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The 2nd Cross-Strait Forum on Human Rights: the Seminar on Rights and Interests Protection of the Disabled was Held Successfully

During June 24th and 25th, 2017, the 2nd Cross-Strait Forum on human rights forum was held by Renmin Law School and Human Rights Research Center of Renmin University of China in Tianjin. The theme of this forum was The Protection of Rights and Interests of the Disabled in Chinese Mainland and Taiwan. The Cross-Strait Forum on Human Rights is one of human rights exchange activities organized by Renmin Law School between Chinese mainland and Taiwan. Almost forty scholars majored in law, sociology, special education and scholars from social organizations for persons with disability attended the forum.


The representatives of Taiwan were from universities including Soochow University, National Taiwan University, National Cheng Kung University, Fu Jen Catholic University, National Chung Hsing University and Chinese Culture University and disabled persons¡¯ organizations including The Alliance for the Mentally Ill, The League for Persons with Disabilities, Rights of Persons with Disability Advocacy Association. The representatives of Chinese mainland were from The Ministry of Education of the People¡¯s Republic of China, China Disabled Persons¡¯ Federation, Party School of the Central Committee of C. P. C, Chinese Academy of Social Sciences, Renmin University of China, Wuhan University, China University of Political Science and Law, Southwest University of Political Science and Law, Sichuan University and Guangzhou University.

Scholars participating in the seminar discussed the legislation, policies and practice of the interests and rights of the disabled in both Chinese mainland and Taiwan and shared their experience. The specific topics of the seminar included the general situation of the protection of the rights and interests of the disabled, the implement of Convention of the Rights of Persons with Disabilities, the rights of education and employment of the persons with disability and the experience on protection of the rights and interests of the disabled.

On June 24th June, the seminar was opened and Professor Han Dayuan, the director of Human Rights Research Center of Renmin University of China, gave a speech. Professor Han Dayuan briefly introduced the preparation for the seminar and thanked for the scholars¡¯ participation. He introduced the research on the rights and interests of the disabled and pointed out that Renmin Law School had always attached importance to the research and teaching of the rights and interests of the disabled.
The main points of the speeches in the seminar were as follows:
1. Keynote Speeches
In the session of keynote speech, three scholars introduced the situation of the protection of rights and interests of the disabled in Chinese mainland and Taiwan.


Wang Jiaqin, the inspector of the Department of Policies and Regulations of the Ministry of Education, introduced the background of the revision and the main content of Regulation on the Education of the Disabled. He concluded the new ideas and new systems in the regulation.


Wang Zhijiang, the section chief of Department of Civil Rights of China Disabled Persons¡¯ Federation, talked about the general situation of protection of rights and interests of the disabled in Chinese mainland.


Xue Chengtai, the professor of National Taiwan University, introduced the development of legislation and policies with particularly emphasis on the expansion of disabled population which directly led by aging problem caused by the population changes in Taiwan. The situation of the rights and interests of the disabled was under the influence of these population changes. It was necessary to pay attention to the aging problem if we wanted to solve the problem of the rights and interests of the disabled.


2. The General Situation of the Rights and Interests of the Disabled Protection
Liu Huawen, the researcher and executive director of Human Research Center of Chinese Academy of Social Sciences, the director assistant of Institute of International Law of Chinese Academy of Social Sciences, thought that China maintained human rights should be combined with development when China participated in drafting Convention on the Rights of Persons with Disabilities. China attached great importance to the implement of Convention on the Rights of Persons with Disabilities and also actively advocated the incorporation of the rights of the disabled into the international development agenda and strived to play a leading role in the implementation of The 2030 Agenda for Sustainable Development of the United Nations.


Chen Youwu, the professor of Guangzhou University Law School, shared the basic experience on the protection of the rights and interests of the disabled in China.


Professor Xue Rongtang, the deputy dean of Chinese Culture University Law School, held that the government should improve the legislation, formulate a system, properly allocate and use all kinds of social resources and provide sustainable and stable assistance to the disabled in all areas of life to ensure their survival with dignity and their self-realization. He also introduced the special protection of rights and interests of the disabled in Taiwan.


Zhang Wanhong, the professor of Wuhan University Law School, discussed the importance of multidisciplinary research from the perspective of research on the rights of the disabled and introduced the current research on disability in China. Disability research is a typical example of multidisciplinary research.


3. The Implement of Convention on the Rights of Persons with Disabilities
Li Lijuan, the director of The Alliance for the Mentally Ill, taking the activities of The Alliance for the Mentally Ill as an example, introduced the situation of civil societies¡¯ activities in Taiwan. Su Nan, the executive director of Rights of Persons with Disability Advocacy Association, introduced the activities and experience of Rights of Persons with Disability Advocacy Association. Professor Li Huizong from National Chung Hsing University took some typical examples to discuss the justiciability of some rights of the disabled and stated that the realization of the rights of the disabled depended on the government and relevant systems.


Ye Chuanxing, the professor of Renmin Law School, analyzed the impetus for the protection of rights and interests of the disabled. The implement of Convention on the Rights of Persons with Disabilities was a chance to promote the protection of rights and interests of the disabled.


Other scholars also referred to the understanding and implement of Convention on the Rights of Persons with Disabilities when talking about the right of education, employment and equality.


4. Rights of the Disabled
1) The Understanding of Disability
Professor Liao Yiming, the dean of National University of Kaohsiung Law School, explained that the concepts of disability and human rights were formulated by the interaction of language, humanity and environment from the perspective of legal rhetoric.


Yuan Gang, associate professor of Law School of China University of Political Science and Law, held that the discriminatory word legislative language used to call the persons with disability would influence the society¡¯s value judge for the disabled, because legislative language was a kind of authoritative language.


2) The Equality Right of the Disabled
Li Cheng, the associate professor of Sichuan University Law School, discussed the legal definition of disability discrimination. The exact legal definition of disability discrimination was the basic premise of the practical protection of the equality right of the disabled.


3) The Education Right of the Disabled
Professor Xu Jiacheng, the former dean of the School of Continuing Eduction of Beijing Union University, gave his opinion about the revision of Regulation on the Education of the Disabled in 2017. He compared revision in 2017 with the original version in 1994.


Xu Yudian, the distinguished professor of department of law of National Cheng Kung University and the president of College of Social Science, said it was harder for the disabled students to study comparing with the sound students, which meant the disabled students needed special way to exercise their right of education. As a result, the government should formulate a special system for them.


Liu Xuebin, the associate professor of Jilin University Law School, discussed the right of individualized education for children with disability.


Qu Xiangfei, the researcher of Institute of International Law of Chinese Academy of Social Sciences, analyzed the use of the concept of reasonable convenience in education in China.


Ding Xiangshun, the professor of Renmin Law School, analyzed and compared the education mode of persons with disability and relevant concepts of disability.


Dr. Sui Yanfei form Liaochen University Law School, explored the education of persons with disabilities in China, in conjunction with the Article 24 of the Convention on the Rights of Persons with Disabilities.


4) The Employment Right of the Disabled
Professor Dong Baocheng, the deputy president of Soochow University, Taiwan, introduced the examination and employment system of vivil service for persons with disabilities, which showed the concern and respect for the persons with disability.


Wu Zhiguang, professor of Fu Jen Catholic University law school, thought the development and dilemma the shelter factory faced showed the practical problems of the protection of the employment rights of the disabled, so he put emphasis on the legislation and practical dilemma of the protective employment of the disabled in Taiwan.


Xu Shuang, the associate professor of Human Rights Research Center of China University of Political Science and Law, took the research on the employment service system for the disabled as an example to call for the attention to the current situation and the system of employment service and proposed some improvement measures.


Dr. Gong Yan from Sichuan University Law School, focused on how to promote the supportive employment in southwest minority area.


5) Judicial Rights and Interests of the Disabled
Ding Peng, the researcher of Wuhan University and Donghu Social Development Research Center, combining with an empirical investigation he did, analyzed the problems of equal judicial protection for the disabled in mainland China.


Guo Rui, the associate professor of Renmin Law School, introduced the current situation and improvement method of the legal aid for the disabled in main land China with a survey.


6) The Sexual Right of the Disabled
Dr. Zhang Qiang from Renmin Law School discussed the sexual right of persons with intellectual disabilities. Sexual right was a kind of universal human rights. The sexual rights of persons with intellectual disabilities should be respected and protected. The existing legislation in China lacked respect and protection for the sexual rights of persons with intellectual disabilities.


7) The Rights of Medical Treatment of the Disabled with Mental Disorder
Li Yaqin, the associate professor of Medical Science and Humanities School of Tianjin Medical University, said that the most important right for persons with mental disorders was the right of to learn the truth when they were receiving the treatment in mental health institutions.


Dr. Hua Guoyu from People,s Public Security University of China Law School, paid attention to the function and power to intervene the administrative coercive medical treatment and the limitation of the intervention.


In the last session of the conference on June 25th£¬Han Dayuan, the dean of Renmin University Law School, and Dong Baocheng, the vice president of Soochow University co-hosted the Roundtable.


In addition to the official conferences, the organizer also arranged visits for scholars from Taiwan to visit a nursing home for the disableda special education center in Heping district, Tianjin.


The Cross-Strait Forum on Human Rights launched by the Renmin University of China Law School has been supported by scholars and experts from both Chinese mainland and Taiwan. In July 2016, the first Cross-Strait Forum on human rights was held successfully in Guiyang. Human rights education was the theme of that forum.


The experts and scholars attending this forum highly affirmed the necessity and importance of human rights exchanges between Chinese mainland and Taiwan. We hope that the Cross-Strait Forum on Human Rights will expand its social influence and promote the exchange of human rights both in Chinese mainland and China.
(Editor: Han Ying)

 
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