《联合国残疾人权利公约》浅析
发布时间：2018-11-03 20:36
【摘要】：从成立之初起,联合国就一直关注残疾人的权益。2006年通过的《联合国残疾人权利公约》成为第一个由联合国发起的有关残疾人的国际公约。它对国际社会产生了较大的影响,对各国的残疾人维权工作有着指导意义。本文主要围绕公约的背景、内容、效果和局限展开分析,对公约今后可能面临的挑战进行了探讨,并提出自己的建议。在国际社会无政府状态无本质性改变的情况下,联合国各人权公约的实效并不依赖于公约本身的内容或是签约国的绝对数量,而是各国对公约内容的认同度以及是否愿意采取修改国内法律、制订行动纲领等实质性措施来履约。对此,每个国家都有其内在动力(符合国家利益或国内发展需要等)和外在动力(体系要求或谋求援助等),其中起决定性因素的是内在动力。鉴于《联合国残疾人权利公约》实为软法的现实,无论采取何种方式改良包括监督机制、保留机制在内的整个公约框架,最终促进整个国际社会关爱、保护残疾人的行动必须落实到提升各国政府和社会对残疾人人权问题的认识上。
[Abstract]:Since its inception, the United Nations has been concerned about the rights and interests of persons with disabilities. The United Nations Convention on the Rights of Persons with Disabilities, adopted in 2006, has become the first international convention on persons with disabilities sponsored by the United Nations. It has a great impact on the international community and has a guiding significance for the work of protecting the rights of the disabled in various countries. In this paper, the background, content, effect and limitation of the convention are analyzed, the challenges that the convention may face in the future are discussed, and some suggestions are put forward. In the absence of a fundamental change in the anarchy of the international community, the effectiveness of the United Nations human rights conventions does not depend on the content of the conventions themselves or on the absolute number of signatories, It is the degree of acceptance of the content of the convention and the willingness to adopt substantive measures such as amending domestic laws and formulating a programme of action to implement the Convention. In this regard, each country has its own internal motivation (in line with national interests or domestic development needs, etc.) and external forces (system requirements or requests for assistance, etc.), among which the decisive factor is internal motivation. Bearing in mind the fact that the United Nations Convention on the Rights of Persons with Disabilities is a reality of soft law and that the entire framework of the Convention, including monitoring mechanisms and reservations mechanisms, is improved in any way that ultimately promotes the care of the international community as a whole, Actions to protect persons with disabilities must be implemented to raise awareness among governments and societies about the human rights of persons with disabilities.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D998.2
本文编号：2308969
[Abstract]:Since its inception, the United Nations has been concerned about the rights and interests of persons with disabilities. The United Nations Convention on the Rights of Persons with Disabilities, adopted in 2006, has become the first international convention on persons with disabilities sponsored by the United Nations. It has a great impact on the international community and has a guiding significance for the work of protecting the rights of the disabled in various countries. In this paper, the background, content, effect and limitation of the convention are analyzed, the challenges that the convention may face in the future are discussed, and some suggestions are put forward. In the absence of a fundamental change in the anarchy of the international community, the effectiveness of the United Nations human rights conventions does not depend on the content of the conventions themselves or on the absolute number of signatories, It is the degree of acceptance of the content of the convention and the willingness to adopt substantive measures such as amending domestic laws and formulating a programme of action to implement the Convention. In this regard, each country has its own internal motivation (in line with national interests or domestic development needs, etc.) and external forces (system requirements or requests for assistance, etc.), among which the decisive factor is internal motivation. Bearing in mind the fact that the United Nations Convention on the Rights of Persons with Disabilities is a reality of soft law and that the entire framework of the Convention, including monitoring mechanisms and reservations mechanisms, is improved in any way that ultimately promotes the care of the international community as a whole, Actions to protect persons with disabilities must be implemented to raise awareness among governments and societies about the human rights of persons with disabilities.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D998.2
【参考文献】
相关期刊论文 前3条
1 何志鹏;;从《残疾人权利公约》反思国际人权机制[J];北方法学;2008年05期
2 刘志云;;博弈论中的获益偏好假设与国际立法[J];江西社会科学;2011年05期
3 张爱宁;;国际法对残疾人的保护——兼评联合国《残疾人权利公约》[J];政法论坛;2010年04期
，本文编号：2308969
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2308969.html
