghai Jiao Tong University, Shanghai, China / Faculty of Law & Justice, The University of New South Wales, Sydney, AustraliaSchool of Law, Minjiang University, Fuzhou, ChinaUnder the advocacy for diversity and inclusion within Chinese society, the judiciary has become a significant institution for the protection of marginalized groups, especially disabled people. Through proactive power expansion, the Supreme People’s Court has played a crucial role in scrutinizing employment discrimination in the private sector. However, the judiciary has paid less attention to the fact that government agencies failed to consider the value of workplace diversity and maintained ableist standards that preclude many disabled candidates from public sector positions. Due to the intrinsic political embeddedness within Chinese judicial systems, courts tended to adopt a strategy known as “quarantined enforcement” when confronted with discriminatory recruitment clauses issued by government‐tied entities. Social and political factors collaboratively shaped the intersectional marginalization of the disabled community in China. This article attempts to move beyond traditional legislative‐centric approaches and emphasize the judiciary’s role in minimizing the marginalization of disabled people. It argues that eliminating political barriers within the judiciary is crucial for achieving workplace diversity and employment equality.https://www.cogitatiopress.com/socialinclusion/article/view/9083disability equalitydisability rights in chinaembedded courtintegrated employmentquarantined justicesocial diversity
spellingShingle Qian Xue
Bo Chen
Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
Social Inclusion
disability equality
disability rights in china
embedded court
integrated employment
quarantined justice
social diversity
title Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
title_full Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
title_fullStr Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
title_full_unstemmed Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
title_short Quarantined Justice, Compromised Diversity: Barriers to Disability Inclusion in China’s Public Sector Employment
title_sort quarantined justice compromised diversity barriers to disability inclusion in china s public sector employment
topic disability equality
disability rights in china
embedded court
integrated employment
quarantined justice
social diversity
url https://www.cogitatiopress.com/socialinclusion/article/view/9083
work_keys_str_mv AT qianxue quarantinedjusticecompromiseddiversitybarrierstodisabilityinclusioninchinaspublicsectoremployment
AT bochen quarantinedjusticecompromiseddiversitybarrierstodisabilityinclusioninchinaspublicsectoremployment