Research On The Protection Of The Right Of Children With Disability To Education In China From The Perspective Of International Human Rights Law

The right to education for children with disabilities has been recognized and reaffirmed by many international legal documents such as human rights treaties.As a state party to many human rights treaties,China has made remarkable achievements in the protection of the right to education for children with disabilities,but it still faces many difficulties and challenges.For example,the legal guarantee system of the right to education for children with disabilities is not satisfactory,the inclusive education for children with disabilities is not guaranteed,and there exits obstacles to the judicial relief of the right to education.The right to education for children with disabilities is not only related to public policy issues such as national finance and social security capacity,but also related to legal issues such as the application of international human rights treaties and the fulfillment of corresponding international legal obligations.In this regard,China needs to timely clarify the domestic application mechanism of international human rights treaties and perfect the performance of its state obligations under numerous human rights treaties,so as to fully protect the right of children with disabilities to education in China.Based on the above understanding,It will study the protection mechanism of the right to education for children with disabilities in China from the perspective of international human rights law.The first chapter is a theoretical overview of the right to education for children with disabilities under international human rights law.It mainly analyzes the theories of the evolution of disability models,children with disabilities,and the connotation and nature of the right to education from the perspective of international human rights law,in order to provide a theoretical foundation for the following sections.The second chapter will further elaborate and analyze the protection of the right to education for children with disabilities under international human rights law.Firstly,It will defines the international human rights legal framework for the right of children with disabilities to education;Secondly,based on these international human rights documents,the international standard of the right to education for children with disabilities under international human rights law is analyzed from the perspective of educational purpose and mode.Finally,it analyzes in detail the multi-layered international human rights legal obligations of the state party in the protection of the right to education for children with disabilities.The third chapter compares and analyzes the application practice of international human rights treaties and the implementation practice of state obligation to protect the right to education for children with disabilities.This chapter has chosen three different types of countries(the United States of America,Japan and India),and mainly analyzes and summarizes the development trends,difficulties,and highlights of the three countries in the application of international human rights treaties and the implementation of corresponding state obligations,so as to find useful practical experiences of countries for strengthening the protection of the right to education for children with disabilities in China.The fourth chapter mainly focuses on the application of international human rights treaties and the implementation of corresponding state obligations in China.Above all,it discusses and analyzes the legal issues such as the application path and effectiveness level of international human rights conventions in China.In the next place,it analyzes the implementation mechanism of obligations regarding relevant international human rights treaties from the legislative,judicial and administrative aspects in China.The fifth chapter is to perfect the performance of China’s state obligation on the right to education for children with disability by combining the problems and the foreign countries practices analyzed above.Firstly,China should clarify the domestic application of international human rights treaties,formulate special laws on education of people with disabilities and improve the existing legal system in terms of legislation.Secondly,it is necessary for China to make up the deficiencies of the existing judicial relief system,try to introduce the theory of interpretative application and explore the establishment of educational public interest litigation system in the judicial aspect;Finally,China should establish an independent national human rights institution,improve the inclusive education system for children with disabilities and create an environment conducive to the development of non-governmental organizations at the administrative level.