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Legal Protection For Disability Rights: Referred To The American Legal System

Posted on:2010-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:R Y CaoFull Text:PDF
GTID:2166360278973772Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Disability issues are of great importance for all governments in the world. How well the disability's interest is protected and their rights are guarded, to some extend, reflect the civilization level of a country or region. Since the principle of 'equality, involvement, sharing' for disability protection was introduced, the focus of legal protection has gradually shifted from disability to the capability of the disabled people.Chapter One firstly indicates passive salvation and help for the disabled are far from enough or being appropriate. What's more important is to establish a sound mechanism that can help them get fully involved into the community development and to share the social development achievements. Secondly, the disabled shall enjoy all human rights granted to all community members. Based on this argument, fundamental rights of the disabled people such as employment, education, civil activity and political involvement have been discussed and analyzed, where the rights equality, anti-discrimination and meeting peculiar needs are stressed. Thirdly, we look back at the history and trace down the evolution of disability protection laws and the attitude shift of the whole society towards the disabled people. Finally, the latest progresses of disability legal protection overseas are analyzed. 'International Convention of Rights of Persons with Disabilities', which has gone into effect since 2008, becomes the first generally accepted pacts for disability rights protection around the globe. This is an important milestone that signifies the major progress of disability rights protection, and which effectively accelerates the similar legislation progresses of many countries worldwide. It provides an international legal standard for disability rights protection.Chapter Two analyzes in detail about the major legislation progresses that have been made in the U.S. American government made the first, of all, law made specifically for protecting disability employment rights, while 'Americans with Disabilities Act' is another major law for civil rights. In the U.S., disability rights protection is comprehensive and from all aspects. It's safe to say the U.S. government pave a broad way for the disabled people with her plenty laws, including (but is not limited) Americans with Disabilities Act, Telecommunications Act, Fair Housing Act, Air Carrier Access Act, Voting Accessibility for the Elderly and Handicapped Act, National Voter Registration Act, Individuals with Disabilities Education Act, Rehabilitation Act, Architectural Barriers Act.In Chapter Three, Chinese domestic situation of disability rights protection has been depicted. China government has persistently attached great importance to legally protecting disability rights. In Chinese constitutional law, civil law, criminal law and procedural law, to protect disability right has been sufficiently regulated. Since the 'The Handicapped Safeguard Act Of The People's Republic of China' was promulgated in 1990, the Chinese central government and municipalities have kept on legislating numerous laws and regulations to strengthen the protecting forces and perfect the protection system. The system is based on the constitutional law, with the 'The Handicapped Safeguard Act' as the core and supported by other plentiful relevant laws. Till now, more than 50 laws have become part of the disability protection legal system, covering the whole social activities of all aspects. The domestic disability protection system is not only comprehensive but also very specific and in great details. Finally we explore what is still needed to further enhance the system.With the experiences of other countries, based on domestic situations, the closing chapter introduces more suggestions and arguments for better protecting our disable country fellows, so as to ensure that they practically enjoy all their equal rights and to provide them a life that is more decent and with more dignity and more social values.
Keywords/Search Tags:Disability Rights, Equal Principle, Anti-Discrimination Principle
PDF Full Text Request
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