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KMID : 1124020100260020223
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Korean Social Security Studies
2010 Volume.26 No. 2 p.223 ~ p.252
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Analyses of International Conventions and National Law Relating to Disabled Children: Based on Analyses on International Convention on the Rights of Persons with Disabilities and the National Law Related to Children with Disabilities
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Lee Dong-Young
Lee Sang-Churl
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Abstract
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This study aimed at obtaining suggestions on the establishment of policies for children with disabilities by accessing and analyzing, in terms of systematic analysis, not only the independent values of International Convention on the Rights of Persons with Disabilities and related national law but also the significance of the relation between the convention and related national law based on the universality and speciality of policies for children with disabilities. To this end, the study analyzed the national law relating to people with disabilities and the national law relating to children both of which are associated with policies for children with disabilities. From each of the two national laws, six systems which are directly related to the convention were selected and analyzed. International Convention on the Rights of Persons with Disabilities was analyzed in terms of its overall context and its relation with other conventions and the national laws based on its 24 provisions in 16 areas related to children with disabilities. The study discussed the domestic approval of International Convention on the Rights of Persons with Disabilities in terms of the establishment of direction explained by the establishment of the standard for the establishment of policies for children with disabilities and proactive approach instead of passive influence and responsive approach on the national law. In addition, the study discussed the advancement of the domestic approval in terms of reflection over the incomplete fulfillment of existing international conventions including International Convention on the Rights of the Child. In conclusion, the application of human rights paradigm (acknowledging subjectivity as an independent personality, accepting an active right), social relationship model (including the concept of social disability), the perspective of realizing best benefits, integrated family approach and integrated vertical?horizontal approach contained in the preamble, general rules and each section of International Convention on the Rights of Persons with Disabilities were set as basic normative values for the establishment of the national law. Moreover, tasks that need to be practiced were presented in consideration of the meaning of each of key areas of rights including the right to exist, the right to development and the right to be protected.
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KEYWORD
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children with disabilities, universality and speciality, International Convention on the Rights of Persons with Disabilities, law relating to people with disabilities, law relating to children, human rights paradigm, active right, social relationship model, principle of realizing best benefits, integrated family approach, integrated vertical?horizontal approach, the right to exist, the right to development, the right to be protected
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