장애인권리보장법(안)과 탈시설 정책 입법방안

The deinstitution-residence transforming policy for persons with disabilities is to restore citizenship to people with disabilities and is a prerequisite for independent living in communities. This is an urgent and important constitutional task. The guarantee of deinstitution -independent living is a core content of the Bill of the Disability Rights Act and the legislative purpose itself. In this paper, the contents of the regulations on the support of deinstitution-residential transition are analyzed and the legislative direction and tasks to be complemented have been proposed. The Bills of the Disabilities Rights Act prescribes many welfare measures, which raises the issue of system suitability and weakens the effectiveness of the norm. In order to meet the systematic suitability and to realize its enactment, the Disabilities Rights Act was enacted as a basic law for the rights and welfare of persons with disabilities. In addition, the rights and policies of persons with disabilities provided for in the Basic Law should be enacted as an enforcement law embodying them. This basic law-enforcement system is an effective legislative strategy. On the other hand, in order to satisfy both the constitutional issues and the requirements for independent living guarantee in communities, the deinstitutionindependent living policy for the disabled should be legislated by the rules of special law, not general law. At the same time, it is necessary to abolish residential facilities and to eliminate all laws and policies that hinder deinstitution-independent living. In addition, the anti-discrimination law of persons with disabilities should be amended to define unfair institutional discrimination and to make reasonable changes to welfare services. This increases the possibility that courts can intervene in the formulation and implementation of national deindependence-independent living support plans, which will lead to effective deinstitution policy. In residential facilities, people with disabilities do not live dignified lives, and they lose the most important life identity in human dignity and values. The lives of people with disabilities in residential facilities are harm and abuse by our community.