| Wenchuan Earthquake results in the presence of a crowd of the disabled—Disabled Earthquake Victims who are suffering both physically and mentally. Disabled Earthquake Victims encounter many problems in their daily life and their survival of the society. It is for this reason that much attention from government and society should be paid to the victims'living conditions, employment and many other problems. This present dissertation is designed to study particularity in the protection of the Wenchuan Earthquake Disabled Victims' rights and interests.This present dissertation attempts to adopt the methodology of Sociology, Comparative Analysis and Law to analyze and study the problem of the Earthquake Disabled Victims.Literature review on both domestic and foreign scholars'relevant researches is made in the beginning. It is acknowledged that foreign studies on legislature concerning disaster and relief of the disabled are more advanced than that of China. America, Germany, Japan and the United Nations, in particular, have deepen their study on reconstruction and protection of disabled people, which includes the overall planning of reconstruction, housing, dissemination of relief funds, rehabilitation and employment, insurance, financial credit and so on. What's more, lots of laws, regulations and public facilities are taking the disabled into consideration which can be exemplified by the facilitated program name "Dive under Sea" of American Disneyland to provide convenience for the disabled to visit the garden, and more than 20 disabled persons federation, associations and organizations according to the different disabilities in France. However, some areas such as marriage and child bearing of the disabled are less involved. On the other hand, taking the Earthquake Disabled Victims as the subject of study is rare made. With time passing and the development of new relief concept, protection and welfare to the Earthquake Disabled Victim should be clearer and under the supervision of laws and regulations.Chinese government, adhering to the principle of people-orientation and under the guidance of respecting and protecting human rights, put the Earthquake Disabled Victims'livelihood and development in the first place. From China's current condition, the government has planned to finish the reconstruction program of Wenchuan within the following three years. Living standard in Wenchuan is expected to exceed the former condition after the reconstruction of buildings and infrastructures of that area. Meanwhile, much effort is made to enhance the minimum living standard, basic rights of living, retirement, medical welfare, employment, education and social relief systems. More government assistance and resources should also be allocated to the earthquake areas. More free medical care and rehabilitation should be provided, including providing and installing the rehabilitating instrument. It is also necessary to set up relevant school and special training programs for the disabled. The population policy should also give much allowance to the disabled in a sense that rights of professional rehabilitation, further education, employment and child-bearing of the disabled will be secured. The above facts show that government's assistance and relief to the earthquake areas are in great intensity, which have covered and ensured many rights of the Earthquake Disabled Victims'. Nevertheless, many policies on Disabled Earthquake Victims'welfare are too general and not being carried out thoroughly. The insufficiencies lie in the following areas:legislation, education, marriage, employment, retirement, insurance, financial credit and so on. Much research has been conducted on the Disabled Earthquake Victims after the Wenchuan Earthquake. However, surveys on particularity of the Disabled Earthquake Victims'rights and interests protection are rare. The present state of the relief policy and rescue measures will be fully implemented gradually. Relief policies to the Earthquake Disabled Victims will be further studied and enhanced. With the increasing study on the rights and interests of the Earthquake Disabled Victims, research results will also become widely applied in the relief of the Earthquake Disabled Victims.Based on the literature review, the concept of Earthquake Disabled Victims is initially put forward after referring to the definitions of the disabled both home and abroad. This present dissertation states basic study principles of particularity of the Earthquake Disabled Victims'rights and interests, and introduces China's traditional and current concepts on rights relief and protection of the Earthquake Disabled Victims, which includes people-oriented relief guidance, life-respecting values of the whole nation, one-assisting-one reconstruction model and basic policies on the reconstruction being thoroughly carried out under the supervision of the nation. Analysis on the interactive relationship of government, society and market in the Earthquake Disabled Victims relief undertaking is followed, which illustrates that government's relief policy can be thoroughly implemented in the premise of government's clear regulation on responsibility and obligation and comprehensive social relief system. Only under this circumstance can the living standards of the Earthquake Disabled Victims be improved and their ability of living developed with rights being equally owned and gratefulness of the whole society being truly presented both morally and heartedly. Based on the study of Sustainable Livelihoods Development Framework (SLA) initiated by the International Development Agency (DFID), this present dissertation agrees that sustainable livelihood of the Earthquake Disabled Victims can be achieved under the assistance of special education, professional rehabilitation and social relief. Referring to the former relevant studies, this present dissertation makes a survey on the Wenchuan Earthquake Disabled Victims'unique problems and needs in employment, social welfare, physical and psychological rehabilitation, housing and marriage.The main body of this dissertation systematically analyzes the rights of the Earthquake Disabled Victims in the following ten areas:housing, physical and psychological rehabilitation, political rights, education, and rights of child-bearing, freedom of marriage, medical care, economy rights and retirement, which are mostly wanted rights of the victims and are the government's priority. This analysis is made on the basis of many scholars and organizations'data and achievements which include relief policies and measures established by central and local government and relevant data from Sichuan Provincial Union of The Disabled and Sichuan Earthquake and Disaster Reconstruction Office. Based on the analysis, this dissertation explores deficiencies in the current relief system design and the virgin land of laws and regulations in this area. For instance, it is lacking of specific laws to ensure the Earthquake Disabled Victims'rights and interests and survey on the disable in legislation, lacking of clear standards to define the Earthquake Disabled Victims, insufficiency of social welfares, lacking of legal assistance and employment fund of the Earthquake Disabled Victims to increase the scope and strengthen of public and private relief.Apart from the definition of the Earthquake Disabled Victims and the analysis on the rights and interests protection of the Earthquake Disabled Victims, this present dissertation introduces some concept and measures in the area of disaster relief legislation and protection of the disabled in the extra-regional countries. The United States, being frequently attacked by earthquakes, are experienced in reconstruction and disaster relief legislation. The social welfare system and policies to the disabled in the United Sates are comprehensive in the following aspects:government relief, basic life and housing allowance, employment and anti-discrimination, health care, barrier-free and public services, the disabled relief funds and mental health services system, which all together ensures the basic life security and social welfares of the disabled. In the meanwhile, Japan, being exposed to perilous earthquake and tsunami, has made much exploration on precautions of natural calamities, disaster relief, and social welfare legislation. By accumulating experiences in the natural disaster relief, Japan has established a series of emergency relief measures and all-around social welfare system including old-age pension system, systemization of the disabled, government instruction, social participation, barrier-free protection, optional welfare service, special rehabilitation institutions, vocational rehabilitation, job security and public disaster precaution. Besides the United States and Japan, Germany also has rich experience in the mechanism of disaster forecast, disaster rescue and relief, and reconstruction. The relief and protection to the disabled are achieved in an all-around way on the basis of humanity regulations, strict legislation, comprehensive training program and vocational training together with the direct and indirect motivational employment initiatives and many other efforts in the following aspect:national relief, employment protection, the disabled funds, public rehabilitation organization, specific education program, and humanized service. It is stipulated in the United Nations'Conventions of the Rights of People with Disabilities that the following rights of the disabled should be protected:rights of security, rights of equal service and freedom, rights of personality, and basic living rights, rehabilitation, medical care and social welfare, and barrier-free protection. Those specific and detailed provisions ensure the legal constraints on the rights and interests protection of the disabled internationally, help increase the awareness and attention of the public to the disabled, and have a profound and positive impact on the relief and protection of the disabled, which can be adopted by China in the Earthquake Disabled Victims'relief and protection. The above mentioned countries and organizations'disaster relief legislation and relief measures is worthy of China'learning in the relief and protection of the disabled and the Earthquake Disabled Victims.As a conclusion, this present dissertation proposes measures to efficiently improve the ability and comprehensive qualification of the Earthquake Disabled Victims based on the analysis on the particularity of the Earthquake Disabled Victims rights and interests protection and the real recovery and development condition of the earthquake areas. The suggestions can be summarized as follow: strengthen the government's rights relief and protection concept to the Earthquake Disabled Victims, improve the level of relief by strengthening the relevant legislation and policies, enhance the government's ability of public crisis management, improve the self-ability of the Earthquake Disabled Victims, make exploration on the new rights and interests protection mode which combines the private and public relief efforts. This present dissertation initiates a new mode of rights and interests protection of the disabled that harmonious combines the government, non-governmental organizations and commercial organizations'relief forces.In the end, this present dissertation makes clear that the public rights protection and government support to the Earthquake Disabled Victims can be effective based on knowledge of the real development condition of the earthquake areas and the Earthquake Disabled Victims and by adopting advanced disaster relief legislation and protection concepts and measures of the foreign countries, improving the level and concept of disaster relief and establishing comprehensive disaster relief system and legal protections. The dissertation also points out that by combining the public and private relief forces, the social relief system should be established to protect the rights of life and health, basic rights of living and citizen rights of the Earthquake Disabled Victims. Only under this circumstances can the economic development in the earthquake areas be in sound track, the whole society be in order, the Earthquake Disabled Victims'confidence be regained, and their living standard be improved with a mass participation in the society. The real harmony of the whole society can be only achieved by taking the Earthquake Disabled Victims'rights and interests into the consideration of the overall planning of socialism construction. |
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