Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive educatio...Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspective of inclusive education,the educational assistance system for persons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China's legal system for inclusive education assistance for persons with disabilities needs improvement,and faces several obstacles,including conceptual“limited capacity”,“monotonous”subjects,“crowding-out”obstacles and supervision“absence”obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual reinforcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabilities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social development,and ultimately contribute to achieving common prosperity.展开更多
Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting informatio...Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.展开更多
The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discriminati...The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.展开更多
In January 2017, the State Council of the People’s Republic of China revised and adopted the Regulations on Education for Persons with Disabilities The revision, which adapts to the new situation brought by the educ...In January 2017, the State Council of the People’s Republic of China revised and adopted the Regulations on Education for Persons with Disabilities The revision, which adapts to the new situation brought by the education reform and development in China, highlights the basic and key role of education for persons with disabilities in helping them to integrate into the society and participate in social life It updates the concept of education for persons with disabilities and improves various systems which ensure the right of persons with disabilities to education The revision and implementation of the Regulations is important for the promotion of education for persons with disabilities, the improvement of the entire education law system and the innovation of concepts of educational development.展开更多
The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Educati...The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.展开更多
Although China has formed a legal system for the protection of the rights and interests of persons with disabilities and a sports legal system,it cannot be concluded that the legal protection system of sports rights o...Although China has formed a legal system for the protection of the rights and interests of persons with disabilities and a sports legal system,it cannot be concluded that the legal protection system of sports rights of persons with disabilities has been established.The basis of the legal protection of sports rights of persons with disabilities in China originates from a“bundle of basic rights”defined by the Constitution.The legal protection is characterized by diversified standards and norms,high levels of effectiveness and various contents of legislation.Compared with the right to rehabilitation,the right to employment,and the right to education,the legal protection of sports rights of persons with disabilities still faces the problems of unclear distribution of administrative supply responsibility and lack of corresponding judicial relief in the protection model of public-private partnership.To better realize the rights and interests of persons with disabilities and ensure the goal of“equality,participation,and sharing,”it is necessary to promote the equalization and diversification of legal protection for sports rights of persons with disabilities,so as to realize equal rights,all-round development,and social integration.For the purpose of improving the legal protection of sports rights of persons with disabilities,the principle of subsidiarity should be introduced into the protection model of public-private partnership,and administrative public interest litigation should be taken as a new channel to protect rights,to realize the coordinated development of mass sports,competitive sports,and the sports industry of persons with disabilities.展开更多
In December 2003, Mr. Deng Pufang, President of the China Disabled Persons' Federation, was awarded the 2003 United Nations Prize in the field of Human Rights in recognition of his 'outstanding contributions t...In December 2003, Mr. Deng Pufang, President of the China Disabled Persons' Federation, was awarded the 2003 United Nations Prize in the field of Human Rights in recognition of his 'outstanding contributions to the promotion and protection of human rights and fundamental freedom.' The following is an interview with Mr. Deng on the development of the cause of disabled persons in China.展开更多
The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of ...The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.展开更多
The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are...The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?展开更多
People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the Peo...People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.展开更多
The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabili...The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.展开更多
The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for th...The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China’s national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.展开更多
On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the righ...On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the rights of persons with disabilities and the latest effort by the international community to protect and promote the human fights of persons with disabilities. The Convention clarifies the rights of per- sons with disabilities to participate in political, economic, social, cultural and civil life and stresses that all signatory parties have the obligation and duties to ensure that persons with disabilities really enioy the same human rights,展开更多
Background:This study conducted a longitudinal analysis of the association between job satisfaction and stress or depressive symptoms of employed persons with disabilities(PWDs)based on the data from the 1st to 8th Pa...Background:This study conducted a longitudinal analysis of the association between job satisfaction and stress or depressive symptoms of employed persons with disabilities(PWDs)based on the data from the 1st to 8th Pannel Survey of Employment for the Disabled(PSED).Methods:After excluding missing values,data on 1614 participants at baseline(1st wave)were analyzed using the chi-square test and generalized estimating equation(GEE)model for data from 1st to 8thPSED.Results:It was found that for each one-unit increase in the job satisfaction score,the stress scale decreased by 0.004(B:−0.004,95%CI:−0.006–−0.002,p-value:<0.0001).Compared to the very high job satisfaction group,the low job satisfaction group was more likely to experience perceived stress(odds ratio[OR]:2.127,p-value:0.001)and experience depressive symptoms(OR:3.557,p-value<0.0001).Furthermore,in terms of the overall satisfaction with their current job among the PWDs,compared to the‘satisfied’group,the‘unsatisfied’group had higher perceived stress(OR:1.593,p-value<0.0001)and depressive symptoms(OR:2.688,p-value<0.0001).Conclusions:There was a close association between job satisfaction and stress or depressive symptoms among employed PWDS.This study’s findings may serve as foundational research to support improving mental health in this population.In addition,it is anticipated that these findings can be used as evidence to improve the work environment for PWDs within the context of Korean corporate culture.展开更多
Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that...Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties -- Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan - are also considered. The Committee's feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.展开更多
Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductiv...Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.展开更多
Purpose:This study aimed to develop quality indicators for the care of older adults with disabilities in long-term care facilities(LTCFs)based on Maslow’s hierarchy of needs.Methods:The draft of the quality indicator...Purpose:This study aimed to develop quality indicators for the care of older adults with disabilities in long-term care facilities(LTCFs)based on Maslow’s hierarchy of needs.Methods:The draft of the quality indicators was drawn up based on a literature review and research group discussion.The quality indicators were finalized by two rounds of expert consultation(involving 15 experts)using the Delphi method.The Analytic Hierarchy Process was applied to calculate the indicators’weight.Results:The response rates of the two rounds of consultation were 100%and 93%,and the expert authority coefficients were 0.86 and 0.87.After two rounds of consultation,the expert opinion coordination coefficients of the first-,second-and third-level indicators were 0.42,0.25,and 0.96,respectively(P<0.05),and the variation coefficient was0.25.The final quality indicators for the care of older adults with disabilities in LTCFs included 7 first-level,19 second-level,and 107 third-level indicators.Conclusion:The quality indicators for the care of older adults with disabilities in LTCFs are reliable,scientific,comprehensive,and practical and specify the content of person-centered care needs.This can provide a reference for evaluating and improving care quality in LTCFs.展开更多
In the human rights discourse of China, the terminology used for canfei(handicapped) was changed to canji(persons with disabilities) and then canzhang(physically challenged), which has literally manifested the unfoldi...In the human rights discourse of China, the terminology used for canfei(handicapped) was changed to canji(persons with disabilities) and then canzhang(physically challenged), which has literally manifested the unfolding of the new philosophy for the physically challenged. In particular, the achievements of the China physically-challenged programs in the new era shows that at both institutional and mindset dimensions, it has stepped beyond the definition of canji and entered into the higher level featured by the term canzhang. As for the future practical strategies of the national physically-challenged programs, it is important to hold on the ideas of socialist humanism, and to explore the constitutional model and human rights model for physically-challenged rights protection. This is also the major clue to conclude the achievements of the two "30 years" physically-challenged programs since the establishment of the PRC. Countries worldwide, particularly developing countries, can draw experience from this China model of developing the programs and strategies of human rights-based governance. The Chinese experience and theories also can be shared by community with a shared future for human beings.展开更多
Both reasonable accommodation and accessibility are crucial concepts in the UN Convent ion on the Rights of Persons with Disabilities Those two concepts promote each other and should develop as a whole State parties...Both reasonable accommodation and accessibility are crucial concepts in the UN Convent ion on the Rights of Persons with Disabilities Those two concepts promote each other and should develop as a whole State parties of the Convention undertake immediate obligations to ensure the provision of reasonable accommodation, which has advantages such as characteristics of subjective rights, individualization, justiciability and convenience, making it a flexible tool for the protection of rights It can serve as a supplement to insufficient accessibility and play a unique role in other areas which are irrelevant to accessibility, so as to satisfy the special needs of certain subjects to the largest extent The State Party has an ex ante and progressive obligations to the realization of the accessibility construction, which has advantages of comman design, large scale, economization and no need for individualization consideration In China, various forms of reasonable accommodation have been applied in employment, but they have disadvantages of contingency, randomness, simplicity and lack of systematic support In the process of further promoting the employment of people with disabilities in China, in addition to strengthening accessibility construction, we must fully understand and flexibly adopt reasonable accommodation.展开更多
The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based...The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.展开更多
基金Phased result of“Research on the Legal Mechanism for Realizing Active Employment in the Social Assistance Law”,a general project of the National Social Science Fund of China(21BFX127)。
文摘Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspective of inclusive education,the educational assistance system for persons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China's legal system for inclusive education assistance for persons with disabilities needs improvement,and faces several obstacles,including conceptual“limited capacity”,“monotonous”subjects,“crowding-out”obstacles and supervision“absence”obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual reinforcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabilities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social development,and ultimately contribute to achieving common prosperity.
文摘Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.
基金periodical achievement of "Research on Marching and Optimization of Supply and Demand of Public Services for Persons with Disabilities"(Project No.:2017ZDIXM116)as a key project of philosophy and social sciences for Institutes of Higher Learnings in Jiangsu Provincethe financial support of"Disability and Development Research Base"(Project No.:2017ZSJD011)as a project of off-campus research base for Institutes of Higher Leamings in Jiangsu Province and Six Major Talents Peak Projects of Jiangsu Province(Project No.:2016JY-043)
文摘The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.
文摘In January 2017, the State Council of the People’s Republic of China revised and adopted the Regulations on Education for Persons with Disabilities The revision, which adapts to the new situation brought by the education reform and development in China, highlights the basic and key role of education for persons with disabilities in helping them to integrate into the society and participate in social life It updates the concept of education for persons with disabilities and improves various systems which ensure the right of persons with disabilities to education The revision and implementation of the Regulations is important for the promotion of education for persons with disabilities, the improvement of the entire education law system and the innovation of concepts of educational development.
文摘The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.
基金a phased result of the major project“Research on Anti-doping Legal System and Prevention and Control Mechanism”of the National Social Science Fund of China(Grant No.20&ZD337)。
文摘Although China has formed a legal system for the protection of the rights and interests of persons with disabilities and a sports legal system,it cannot be concluded that the legal protection system of sports rights of persons with disabilities has been established.The basis of the legal protection of sports rights of persons with disabilities in China originates from a“bundle of basic rights”defined by the Constitution.The legal protection is characterized by diversified standards and norms,high levels of effectiveness and various contents of legislation.Compared with the right to rehabilitation,the right to employment,and the right to education,the legal protection of sports rights of persons with disabilities still faces the problems of unclear distribution of administrative supply responsibility and lack of corresponding judicial relief in the protection model of public-private partnership.To better realize the rights and interests of persons with disabilities and ensure the goal of“equality,participation,and sharing,”it is necessary to promote the equalization and diversification of legal protection for sports rights of persons with disabilities,so as to realize equal rights,all-round development,and social integration.For the purpose of improving the legal protection of sports rights of persons with disabilities,the principle of subsidiarity should be introduced into the protection model of public-private partnership,and administrative public interest litigation should be taken as a new channel to protect rights,to realize the coordinated development of mass sports,competitive sports,and the sports industry of persons with disabilities.
文摘In December 2003, Mr. Deng Pufang, President of the China Disabled Persons' Federation, was awarded the 2003 United Nations Prize in the field of Human Rights in recognition of his 'outstanding contributions to the promotion and protection of human rights and fundamental freedom.' The following is an interview with Mr. Deng on the development of the cause of disabled persons in China.
基金a research result of the major planning project of Renmin University of China“History of Thoughts on Human Rights in China”(20XNLG02)
文摘The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.
文摘The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?
文摘People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.
文摘The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.
文摘The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China’s national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.
文摘On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the rights of persons with disabilities and the latest effort by the international community to protect and promote the human fights of persons with disabilities. The Convention clarifies the rights of per- sons with disabilities to participate in political, economic, social, cultural and civil life and stresses that all signatory parties have the obligation and duties to ensure that persons with disabilities really enioy the same human rights,
文摘Background:This study conducted a longitudinal analysis of the association between job satisfaction and stress or depressive symptoms of employed persons with disabilities(PWDs)based on the data from the 1st to 8th Pannel Survey of Employment for the Disabled(PSED).Methods:After excluding missing values,data on 1614 participants at baseline(1st wave)were analyzed using the chi-square test and generalized estimating equation(GEE)model for data from 1st to 8thPSED.Results:It was found that for each one-unit increase in the job satisfaction score,the stress scale decreased by 0.004(B:−0.004,95%CI:−0.006–−0.002,p-value:<0.0001).Compared to the very high job satisfaction group,the low job satisfaction group was more likely to experience perceived stress(odds ratio[OR]:2.127,p-value:0.001)and experience depressive symptoms(OR:3.557,p-value<0.0001).Furthermore,in terms of the overall satisfaction with their current job among the PWDs,compared to the‘satisfied’group,the‘unsatisfied’group had higher perceived stress(OR:1.593,p-value<0.0001)and depressive symptoms(OR:2.688,p-value<0.0001).Conclusions:There was a close association between job satisfaction and stress or depressive symptoms among employed PWDS.This study’s findings may serve as foundational research to support improving mental health in this population.In addition,it is anticipated that these findings can be used as evidence to improve the work environment for PWDs within the context of Korean corporate culture.
文摘Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties -- Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan - are also considered. The Committee's feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.
文摘Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.
基金This study was funded by the National Natural Science Foundation of China (Grant No. 72074164)Chinese Academy of Medical Sciences(Grant No. 2020-JKCS-024).
文摘Purpose:This study aimed to develop quality indicators for the care of older adults with disabilities in long-term care facilities(LTCFs)based on Maslow’s hierarchy of needs.Methods:The draft of the quality indicators was drawn up based on a literature review and research group discussion.The quality indicators were finalized by two rounds of expert consultation(involving 15 experts)using the Delphi method.The Analytic Hierarchy Process was applied to calculate the indicators’weight.Results:The response rates of the two rounds of consultation were 100%and 93%,and the expert authority coefficients were 0.86 and 0.87.After two rounds of consultation,the expert opinion coordination coefficients of the first-,second-and third-level indicators were 0.42,0.25,and 0.96,respectively(P<0.05),and the variation coefficient was0.25.The final quality indicators for the care of older adults with disabilities in LTCFs included 7 first-level,19 second-level,and 107 third-level indicators.Conclusion:The quality indicators for the care of older adults with disabilities in LTCFs are reliable,scientific,comprehensive,and practical and specify the content of person-centered care needs.This can provide a reference for evaluating and improving care quality in LTCFs.
基金the phased research achievement of the project of “Latest western Theories and practice of Human Rights Law and China’s Innovation in Human Rights Law”(project number:15JJd820023)of the Humanities and Social Sciences Key Research base(National Human Rights Education and Training base)under the Ministry of Educationministerial project “Research on the Institutions for the Equal Judicial Justice for the physically Challenged”(project No.CLS(2016)d04)of the China Law Society
文摘In the human rights discourse of China, the terminology used for canfei(handicapped) was changed to canji(persons with disabilities) and then canzhang(physically challenged), which has literally manifested the unfolding of the new philosophy for the physically challenged. In particular, the achievements of the China physically-challenged programs in the new era shows that at both institutional and mindset dimensions, it has stepped beyond the definition of canji and entered into the higher level featured by the term canzhang. As for the future practical strategies of the national physically-challenged programs, it is important to hold on the ideas of socialist humanism, and to explore the constitutional model and human rights model for physically-challenged rights protection. This is also the major clue to conclude the achievements of the two "30 years" physically-challenged programs since the establishment of the PRC. Countries worldwide, particularly developing countries, can draw experience from this China model of developing the programs and strategies of human rights-based governance. The Chinese experience and theories also can be shared by community with a shared future for human beings.
文摘Both reasonable accommodation and accessibility are crucial concepts in the UN Convent ion on the Rights of Persons with Disabilities Those two concepts promote each other and should develop as a whole State parties of the Convention undertake immediate obligations to ensure the provision of reasonable accommodation, which has advantages such as characteristics of subjective rights, individualization, justiciability and convenience, making it a flexible tool for the protection of rights It can serve as a supplement to insufficient accessibility and play a unique role in other areas which are irrelevant to accessibility, so as to satisfy the special needs of certain subjects to the largest extent The State Party has an ex ante and progressive obligations to the realization of the accessibility construction, which has advantages of comman design, large scale, economization and no need for individualization consideration In China, various forms of reasonable accommodation have been applied in employment, but they have disadvantages of contingency, randomness, simplicity and lack of systematic support In the process of further promoting the employment of people with disabilities in China, in addition to strengthening accessibility construction, we must fully understand and flexibly adopt reasonable accommodation.
文摘The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.