Study On The Rights Of Persons With Disabilities

The problem of the rights of persons with disabilities and their protection become more and more important in theory and in practice since 1920s, especially in the 1970s .This problem gradually become a major issue concerned by the scholars of political philosophy, medical ethics, sociology and jurisprudence. It's caused by two reasons. In theory, scholars could understand and reflect the theoretical issues in the nature of human rights, the holder of human rights and the protection of human rights from the perspective of the persons with disabilities. In practice, the research on the rights of persons with disabilities is an important guiding significance for the recognition and protection of the rights of persons with disabilities. Nowadays, there are nearly 600 million persons with disabilities worldwide and 80 million in China. This figure is still increasing with the scientific and technological development, industrialization and the trend of aging. The problem of the rights of persons with disabilities and is protection has the more and more research value in theory and in practice whether in foreign countries or in China. The scholars of sociology, jurisprudence and political science in China is behind deeply comparing to the great achieve made by the scholars of USA and EU about the research on the rights of persons with disabilities. The scholars of the applied legal philosophy focus on the problem about employment, education and social security of the persons with disabilities and don't study the problem from the perspective of human rights. The scholars who study the legal theory, theory of human rights and the rights of social vulnerable group give less attention to the rights of persons with disabilities than to he rights of women, children and the farmer labors. In general, because the scholars don't use the international research results fully, lack of the necessary theoretical background explanation and make the contents singly and similarly, the current research on the rights of persons with disabilities isn't enough in depth and comprehensive.Based on the theoretical deficiencies of research on rights of persons with disabilities and the practical needs of society in China, this thesis argues that the when the Convention on the Rights of Persons with Disabilities is adoption and entry into force in 2008, it is necessary to sort out and analyze the nature, characteristics , rights and obligations of persons with disabilities as well as protection mechanisms and try to summarize and reflect on the related issues in the theory of human rights. At the same time, the thesis criticize and reflect the condition of the protection of the rights of persons with disabilities in our country in such a comprehensive study .The thesis also make recommendations about how to protection the rights of persons with disabilities ,which is not only helpful for our government, society and individual commitment to actively respect and protect the rights of persons with disabilities and take the full realization of the human rights obligations, but also important for the development of human rights and the creation of a good culture of human rights in China.The contents of this thesis are divided into preamble, three main body and conclusion. The main body consists of five sections of composition. The first chapter discussed the nature and features of rights of persons with disabilities. Chapter two reviewed and reflected on the movement about rights of persons with disabilities in detail by analyses of the process of movement so as to help us to further understand the results of the rights of persons with disabilities from the social background and the achievement of the movement. The chapter third had a comprehensive study of the human rights of persons with disabilities as a special holder of human rights and the national obligations based on the Convention on the Rights of Persons with Disabilities. The chapter fourth discussed the domestic and international protection mechanisms about the rights of persons with disabilities. Chapter five comprehensively analyses the protection of the rights of persons with disabilities and give recommendations corresponding to the existing problems.From the specific content of the various parts, the preamble is the introduction of this subject, and pointed out the research on the topic of theoretical and practical significance.The first chapter, which defined the conception of rights of persons with disabilities and discussed the nature and characteristics of the rights of persons with disabilities on, is divided into four parts. The first part established meaning of the rights of the persons with disabilities base on the social model of disability. The rights of persons with disabilities means person with disabilities fully and equally enjoy all human rights and fundamental freedoms without any discrimination on the basis of disability. The second part discussed the rights of persons with disabilities is a special human rights. The third part discussed the rights of persons with disabilities is human rights enjoyed by vulnerable groups. The fourth part discussed the rights of persons with disabilities could be seen as a human rights mode to protect the persons with disabilities better.The second chapter reviewed and reflected the movement for the rights of persons with disabilities form 1920s and its achievements. This chapter is divided into three parts. The first discussed how the countries worldwide inspected the rights of persons with disabilities and recognized the rights in domestic laws. This part also studied the movement for rights of persons with disabilities in USA and analyses the different roles of individuals with disabilities, their families and non-governmental organizations fighting for the rights of persons with disabilities. The second part combed and analyses the movement for the rights of persons with disabilities in United Nations and regional district and its main achievements, such as the Convention on the Rights of Children and Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities. The third part summarized and reflected on the rights movement, revealed the characteristics of the process and human rights issues reflected in theory and practice based on the analysis of the rights movement for persons with disabilitiesThe third chapter discussed the Convention on the Rights of Persons with Disabilities and the human rights of persons with disabilities. This chapter is divided into three parts. The first part discussed the characteristics and principles of the Convention on the Rights of Persons with Disabilities, and revealed the value of Convention on the Rights of Persons with Disabilities for the full participation of persons with disabilities. The second part analyses the economic rights, social rights, cultural rights and civil and political Rights recognized by the Convention on the Rights of Persons with Disabilities. The third part analyses the rights of the children with disabilities and the women with disabilities.Chapter four analyses the international and domestic protection mechanisms of rights of persons with disabilities. This chapter is divided into two parts. The first part inspected and evaluated the domestic protection of rights of persons with disabilities which is the basis for the protection of the rights of persons with disabilities including legislative protection, administrative protection, judicial protection and protection by national human rights institutions. The second part combed, inspected and evaluated the international protection mechanisms of the rights of persons with disabilities. It'about the protection mechanisms of the United Nations system, regional mechanism to protect rights of persons with disabilities, and the protection mechanism created by the Convention on the Rights of Persons with Disabilities.Chapter five discussed the protection of rights of persons with disabilities in China. This chapter is divided into three parts. The first part studied the four protection mechanism of about how to protect the rights of persons with disabilities. They are the legislative protection, administrative protection, judicial protection and social protection .The second part revealed the Chinese problems in protection of the rights of persons with disabilities based on the theory and practice about protection of the rights of persons with disabilities internationally and nationally. The last part concluded that China could protect the rights of persons with disabilities better by further strengthening the following areas: to improve the rights of persons with disabilities and their protection in relevant legislation, to establishment national human rights institutions, to increase administrative protection, to give effective judicial remedies to persons with disabilities and to make the whole society to respect and care for the rights of persons with disabilities in culture and social atmosphere based on respecting the human rights of all persons.In accordance with the needs of the research on the rights of persons with disabilities, the thesis used the semantic thesis analysis, comparative analysis of methods and examples of research methods.