摘要
残疾人的人权样态是衡量一个国家实际人权保障水平的标尺,是检验一个政府尊重、保障和实现人权诚意的试金石。中国是《残疾人权利公约》第一批签署国和早期批准国之一。习近平总书记在多个重要场合强调残疾人作为社会大家庭平等成员的地位;强调对残疾人的特别保护;强调全面建成小康社会,残疾人一个也不能少。就推进中国残疾人人权保障事业而言,充分实现残疾人的无障碍权,是保障残疾人能够事实上享有普遍性人权和基本自由的前提;秉持包容性平等理念,切实采取特别措施,实际投入资源,根除不利于残疾人的社会文化,提供“通用设计”的产品、环境、方案和服务,提供“合理便利”,以实现机会均等是关键。
The human rights situation of persons with disabilities is a"yardstick"to measure the actual degree of human rights protection in a state,and a"litmus test"of a government's determination in respecting,safeguarding and realizing human rights.China is one of the first signatories and ratifiers of the Convention on the Rights of Persons with Disabilities.On several important occasions,Xi Jinping,General Secretary of CPC,has emphasized the social status of persons with disabilities as equal members of the community,the special protection measures of persons with disabilities,and the fact that no one with disabilities should be left behind when building a moderately prosperous society in all respects.Disability is not an inherent characteristic of the disabled person;long-term mutual influence between physical and mental impairments and adverse social attitudes and physical environmental barriers,will force the disabled person to transform into a person with disability.Social and environmental barriers are the real obstacle to the enjoyment of human rights by people with disabilities,and the idea that disability is merely a personal tragedy,disguises the fact that it is customs,policies and systems and the subsequent various physical facility barriers that exclude people with disabilities from full participation in social activities.Compared to tangible physical environmental barriers,intangible barriers such as social culture,perceptions,and biased attitudes are more harmful to persons with disabilities.Traditional international human rights law also discriminates implicitly against people with disabilities.The Convention on the Rights of Persons with Disabilities(CRPD),through its legislation,places persons with disabilities within the established international human rights protection system,focusing on the causes and manifestations of violations or denials of these rights,and on the elements and measures to ensure that persons with disabilities can enjoy these rights on a de facto equal basis with others.CRPD establishes"accessibility"as a general principle and sets out in several articles the specific obligations of signatories to achieve it.In terms of advancing the cause of human rights protection for persons with disabilities in China,the full realization of the right to accessibility for persons with disabilities is a prerequisite for guaranteeing their de facto enjoyment of universal human rights and fundamental freedoms.The path to guarantee the rights includes:first,uphold the concept of inclusive equality,address the problems resulting from socio-economic disadvantages,fight against prejudice and violence,reaffirm the social nature of people as members of social groups,and make room for people with different backgrounds.Second,devote special measures and resources to eradicating social cultures that are not conducive to persons with disabilities.Third,provide"universally designed"products,environments,solutions and services that equalize opportunities for persons with disabilities to fully participate and be included in society.Fourth,provide"reasonable accommodation"to achieve equal opportunity,i.e.,provide reasonable accommodation to persons with disabilities in accordance with their specific needs and at a reasonable cost.Fifth,provide different assistive devices and services for different disability groups.
作者
张爱宁
ZHANG Aining(Human Rights Studies Center,China Foreign Affairs University)
出处
《人权法学》
2022年第1期15-34,147,148,共22页
Journal of Human Rights Law
关键词
残疾人
包容性平等
无障碍
通用设计
合理便利
people with disabilities
inclusive equalit
accessibility
universal design
reasonable accommodation
作者简介
张爱宁,女,法学博士,外交学院国际法系教授.外交学院人权研究中心主任。
