장애인 인권 보호를 위한 입법적 과제

Legislative Tasks for the Protection of Human Rights of Persons with Disabilities in Korea

초록

Regarding legislative tasks for the protection of human rights of persons with disabilities, it is important to begin with general perspectives on their human rights. In this regard, the UN Convention on the Rights of Persons with Disabilities shows the broadest criteria thereon, its essential core is that any person with disabilities shall be respected as a human being and that all the discriminative laws, systems and customs including positive, and negative, discriminative measures shall be eliminated, whereby all the barriers preventing persons with disabilities living together in the communities can be demolished. To integrate disabled persons into the communities, it is indispensible to provide them with reasonable adjustment or reasonable accommodation so as to enable them to supplement their deficiencies arising from their disabilities. This paper deals with what legislations, especially in which area related to disability policies legislations, are to be made. For proper legislations to be achieved, it is important to set up correct paradigm for disability policies and to draw proper maps to reach the goals set by proper paradigm. In ths regard, this paper suggests that paradigm shift is required from the medical approach, to the social approach, to the concept of disabilities and that protection and advocacy system for the individual rights of persons with disabilities in legal life and assistances both to financial life and everyday life should go hand in hand.

키워드

Human rights of persons with disabilitiesUN Convention on the Rights of Persons with DisabilitiesProtection and Advocacy System for disabled PersonsSpecial Needs TrustsSupported Decision Making SystemGuardianship System장애인 인권유엔 장애인권리협약장애인 권리보호와 옹호제도특별수요신탁의사결정지원제도후견제도
제목
장애인 인권 보호를 위한 입법적 과제
제목 (타언어)
Legislative Tasks for the Protection of Human Rights of Persons with Disabilities in Korea
저자
제철웅
발행일
2015-05
저널명
법학연구
44
페이지
153 ~ 182