장애인의 권리에 관한 법사회학적 소고

Persons with disabilities should no longer be treated with contempt in their families and societies. Their dignity as human beings must be respected, and they deserve national, social and family care to enjoy human rights like non-disabled persons do. This paper focuses on the rights that need to be emphasized as rights of persons with disabilities, and on the measures that should be taken for persons with disabilities to realistically enjoy those rights. First of all, Korean society must fundamentally change its attitude towards disability. Korean society should break away from its current negative behavior of dismissing disabled persons as inferior to non-disabled people. In addition, issues about disability should not be addressed as individual problem but as social matter. Disabled persons’ quality of life depends upon social environment and national economy as well as on social interactions between members of community. Laws and policies regarding disability must be established based on the fact that all persons – with or without disabilities – are equal members of society. Disabled individuals will freely enjoy their rights as human beings just as their non-disabled counterparts only if concepts of nondiscrimination against disabled individuals and respect for ideas of disabled individuals are reflected in the fundamentals of the society. Welfare policies for disabled persons must aim to care and treat them without invading their privacy, family life and independent living. Disabled individuals deserve to be recognized for their unique character, and must not be forced into institutions, locked in the house, or isolated from any sector of social life, like education, culture or politics. This paper presents five categories of rights of disabled individuals. First, the right to be treated equally; second, right to not be exploited, violated or abused; third, right to health, welfare, and labor; fourth, right to mobility and access; and fifth, right of suffrage, to education and to cultural life. One should not ignore the fact that it is very difficult for persons with disabilities to fully exercise the rights granted by the constitution and freely enjoyed by non-disabled individuals. No one may deprive disabled individuals of their rights or disregard them, and the rights of persons with disabilities must be actively protected by the government and public alike.