A Study On The Right Of Children With Disabilities

Because of today’s society is a realistic society dominated by adults, because children’s physical and mental development is not fully, the lack of self consciousness of rights and power capacity, under the influence of parents’appendage traditional viewpoint, the realization of rights has been threatened by various aspects.As a special group, disabled child is a social vulnerable group, due to their survival chances and living standards; the systemic by inequality for a long time, lead to this population is lower than the ordinary people on the standard of living and right state. Since China signed the convention on the rights of children in China and the convention on the rights of persons with disabilities, more attention was paid to the protection of the rights of disabled children. The research of the problem of disabled children’s right to exist helps to provide theoretical basis for the development of rights of disabled children.Academic research for the right to exist, the rights of disabled, the rights of children is so much, but the rights of the content involved are more widely, research focuses on a specific right to more shallow. This paper aimed to the disabled children’s right to exist the condition of the special subject researches in specific features and content, and through the detailed and comprehensive discussion at home and abroad, using a new perspective, new concept interprets the characteristics and the appearance of disabled children’s right to exist, to try to seek ways and methods to perfect China disabled children’s security system.The first part:the general analysis of disabled children’s right to exist. Based on relevant data integration, scholars used different methods from different angles to have a wide range of research and discussion on disabled children and the definition of the right to live on.In the view of the special status of disadvantaged groups of the disabled children and the different even domestic different provisions of the legal department, no matter from which Angle to define the concept of the disabled children’s right to life can took, we mainly from the perspective of law defined here. This part based on the definition of the disabled children’s right to exist, thelegitimacy and the attributes of the right to thorough analysis, try to make the concept of disabled children’s right to existence is more clear.The second part:the analysis of China’s disabled children living right to protect the status quo. This chapter mainly analyzes the current situation of the development of disabled children living right in China from two aspects and three points of view. First of all, affirm the achievements of our country in the legislation, administrative protection and judicial relief, made on the protection of disabled children’s right to existence; at the same time through the basis of the comparative study on foreign children with disabilities subsistence security system, points out the existing problems in our county in the legislative, administrative and judicial process and the problems to be solved.The third part:the perfect our country disabled child survival safeguard measures. This part mainly focuses on the solution to the problem, so this part is the key point of this article. In this part, the author put forward some suggestions to perfect our country disabled child survival safeguard measures, still use the three angles of the second part of. In legislation, according to the validity of law in accordance with the "constitution", "law on the protection of disabled persons" and other legal order, sequentially provisions for disabled children the right to survival, form the legal security system. In the administrative protection, by increasing the welfare agencies, funds and other ways for disabled children’s right to subsistence and provide material support. In the aspect of judicial remedy, perfect the system of legal aid for disabled children, standardize the judicial procedure of disabled children involved, to provide judicial safeguard to realize the disabled children’s right to existence.