ABSTRACT

This chapter argues that alternative enforcement models that enhance the role of the government in delivering its promise of individual rights protection may be a workable compromise between the government's strong desire to manage employment discrimination as a collective social issue on the one hand, and the ability of private citizens to benefit from legalized individual rights protection on the other hand. As China's leadership turns to its brand of 'rule of law' as a new strategy to improve governance and bolster the Party's political legitimacy, a central concern is how to improve the delivery and benefits of rule of law to an increasingly 'rights conscious' populace through stronger enforcement of individual rights protection promised by existing laws. Many challenges faced by China in enforcing employment discrimination laws and policies reflect its internal political constraints on individual rights advocacy, and the failure of the authoritarian state's command-and-control social management strategies to solve contemporary social problems.