Study On The Right To Social Security Of The People With Mental Retardation

In the early stage of human rights movement,people did not pay close attention to the rights of the handicapped persons,include the people with mental retardation in fact.But with the progress of the human rights worldwide,the rights of the handicapped have been taken into account,and the benefit of the people with mental retardation has been considered as their rights not only the welfare.Now the right to social security has become one of the citizen's fundamental rights and it can help other fundamental rights come true.However,because of the specificity of the people with mental retardation,their rights are infringed easier than other persons and the physically disabled persons.So,we need pay more attention to them,legislate for them and their right to social security.Many scholars have studied the people with mental retardation through the medicine,sociology and pedagogy,and they have got plentiful achievement.But there are few attention to them and their right to social security through the jurisprudence,it not only make the study of human rights imperfect,but also is the shortcomings of human rights protection for the people with mental retardation.So,this thesis has two purposes: firstly,through analysing the shortcomings of our current situation,I table some proposales about improving our current law for the right to social security of the people with mental retardation;Secondly,I hope this thesis can make scholars and the public pay more and more attention to them.This thesis is divided into the following four parts:The first part:the concept of the the right to social security of the people with mental retardation.At first,it introduces what is "the people with mental retardation"in the medicine and our jurisprudence; Then it introduces the history of the social security and its concept; Finally,I expound the concept of the the right to social security of the people with mental retardation,and I think it has difference in content, item,subject.The second part:our current situation and shortcomings in the right to social security of the people with mental retardation.It introduces their daily life, education, employment, medical treatment and so on.Then,it summarizes the correlated laws in our country and clarifies the shortcomings in our current law system.The third part:it introduces the international and foreign correlated laws, including the laws about their daily life,anti-discrimination, education,employment, medical treatment and so on.Through these introduction,we can find some advanced experience to learn.The forth part:perfection of our laws about the the right to social security of the people with mental retardation.This part is the most important part in this thesis.It tables some proposales about improving our current law for the right to social security of the people with mental retardation, including legal principles,daily life, education, employment and the relief mechanism.