| The protection of the right to education of the disabled is a topic that the international community and any modern democracies continue to focus on and work hard for.From the perspective of the international community,the literature on international human rights law provides the basic basis for the protection of the right to education of the disabled,and provides the basis for the protection of the right to education of the people in modern democratic countries.The right to education of the disabled has a variety of rights features.Under the premise of special protection for the right to education for the disabled,it is also necessary to focus on the issue of protection limits,so as to make equality in the protection of citizens’ right to education.The protection of the right to education of the disabled requires that the form of protecting the right to education for the disabled be equal,that is,provide equal opportunity for the disabled and ordinary people to equal access to education,and gradually realize the substantive equality of the right to education for the disabled.The right to education for the disabled has not only made corresponding institutional efforts,but has also made certain protection effectiveness in China.Judging from the efforts made by the legislative protection system for the right to education of the disabled,the main focus is on the teacher protection system,the fund input protection system,and the rights relief protection system,these three protection systems in general constitute the macro institutional framework for the protection of the right to education of the disabled in China.The protection of the right to education for the disabled is also a constant achievement of various systems and has made certain achievements,these achievements are typically reflected in the gradual optimization of the teachers for special education,the special education investment and basic construction with the education of the disabled as the subject has gradually strengthened and the connection system for the special education section with the disabled as the subject has gradually improved.Mainly reflected in two aspects: The first is that the right to education for the disabled is insufficient in the protection of legislation;the second is the problem of regional imbalances in the protection of the right to education for the disabled,which is mainly reflected in the unbalanced areas in which the right to education for the disabled is protected,and the imbalance between urban and rural areas.The protection measures for the legislative protection of the right to education for the disabled in China should include:The legislation of protecting the right to education of the disabled in China should complete the change of legislative style,it should transit from the soft law clause to the coordination and mutual adaptation of soft and hard law provisions,it should be based on the equality of forms to shift to a more focus on substantive equality,It should be shifted from paying more attention to entity legal responsibility to paying more attention to relief procedures.The specific measures to protect the perfection of the right to education for the disabled in China should be: Gradually establish a system of special education laws and regulations with the "Special Education Act" as the core,legislation for protecting the right to education of the disabled should strengthen operability of legal provisions,legislation for protecting the right to education of the disabled must ensure the support of education finance for running of schools by non-governmental sectors,legislation for protecting the right to education of the disabled should increase the qualifications of teachers for special education.At the same time,for the disproportionate distribution of the disabled in areas,towns and villages,the provision of national special education resources should also be adjusted accordingly,so as to make a balanced regional protect of the right to education for the disabled. |
