The Guarantee Of Barrier-free Rights Of The Persons With Disabilities In China From The Perspective Of Rawls's Difference Principle

As a vulnerable group in society,the right claims of the persons with disabilities are often neglected and their due rights are not guaranteed.In the current era of increasing calls for human rights protection,the human rights of the persons with disabilities are also gradually taken seriously.The persons with disabilities are the important group in society,the protection of whose rights is the proper meaning of human rights protection.Barrier-free rights,as the most basic and important rights of the persons with disabilities,have not been given due attention in the study of the rights of the persons with disabilities.In order to enable the persons with disabilities to live,receive education and work like non-disabled people,the protection of their barrier-free rights is of great importance,which is the key to integrating disabled people into society and normal life.Limited by the current economic level of our country and people's prejudice and discrimination against the persons with disabilities,the construction of barrier-free facilities for the persons with disabilities in our country is slow,far from meeting the actual needs of the persons with disabilities.Our system is designed on the basis of non-disabled people,so the rights of disabled people are often neglected.But if the social system is still designed according to the standards of non-disabled people,the rights and interests of the persons with disabilities cannot be guaranteed and justice cannot be achieved.At present,people's understanding of justice is limited to the formal justice field of “Equality before the law” and “equal treatment of the same situation”,but little attention is paid to substantive justice.Although people's similarity has been emphasized,differences between people have been neglected,which makes the interests of minority groups and vulnerable groups in society cannot be effectively guaranteed.Everyone has an inviolability based on justice,which cannot be surmounted even in the name of the welfare of the whole society.In order not to harm the interests of non-disabled people,but also to effectively protect the rights of disabled people,we must break the confine of thought and find new theoretical support for the reform of the existing system.The principle of difference in Rawls' s two principles of justice undoubtedly provides us with a new way to guarantee the barrier-free rights for the persons with disabilities,that is,the unequal distribution of society and economy should be in the best interests of the least beneficiaries.This expression,which seems to favor the persons with disabilities,affirms the differences between human beings and attaches importance to social vulnerable groups,which is conducive to the realization of substantial justice.Undoubtedly,the persons with disabilities,as one of the least beneficiaries of society,deserve special attention.The persons with disabilities should also enjoy the dividends brought about by development and enjoy the achievement as beneficiaries.So effective protection of barrier-free rights can make this goal come true.In order to effectively guarantee the barrier-free rights of the persons with disabilities in China,we must,on the premise of the actual national conditions of our country,boldly learn from the beneficial experience of foreign countries in the protection of barrier-free rights of the persons with disabilities,and then integrate the spirit of the Difference Principle,so as to improve the relevant theories,laws and regulations on the protection of barrier-free rights of the persons with disabilities in China.Firstly,this paper defines the relevant concepts of the persons with disabilities and the barrier-free rights of the persons with disabilities,and then puts forward the significance of the barrier-free rights and the existing problems in the construction barrier-free in China.Secondly,it introduces Rawls' Difference Principle.Combining the Difference Principle with the protection of barrier-free rights in China,this paper puts forward the necessity and possibility of applying Difference Principle,explains the value of compensation,reciprocity and fraternity of it,and draws on the useful experience of the United States,Britain,Japan and Australia in the application of Difference Principle in the protection of the barrier-free rights of the persons with disabilities.Finally,the paper proposes that China can integrate the principle of difference on the basis of the existing system guarantee,and fully draw on the useful experience of foreign countries in order to achieve the purpose of truly guaranteeing the barrier-free rights of the persons with disabilities.