残疾学生融合体育教育权法律保障比较研究

Comparative Study on Legal Protection of Inclusive PE Right of Students with Disability

融合体育教育是国际残疾人体育教育发展的主流。维护残疾学生融合体育教育权对其康复身心、健全人格、增强平等参与社会的能力有着重要作用。对残疾学生融合体育教育权的概念及国际法渊源进行阐释,通过对美、英、澳3国残疾学生融合体育教育权法律保障的考察,并与中国残疾学生体育维权法律保障进行比较,借鉴发达国家的有益经验,根据中国国情和实际需要提出完善立法形式、完善残疾人教育法规、加强法规配套建设和建立多元化救济机制等建议,以期建立健全融合体育教育法律保障体系,使残疾学生充分享有公平的体育教育权。

Inclusive physical education is the mainstream of the international development of physical education for students with disabilities. Assertion of inclusive physical education right of students with disabilities plays an important role in rehabil- itation of their health and personality, enhancement of their ability to participate in society equally. The paper is to expound the concept of inclusive physical education right of students with disabilities and the origin of international law, review the le- gal protection of inclusive physical education right of students with disabilities in the United States, Britain, Australia, com- pared with that in China,and put forward suggestions according to China＇s national conditions and actual needs by drawing lessons from the useful experience of developed countries ： improving legislative forms, improving the regulation of education for people with disabilities, strengthening the construction of the supporting laws, and establishing the diversified remedy mechanism ,with a view to establishing and improving the legal guarantee system of inclusive physical education right of students with disabilities, which may make students with disabilities enjoy a fair PE education.