Academic journal article Journal of Politics and Law

On Protection of the Miner's Right to Life and Right to Health

Academic journal article Journal of Politics and Law

On Protection of the Miner's Right to Life and Right to Health

Article excerpt

Abstract

Mine accidents occurred frequently in China. The phenomenon of ignoring the miner's right to life and right to health is widespread. On the basis of analyzing the reasons for the infringement of the miner's right to life and right to health, to the existing problems, the article put forward specific measures to protect the miner's right to life and right to health.

Keywords: right to life, right to health, miners, social insurance, safety awareness

1. Introduction

At present, the lives of miners are deprived ruthlessly in the shocking mine accidents again and again. More miners are suffering from the pneumoconiosis and other occupationally induced diseases. Their right to health is wantonly trampled. The status of frequent infringement of the miner's right to life and right to health has aroused a general concern among the insightful theorists and practitioners. However, for the existing research, most of them only discussed from the production safety perspective. Even if some articles illustrated the protection of the miner's rights, but the rights still involved a variety of rights rather than devoting to the miner's right to life and right to health protection. This shows that the research on the miner's right to life and right to health protection is still lacking. With their blood and tears, thousands and thousands of miners are calling for the establishment of the mechanisms to protect them, particularly the establishment of the system to protect their rights -the right to life and right to health.

2. The Current Status of the Miner's Right to Life and Right to Health Protection

2.1 The Current Status of the Miner's Right to Life Protection

Talking about the current status of the miner's right to life protection in China, the statistics from the State Administration of Work Safety should be the most convincing. From 2001 to 2010, there were 16,791 national non-coal mine accidents in total, and the death was of 21,251 people, which is the annual average of 1,679 in accidents, and 2,125 in people (State Administration of Work safety, 2011). Facts speak louder than words. Although the situation of the coal mine production safety maintains trending stable and improving in overall, the large number of the total casualty accidents and the death in coal mine accidents in recent years are still shocking. This shows that the situation of the production safety remains grim. It is still not optimistic regarding the miner's right to life protection.

2.2 The Current Status of the Miner's Right to Health Protection

The mine accidents will deprive the life of the miners. The occupational diseases will also infringe upon the miner's right to health and even right to life. Taking the top occupational hazards, pneumoconiosis as an example, it is the number one invisible killer to the coal miners. According to the statistics released by the health sector, to the end of 2008, over 700,000 occupational diseases were reported accumulatively. Among them, there is nearly 640,000 pneumoconiosis cases, ranking first in the world. (Lan & He, 2010) Moreover, the incidence rate of pneumoconiosis is far greater than the actual number of cases reported

3. The Reasons for the Infringement of the Miner's Right to Life and Right to Health

The mine accidents happened frequently and the occupational disease cases soared. It's seemingly by chance, but in fact inevitable. That the miner's right to life and right to health are infringed is the inevitable results of many factors stacking in a long-term. The government does not assume the due responsibilities, the employer escapes the liability, the miner's quality is to be improved and the social insurance system is not complete are the important reasons that caused the frequent infringement of the miner's right to life and right to health.

3.1 The Government Does Not Take the Adequate Responsibility

Ensuring the production safety, promoting the economic development and safeguarding the people's right to life, right to health and the property right are the basic responsibilities of the government. …

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