试析残疾人的文化权利

On the Issues of Cultural Rights of Disabled People

残疾人作为一个独特群体,其文化权利需要予以关注。残疾人的文化权利包括残疾人创造和传承自身文化的权利、文化产品的收益权与受保护权以及参与公共文化活动、享有文化成果的权利等。残疾人的文化权利享有存在着文化享有范围较狭、内容存在局限、享有的机会较少与质量较低等问题。残疾人的自身因素、硬件因素以及心理因素等制约了残疾人文化权利的享有,亟待通过法律保障、制度保障、人员保障与环境保障等进一步实现对残疾人文化权利之保障。

As a special group, the disabled people’s cultural rights need more attentions. It includes the rights of creating and inheriting their own culture, protection of their cultural products and gaining profits, and participation in public cultural activities as well as enjoying cultural achievements, etc. There are problems for the disabled persons to enjoy their cultural rights such as relatively narrowed range and content, fewer opportunities and lower quality, etc. Many factors restrict the enjoyment of cultural rights such as disabled persons’ personal factors, hardware factors and psychological factors. Measures should be taken to ensure the enjoyment of cultural rights of the disabled people by the guarantees of laws, mechanisms, stuff, and social environment.