残疾人发展权的演进:历程与趋势

Evolution of Development Rights for Persons with Disabilities:Process and Trend

残疾人发展权是残疾人享有的以残疾人个体全面发展为目标,以保障残疾人公平公正地分享发展成果和平等参与社会实践、完成残疾人社会融合为基本内容的发展权利。从演进历程来看,残疾人发展权经历了从应然道德到应然人权、从应然人权到法定人权以及从被动人权到主动人权的过程。通过残疾人发展权的理论回溯与制度梳理可知,完善残疾人发展权保障是世界各国的共同实践目标,残疾人发展权的保障制度体系与保障能力与国家治理体系和治理能力现代化休戚相关,未来残疾人发展权的保障制度体系应继续向保障残疾人主体地位和人格尊严、促进残疾人全面发展的目标继续迈进。

The development rights for persons with disabilities which aims at the all-round development of persons with disabilities, and whose basic content is to ensure that persons with disabilities integrate into society by sharing the fruits of development and participating in social practice fairly and equitably, is a sort of development rights enjoyed by the group of persons with disabilities. From the perspective of its evolution process, the development right for persons with disabilities has experienced the evolution process from morality to human rights, from human rights to legal rights and from passive rights to active rights. Through the theoretical retrospection and institutional review of the rights to development of the disabilities, it can be seen that promoting the protection of the rights to development of the disabilities is the common practice of all countries in the world, and the protection system of the rights to development of the disabilities with the trend of integration is closely related to the modernization of a country’s governance system and capacity. In the future, the protection system of the rights to development of persons with disabilities should continue to move toward the goal of social integration and all-round development of persons with disabilities.