National civil service examination disability discrimination case hearing
when
in to apply for civil service examinations in Anhui Province this year due to the vision failed the qualification is not by rejected, and refused to accept the administrative reconsideration, Anhui blind declared sea Hefei LuYang District Court filed a suit, executive as the grounds of human resources in Anhui Province The Social Security Department to court, the afternoon of June 6, two cases in the Hefei LuYang district court hearing the joinder. The case was referred to as the nationwide recruitment of civil servants Disability Discrimination case. Events playback:
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in June 2011, graduated from Anhui University of Finance declared the sea to know Anhui Shucheng institutions open social recruitment, see the recruitment conditions, he applied for jobs in human resources service center. Because the examination did not provide electronic paper, sufficient to facilitate support measures, declared the sea is not able to participate in the Common Recruitment Examination.
the same thing happened in November 2011, declared the sea apply for the 2012 national civil service examination. The lessons of the last declared sea before the examination, specifically to the Human Resources and Social Security Ministry, Human Resources and Social Security Department in Anhui Province to apply for open government information, to reflect their own situation, asked facilitate examination. But let him almost to tears, the day of the exam, the staff of the Human Resources and Social Security Department in Anhui Province, only to provide him with a few magnifying glass.
the National Human Resources and Social Security Ministry reply, I said, people with disabilities that they meet the the Servant conditions and passed the qualification examination, you can take the exam. “Xuan Hai said, but I passed the qualification examination but can not be successfully take the test.
desperation, declared the sea had withdraws to give up the examination.
filed for administrative reconsideration was dismissed, replied that the blind do not meet the civil service recruiting conditions
December 27, 2011, declared the sea commissioned Jianghuai lawyer affairs by Zheng following can the lawyer filed an administrative reconsideration to the Government of the People’s Court of Anhui Province, and the request to confirm the Social Security Department of Human Resources of Anhui Province is not in accordance with the law to provide examination services illegal.
March 27, 2012, Xuan Hai received a reply. Responded that 11 of the Civil Service Law stipulates that civil servants should have a normal physical condition to perform their duties. In October 2011, the CPC Central Committee Organization Department, Ministry of Human Resources and Social Security, the State Civil Service Bureau issued “central agencies directly under the 2012 annual examination civil service bulletin” also requires candidates who need to have a normal physical condition to perform their duties. Vision conditions on recruitment of staff, civil service recruitment examination (Trial) “the provisions of binocular vision correction shall not be less than 0.8 (standard on the visual acuity 4.9) or significant visual impairment eye disease. And that the Civil Service Law, the provisions of the central agencies directly under the 2012 civil service examination announcements and civil service recruitment examination standards (Trial) “, the applicant as a blind person does not meet the civil service recruiting conditions.
this reply, declared the sea can not accept: the blind Do not deserve a civil servant?
previous experience of failure, but declared the sea still wish I could have the opportunity to do a civil servant. March 10, 2012, declared the sea once again apply for the 2012 recruitment of civil servants in Anhui Province, but he did not pass this qualification review link.
“Although this year is online registration, but different from the past, the eligibility review, more a vision of the fill. I do not know is not because of my reasons I faithfully write their own after a visual acuity of vision failed on the grounds did not pass. “declared the sea, he registered for the online registration link will give stuck.
proceedings: question the civil service examination standards
“This is tantamount to a direct declaration of the blind are not eligible to participate in the civil service examination, I do not know their reasons for exclusion of the blind but this is clearly discrimination against the blind and other disabled. I have to discuss an idea, not just for me, to more residual Friends of Vision sea chose litigation.
April 5, 2012, declared sea commissioned Zheng to bring an administrative lawsuit to Hefei LuYang District Court, asking the court to confirm the 2012 civil service examination in Anhui Province, Human Resources and Social Security Department declared the sea to provide examination services are not compliance with the law, to confirm the Social Security Department of Human Resources of Anhui Province restrictions blind to enroll in the civil service examinations illegal, and ordered by law established to protect people with disabilities to participate in all kinds of eligibility, serving the type of examination of normative documents.declared the sea in the prosecution questioned the civil service employment standards: medical science is based on the provisions of vision 0.8 qualified line? 0.8 The following are visual disability than can be said?
declared the sea in the complaint that, as the organization and implementation of the civil service to recruit units, if you can not make the set an example to provide the necessary conditions for the disabled, do not arrange the recruitment quota for people with disabilities, what is the reason for employment for the disabled in society and enterprises to take social responsibility? “Law on the Protection of Persons with Disabilities” will become a dead letter?
Xuan Hai also said that hiring organizers in the recruitment of civil servants in accordance with the law provided for the visually disabled facilitate difficult to complete the “National examination” of the written exam, he will still be an annual registration a reference to the Civil Service Law and the relevant departments to make the required date.
November 20, 2011 China University of Politics and constitutional study published in the 2011 national civil service recruitment, employment discrimination investigation report pointed out that in practice, the number of people with disabilities in the civil service is very small, on the one hand, may be due to the equal rights of education for the disabled is not achieved the number of people with disabilities participating in the civil service examination qualification rarely the other hand, may exclude people with disabilities in the operation of recruitment practice.
focus of
trial: “Protection of Disabled Persons” whether for the civil service exam
fierce
this afternoon’s court session, the defendant, according to the provisions of the Civil Servant common medical standards “(Trial), the plaintiff declared the sea of ??visual acuity less than 0.8, not meet the conditions of civil servants. provisions to facilitate the examination for the blind in the Law on the Protection of Persons with Disabilities “shall not apply to civil service examinations and the plaintiff declared the sea is the low vision is not blind. defendant think they have no legal obligation to provide convenience for the plaintiff examination.
plaintiff declared the sea, according to the assessment of practical standards for persons with disabilities “, the vision is less than 5 ° should also be identified as the blind and my disability certificate is the vision of a disability. if they can provide for the blind convenient, why not for my convenience?
for the Protection of Disabled Persons Act applies to civil servants exam, the attorney declared sea, Anhui JAC Lawyer Zheng following can think of, “Protection of Disabled Persons Act is the protection of human rights law, of course, applies to civil servants exam, but no doubt about the China Disabled Persons Employment Ordinance also stipulates that the state administrative organs must be in proportion to employment for disabled persons, which is a statutory obligation, how can the Protection of Disabled Persons Act does not apply to civil service examinations? “Civil Service Act only requires that civil servants must have a normal physical condition to perform their duties, and there is no limit to the visually impaired, after all, a lot of posts of civil servants, the physical requirements are not the same.” civil service recruitment examination standards (Trial) “in the vision is one size fits all, there is discrimination against the visually impaired suspects, and in conflict with the legal provisions of the Law on the Protection of Persons with Disabilities”, the medical standards should not be across the board unless the medical standards are not applicable disabled people
the
court did not pronounce.
Background: In January of this year, the anti-discrimination public welfare agencies Beijing Yirenping Center released the survey report on “the executive recruiting situation of persons with disabilities (hereinafter referred to as the” investigation report “) to the survey through the application of public government information system to examine the country’s 22 provincial cities, 4 municipalities, and four of the regional capital of a total of 30 large and medium-sized cities State organs and institutions in proportion to the situation of employment for the disabled. survey found that recruiting people with disabilities in the state organs, the highest proportion was only 0.39%, the lowest was 0.02%, well below the legal provisions of 1.5 percent. report recommends that persons with disabilities established in the administrative organs, public institutions in the proportion of specialized statistics to the community open.
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