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The Study about the Right to People with Mental Retardation

Author: LianMaoQin
Tutor: GeMingZhen
School: Shandong University
Course: Legal
Keywords: people with mental retardation right to life the right torehabilitation the right to education the right to accessibility
CLC: D921
Type: Master's thesis
Year: 2012
Downloads: 106
Quote: 0
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Abstract


With the increasing strengthening of the basic concept of human rights protection, as a typical of vulnerable group, protect the rights of persons with disabilities, and gradually become the national laws and policy. People with mental retardation are more vulnerable, also requires the protection of the state and society. The provisions of China’s current legislation on the protection of the rights of people with mental retardationrarely, in judicial practice, the lack of operability of the laws and regulations, resulted in the rights that the majority of mental retardation by a low level and they are facing many difficulties in basic living, rehabilitation, education, employment, accessibility environment. Therefore, analysing the legislative status and defects of Chinese protection of the rights of people with mental retardation,learning from other countries and regions, and improving the protection of the rights of people with mental retardation in China, are very important to satisfy people with mental retardation, regardless of positive significance to social development. For this,the paper studies the rights of mental retardation, start with the concepts of the people with mental retardation, details the rights and interests of mental retardation in terms of survival, rehabilitation, education, employment, accessibility environment legislation status and defects, the last part of the article, I make some suggestions about how to improve the legal protection of people with mental retardation, I hope to attract the attention of people and the community to concern about the rights of people with mental retardation.This article include four parts to discuss the rights of mental retardation.Part I:introduce the concept of people with mental retardation. This part of the first section defines the concept of people with mental retardation through medical, psychological, and sociological points, and the jurisprudence on the definition of people with mental retardation. The second section define the content of the rights of mental retardation, respectively, discuss the right to life, the right to rehabilitation, the right to education, employment rights, accessibility rights, etc. Part Ⅱ:our current situation and legislative defects in protection of the rights of people with mental retardation. The first section, introduced the status about the basic livelihood of mental retardation, rehabilitation, education, employment, accessibility environment these five perspectives on the status of their basic survival; and the second section, described the status and defects of their right guaranteed by legislations in our countryPart Ⅲ:the legislative status to protect the rights of people with mental retardation in other countries and regions. By introducing legislative status of mental retardation in terms of basic living, rehabilitation, education, employment, accessibility of construction in other countries and regions, we can absorb laws and regulations for Chinese national conditions, to promote the rights of the security system in China.Part Ⅳ:improve the legal protection of the rights of people with mental retardation. This part put forward many suggestions from different angles about how to improve people with mental retardation of the basic livelihood guarantee, the social welfare policies, principles and strategies of medical and rehabilitation assistance system, education system, employment system, accessibility environment construction and other rights in respect of relief system.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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