残障人士权利与福利制度

Welfare System and Disability Rights

残障人士需求的多样性和差异性决定了残障人士权利既具有人权的普遍性,同时具有作为特殊人类群体权利的特殊性。按照正义原则,对于特殊群体权利的维护,实质平等集中表现为特殊保护原则,即应该赋予特殊群体超过普通群体的权利,使他们在实质上尽可能与普通群体享有同样的权利。福利制度是残障人士实现其法定权利向实有权利转换的必然途径,福利供给的缺乏或不充分很容易导致残障人士陷入贫穷、遭受歧视,甚至被社会隔绝的困境,从而损害残障人士生存权和发展权;良好的福利制度安排却能通过帮助残障人士摆脱生活困境、提高其社会地位、促进其社会参与、维护其尊严和自由,实现残障人士的多种权利。

The diversity and difference of the needs of people with disabilities determine that rights of people with disabilities are not only universal but particular.In accordance with the principle of justice,special groups should be protected as much as possible so that they in essence have the same rights with the common people.The welfare system is the inevitable way through which the disability rights can be realized from legal rights.The lack or inadequacy of welfare provision is likely to trap people with disabilities in difficulties of poverty,discrimination,and even social isolation,resulting in the damage of their rights to survival and development.Conversely,sound welfare system arrangements can actually help people with disabilities get rid of difficult positions,improve their social positions,promote their social participations,defend their dignities and the freedom,and ultimately realize a variety of rights.