A Research On Protection Of Rights Of The Disabled In China

Since1948the UN General Assembly adopted the "Declaration of human rights",international community has continually make great efforts and formulated a series ofspecial and universal international documents related to the protection of the rights ofthe disabled. The disabled as a member of humanity, their rights are also recognizedand protected to some extent."The convention on the rights of persons withdisabilities" in2006means the rights of the disabled got common recognition. Sincethen, the rights of the disabled is generally regarded as a human rights in theinternational society. Therefore, in this paper, in the view of the international humanrights law, studies the protection of the rights of the disabled in china.This paper consists of four parts.The first part is the summary of the rights of persons with disabilities. First of all,discusses the concept of persons with disabilities, including concept of disability andpersons with disabilities. Correct definition of concept of disability requiresunderstanding the causes of disability and understanding of disability, so, this partanalysis of disability occurred3theory and understanding of the two kinds ofdisability, namely "price theory","labeling theory","rejection theory" and " individualcognition of disability" and "social understanding of disability", finally, on the basisof summarizing various concepts of disability and persons with disabilities, define"disability"," persons with disabilities " and the concept of "the rights of persons withdisabilities. Then, a simple discusses the properties of the rights of persons withdisabilities, namely the universality and particularity of the rights of persons withdisabilities.The second part is the international protection of the rights of persons withdisability. This part consists of two parts. Among them the first part is internationaldocuments of protection of the rights of persons with disability, which include specialand universality files and their supervision mechanism. The second part, puts forwarda series of rights set by international documents, which is necessary for persons withdisability, it contains six basic rights, namely, equal rights, the right to life and personal safety, the right to health, education, work and social security.The third part is protection of disability rights in China and its existing problems.First of all, summarizes the present situation of the protection of disability rights inChina in legal protection, policy protection and judicial relief and social protection;secondly, based on this, sums up the main problems existing in the protection of therights of persons with disabilities, in China.The fourth part is the suggestions of perfecting the protection of disability rightsin China. This part summarizes the above related to the protection of the rights ofpersons with disabilities at international and domestic related theory and the law, putsforward some advices for legislative protection and judicial relief.