| In recent years,disability rights protection has become increasingly important in the field of protection of human rights part. The education right of disabled person attract widespread attention and discussion. Currently in the whole world, there is growing emphasis on the right to education of persons with disabilities,and the corresponding international conventions become more perfect. And under the guidance of international convention for persons with disabilities, around the world to protect the right to education, but also there have a relatively large development of the right of disabled person protection. In 2008, our country ratified the " Convention on the Rights of Persons with Disabilities.," Our country is the one of the first batch of countries signing the Convention. In order to protecting the right for education of persons with disabilities, our country which is signatory of the Convention should follow its concept and willing to listen and seriously practice the Convention clear obligations. However, compared to a beautiful ideal, the reality is a bit cruel. In fact, because people do not pay attention to protecting the right to education of persons with disabilities, there have a variety of problems in the specific part. As a whole,it is in low level of development of education for the disabled, and the legal system of special education in our country is not complete. In particular, first, the definition of persons with disabilities is not clear. Our country simply focus on the medical model of persons with disabilities, ignoring social neglect of people with disabilities. Second, the right to education of persons with disabilities exist inequality, reflected in the lack of critical special education legislation, and school children with disabilities lack of strong supervision and the level of education of persons with disabilities in rural areas is lower than the city and people with disabilities accept a lower ratio of higher education. Third, disabilities education resettlement is unreasonable, and regular classes admission standards are not clear. Some difficult placement of adults with disabilities should not be underestimated.The case of Pennsylvania mental retardation of children association occurred in United States in 1971.his case was insufficient Pennsylvania Department Child Left Behind mental associations to assist parents of children less than 13 intelligence, a collective action in the Eastern District Court of Pennsylvania filed. The defendants are the Minister of Education, the Pennsylvania Department of Public Welfare, State Board of Education and 13 school districts within the state. The case has these controversy issues:on the definition of the right to education of persons with disabilities;whether they enjoy equal access to education and education for the disabled is reasonable resettlement and so on. In order to solving these disputes, these article will be through the " Convention on the Rights of Persons with Disabilities " for " mental retardation Pennsylvania Children’s Society case" to analysis. Analyzing from the principle of non- discrimination in Convention on the Rights of Persons with Disabilities, our country as a signatory to the Convention should ensure the persons with disabilities effective enjoyment of all human rights and fundamental freedoms, in order to avoiding discrimination because of disabilities, of course, including the right to education of persons with disabilities. Similarly, the case is applied to the principle of respecting differences of CRPD, that is the signatory should understand and acknowledge which the persons with disabilities is reflecting the diversity of mankind, and is the differences part of the overall. They need our respect, especially the right to receive their education. The case is also applied the principle of equal opportunity in CRPD. In short, it is necessary to include opportunity equal and rights equal, which means to be no difference treating healthy children and disabled children in the present education system. In the other word, the healthy children and children with disabilities are not only equal in entering into the general school, not only in learning opportunities and equal rights, as much as possible and give it legal, but also gave reasonable assistance in their participation in educational activities as much as possible. The " Convention on the Rights of Persons with Disabilities " Perspective on China’s protection of the right to education of persons with disabilities this issue in-depth study and elaboration of theory and practice analyzed in terms of the right to education of persons with disabilities are facing the dilemma is further proposed to Conception draw on relevant provisions of the Convention, as well as the right to education of persons with disabilities in the establishment and improvement of relevant legal system. For example, the Convention for the way educational placement of persons with disabilities has reference to our country, we should promote integrated education in mainstream schools, accessibility for persons with disabilities to facilitate as much as possible, adhere to the concept of lifelong learning, and make sure that inclusive education. At present, China Education Legislation of persons with disabilities has improved, but it is undeniable that there have many problems. So it is necessary to improving the legal thinking about the protection of the right to education of persons with disabilities. First, it is important for strict law enforcement, and improve special education administrative system. Second, we should strengthen legislation operability, and establish a sound legal relief system. Third, Improve specific system of accountability, and a clear responsibility of people to determine accountability and the liability form. Fourth, timely adjustment of rural education policy, and apply more preferential policies for the education of persons with disabilities in rural areas. Fifth, adhere to promote the inclusive education realize and so on. |
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