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Protection of the Civil Rights and Interests of Persons with Disabilities

Author: HanLei
Tutor: LiXia
School: Shandong University
Course: Legal
Keywords: Disability civil rights civil entities equality
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 189
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Abstract


People with disabilities in human society is one of the vulnerable groups. In the history of mankind, they have been at the margins of society for a long time, suffering from discrimination and exclusion, and their rights and interests need to be protected through legal means. In recent years, with the development of the human rights movement and the in-depth theoretical research, some of the world’s countries have continued to carry out protection of the rights and interests of persons with disabilities in legislation. In this paper, through the analysis of the law, we can give such a definition: the disabled people refers to a group of physical or mental disorder individuals, and the obstacles to their participation in normal social has a substantive impact. From the history of the development of civil law, the main target is to preserve the dignity of human and the promotion of human development. Therefore, "man" is the basic concept of the Civil Code. From the perspective of persons with disabilities as equal entities, the protection of human rights and civil perspective, the article demonstrates the rationality of social equality dominant position for people with disabilities. The second chapter describes the living environment of people with the status quo and building the legal system, through history and the current status quo of the vulnerable groups of persons with disabilities. Chapter 3 makes a preliminary presentation about the development of ADA (the "Americans with Disabilities Act"). ADA has brought more opportunities and hopes for disabled groups in United States, and also changed the basic view of normal people. This paper discusses the inspiration that ADA can provide for the disabled in building our security system. The fourth chapter discusses the existing legal system on the protection of the rights and interests of persons with disabilities in our country, through the existing legal system of China’s protection of the status of persons with disabilities, and analyzes the achievements and the problems that exist. China’s current "Law on the Protection of Disabled Persons" has played a programmatic role in the promotion of the development and protection of rights and interests of persons with disabilities, but the main target is to help persons with disabilities in rehabilitation, education, employment, social welfare, and the other rights of the community, and has not specifically provided provisions for civil rights. Civil rights have more important significance for people with disabilities. Chapter 5 makes proposals for protecting the civil rights of persons with disabilities from the perspective of the Civil Code. This paper tries to analyze the achievements and the problems that exist, which is based on China’s current legal system. This paper put forward views of how to protect the interests of persons with disabilities from the Civil Code, the right personality, property rights, guardianship system, mental illness protection of the rights and interests of patients, marriage and family rights and civil liability aspects, and improve China’s civil law system. Finally, with the development of the international disability movement, some ideas and experience should also be selectively adopted in China’s "Law on the Protection of Disabled Persons". China’s protection of the rights and interests of persons with disabilities legislation has made considerable progress, but the focus of the law about the civil rights of persons with disabilities is quite limited, so we need to implement the basic concepts of civil law and provide real effective protection for the civil rights of people with disabilities.

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