A Study Of The Rights Of The Disabled

The disabled being a part of human beings in their social survival and development have long been in a disadvantaged situation. The enjoyment and fulfillment of their rights, undoubtedly, are the theoritical issue deserving our attention. Therefore, it is very significant to further study the rights of the disabled, set up a human right concept and speed up the construction of ensurance system of the disabled, narrow the gap between the living condition of the disabled and the social average condition and enable the disabled to equally and sufficiently anticipate social life, enjoy the material acheivement.Systematically, this dissertation demonstates the basic theoritical issues of the rights of the disabled. The key topic is that the rights of the disabled with validity are human rights, the inevitable requirement and full exhibition of social equality, justice, harmony and the necessary means of decendent and dignified life.The dissertation attempts to generalize the nature,characteristic and value of the disabled's rights, summarize the characteristics of the disabled rights at home and abroad in different peroids, puts forward constitutive essentials and right pedigree according to the basic theories of jurisprudence. To be convincing, this dissertation demonstrates the validity of the disabled's rights. To be pointed, the dissertation generalizes the situation and problems of the disabled's rights and right protection in China, gives advice on the improvement and the necessary limitation of the disabled's rights.Disability is an evolving concept which results from the interact between the disabled and various obstacles such as attitudes, circumstances interact each other. The disabled include those who have long been damaged physically and mentally. However, the interact between damages and various kinds of obstacles may prevent the disabled from equally and sufficiently paticipating in social life as others. In short, no matter how to choose or define the concept"disabled"or"disablity", the most important thing is to realize the limits caused by disability is not only related to disability itself, but also to the limits exerted by material or social circumstance. Namely, disability is not the matter of the disabled, but the issue of the obstacles of social system, facilities and attidtudes. The rights of the disabled are the rights enjoyed by the disabled, in content, it indicates all of the disabled equally and fully enjoy all human rights and basic freedom; in characteristic, they suggest the means of a decendent and dignified life enjoyed by the disabled. The rights possesse the subjectival specificality, content expansibility, systematical openness and right equality and so on.Characteristically, the rights of the disabled belongs to human rights, they are basical rights enjoyed by the disabled as human beings. The two aspects of rights of the disabled, namely, whether the general human rights enjoyed by all of citizens including the disabled or the special rights bestowed to the disabled aims at a realiziation of protecting the inherent dignity and possesses the human right attributes; the rights of the disabled possess the citizenship right attributes. The two aspects of the disabled rights--- the right of freedom and society are the rights which should be ensured in the form of constitution, they are, actually, embodied in constution and constitutional law in many countries including our country.We can't study the rights of the disabled without thinking about their value. The value of the disabled's rights means the rights of the disabled in playing their social part could protect and help something deserve expecting, disiring such as justice, equality and harmony.The history of the disabled's rights exhibits the general disciplines and characteristics of the construction and development. Diachronically, this dissertation does a research on the history of rights of the disabled in China through 2000 years from ancient times to modern times and the contemporary era. The disabled's right protection has been improved and intensified step by step from a process of emerging of itself and perishing of itself to that of combining with family raising and social assistance, to a combination of family raising, social assistance and social welfare and social security; to a historical period of a shift from workfare to equality, participation and common share and transition.A generalization about the disabled's right history outlines in the establishment, realization of the disabled's rights and reflection of the history the disabled's rights. Synchronically, the dissertation attempts to reflect the establishment, development and intensification through a comparation and analysis of the globe, areas and country origins.The rights of the disabled contains subject, object and content. The issue of right subject is the key issue in right studies. The right subject of the disabled should be the disabled people includes each of this group, the obligation subject contains country, social organization and individual including the disabled. The object of the rights of the disabled is a category corresponding to the subject of the rights. Its physical manifestations are the necessities of the disabled, rehabilitation devices and so on; its immaterial manifestations are spiritual products such as the barrier-free system, attitude construction and various services such as rehabilitation, education and care. The content of the disabled's rights, namely, is the pedigree of the rights of the disabled. It is either the embodiment of the value of rights or the evidence of a kind of rights compared with another kind of rights. Its content is open, increasingly abundant and perfect. Presently, it contains two items: citizen, political rights (the rights of liberty) and economy, society and culture rights(the rights of society).Validity is a kind of rational instinct deeprooted in huamn nature, the validityof rights is not obvious. Theoretically, this dissertation analyzes the validity of the disabled's rights from two aspects: human dignity is the theoritical premise of the vadility of the rights of the disabled from internal view angle of the disabled themselves. Human dignity is inherent dignity based on human nature. It equally and universally applies to everyone regardless of identity, authority, social position and property and so on. It is the source of human rights, the base and evidence of the disabled right enjoyment; social justice and sustainable development theories indicate the validity of the disabled's rights from external view angle of the survival and developmental circumstance.Firstly, as for social justice theories, the concept of social justcie is the endless pursuit and disire with a long history. Though many interpretations about the concepts of about justice and social justice in history, all of their underlines are to protect individual's basic freedom and right. The enjoyment of the rights of the disabled is just the demand of social justice, the embodiment and result of people's seeking social justice; Secondly, as for sustainable development,which is people-oriented to satisfy people's needs, strengthen the potential development and the right protection of the disabled. This is the demand of people-oriented integrated development, social security, stabilization and the necessary means of upgrading cooperation, increasing social equality, harmony and the realization of sustainable development.Humanism and chinese traditional culture morally support the vadility of the rights of disabled. Firstly, humanism is the moral base of the disabled's right protection and enjoyment. There are two kinds of interpretations about humanism in both broad and narrow sense. Broadly, humanism is a thought and bahavior in which human beings are treated as human beings,human beings are regarded as supreme value, all of people should be cherished and loved. Narrowly, humanism is a thought and behavior in which huaman beings are turned into human beings, the self-realization is regarded as supreme value, the creative potentials are realized. Whether in broad sense or narrow sense, humanism verifies the vadility of the disabled's rights.Secondly, all of the essence of Confucianism, Taosim, legalism, Learning of Hsun-Tzu and cosmopolitism reflect traditional humanist connotation such as loving others, caring others and treating others equally, which indicate the vaidity of the disabled's rights.One of practical values of theory study lies in the construction and assumption of reality system. The current situation, the problem in the protection and solution of the disabled's rights are the main focuses in the final part of this dissertation. This dissertation outlines the business of the disabled, the rights of the disabled and its protection in terms of the regulation, realization and assiatance of the rights of the disabled indicates the problems: the notions of people's are backward, legal rules are not overall enough, legal systems are not sound enough; organizations are not perfect enough; right assistance are not sufficient etc. Finally, the dissertation pointedly offers the measures of concrete availabe means and necessary limits.Firstly, as for the measures of concrete availabe means. It includes the establishment of the human right of the disabled's rights; the perfection of legislative content of the rights of the disabled; the reinforcement of organizational construction; the improvement of current situation of the disabled's right assistance and reinforcement of construction of right organization of the disabled; the improvement of current situation of the disabled rights assistance and reinforcement of propaganda and education of the disabled's rights. Secondly, as for the necessary limits, the dissertation puts forward three questions: 1. human dignity and the subject of self determination: the dissertation indicates not only the inherent dignity of human beings should be respected, but also the subject of self determination should be highlighted in verifying and protecting the disabled's rights. Its necessary limits lie in the fact that the subject of self determination should not be arbitrarily limited by the inherent dignity. Its solution is that the basic right to live of the disabled should rougndly guaranteed by countries and societies to avoid their subject of self determination being unseemly confined by the prohabitation against the damage of their self-dignity. 2. Inclined protection and reverse discrimination. This dissertation indicates that inclined protection aims at enabling the disabled to have equal opportuanities with persons without a disability and enjoy dignified and decendent life instead of taking away and limiting the opportunities and abilities of the persons without a disability to possess resources and wealth. Reverse discrimination against the persons without a disability should be avoided. 3. Equal protection and freedom. The dissertation indicates that freedom is superior to equality, therefore, the protection of the rights of the disabled can not obstruct basic social justice.