The Regulation on the Education of Persons with Disabilities, which came into effect in 2017, stipulates for the first time disabled children’s right to individualized education, clarifies the subjects who determine ...The Regulation on the Education of Persons with Disabilities, which came into effect in 2017, stipulates for the first time disabled children’s right to individualized education, clarifies the subjects who determine and influence the individualized education that disabled children receive, and determines the procedures for disabled children to receive individualized education. However, compared to the subjects that determine disabled children’s right to individualized education and procedural provisions as stipulated in the U.S. laws such as the Individuals with Disabilities Education Act of 1990, the Regulation on the Education of Persons with Disabilities in China has some problems, including inadequate participation of disabled children and their parents and incomplete relief settlement mechanism. China should further improve the legal provisions relating to disabled children’s right to individualized education, and safeguard the right of participation and the right to relief of disabled children and their parents.展开更多
Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, ...Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.展开更多
基金the phased achievement for the project of the Jilin University’s Fundamental Research Funds "Research on International Human Rights Law:Taking the International Human Rights Political Theory and Practices as Reference"(2011QY024)the phased result of a major project of the Humanities and Science Key Research Base of Ministry of Education"Theoretical and Practical Research on the Establishment of the Government by Law in the Contexts of Rights"
文摘The Regulation on the Education of Persons with Disabilities, which came into effect in 2017, stipulates for the first time disabled children’s right to individualized education, clarifies the subjects who determine and influence the individualized education that disabled children receive, and determines the procedures for disabled children to receive individualized education. However, compared to the subjects that determine disabled children’s right to individualized education and procedural provisions as stipulated in the U.S. laws such as the Individuals with Disabilities Education Act of 1990, the Regulation on the Education of Persons with Disabilities in China has some problems, including inadequate participation of disabled children and their parents and incomplete relief settlement mechanism. China should further improve the legal provisions relating to disabled children’s right to individualized education, and safeguard the right of participation and the right to relief of disabled children and their parents.
文摘Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.
