論《身心障礙者權益保障法》第52條

On Article 52 of the People with Disabilities Rights Protection Act

根據2023年初臺灣行政院衛福部的統計全臺身心障礙者人數約為120多萬人，而其中神經、肌肉、骨骼之移動相關構造及其功能障礙佔了28%（約33萬人），臺灣身為國際上已開發國家之一員，境內之身心障礙者參與及融入社會是一個重要且持續受到關注的議題，《聯合國身心障礙者權利公約》（CRPD）是一個國際性規範，旨在保障身心障礙者的基本權利，確保他們在各方面都能夠享有平等的機會和融入社會的權利；臺灣政府已在2014年制定實施《身心障礙者權利公約施行法》，並依據2017年5月17日總統華總一義字第10610026001號令，公布《身心障礙者權利公約》，代表開啟權利公約的國內法化，也具體的宣示政府對保障身心障礙者的努力。《身心障礙者權益保障法》則是臺灣制定的國內法律，以落實《聯合國身心障礙者權利公約》的內容。在身心障礙者融入社會的過程中，《聯合國身心障礙者權利公約》的原則被廣泛應用。根據公約的精神，社會應該為身心障礙者提供無障礙的環境，確保他們能夠自主行動、參與教育、就業、文化和娛樂活動。此外，公約還規定國家應該促進社會對身心障礙者的接受與理解，以降低對他們的偏見與歧視。在此保障法中，第52條是一個關鍵性的條文。該條款通常包含了對身心障礙者融入社會之具體保障措施，例如提供無障礙的公共交通工具、建築物和設施，確保身心障礙者在教育和就業方面的平等機會，並加強對身心障礙者的職業培訓和支援。同時，根據這項法律，政府應該積極推動對身心障礙者的宣導，增加社會對他們需求和能力的瞭解。身心障礙者融入社會需要政府、社會機構和民眾的共同努力，以確保身心障礙者能夠充分融入社會生活，享有和其他人一樣的機會及權利。透過《聯合國身心障礙者權利公約》和相應的國內法律，我們可以建立一個更加包容和平等的社會環境，促進身心障礙者的全面發展和自主參與。本文旨在深入探討在促進身心障礙者融入社會的過程中，可能涉及的權益侵害情況，以及現行法規當中有無任何需要改進的部分。此外，本文將關注法律條文和實際情況之間的適用性，以找出更切實可行的方法，以確保法治原則的有效實施。

According to statistics from the Ministry of Health and Welfare of the Executive Yuan of Taiwan in early 2023, the number of people with physical and mental disabilities in Taiwan is approximately more than 1.2 million, of which movement-related structures and dysfunctions of nerves, muscles, and bones account for 28% (approximately 330,000 people). As a member of the developed countries in the world, Taiwan’s participation and integration of people with disabilities into society is an important and continuing issue of concern. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is an international norm that aims to protect The basic rights of people with disabilities to ensure that they can enjoy equal opportunities and the right to integrate into society in all aspects; the Taiwan government has formulated and implemented the“Convention on the Rights of Persons with Disabilities Enforcement Act”in 2014, and in accordance with May 17, 2017 President Hua Zongyizi’s order No. 10610026001 promulgated the Convention on the Rights of Persons with Disabilities, which represents the beginning of the domestic legalization of the Convention on Rights and also concretely declares the government’s efforts to protect people with disabilities. The“Act on the Protection of the Rights and Interests of Persons with Disabilities”is a domestic law enacted by Taiwan to implement the content of the United Nations Convention on the Rights of Persons with Disabilities. In the process of integrating people with disabilities into society, the principles of the United Nations Convention on the Rights of Persons with Disabilities are widely used. According to the spirit of the Convention, society should provide a barrier-free environment for people with physical and mental disabilities to ensure that they can move independently and participate in education, employment, cultural and recreational activities. In addition, the Convention also stipulates that the state should promote social acceptance and understanding of people with disabilities to reduce prejudice and discrimination against them. In this safeguard law, Article 52 is a key provision. This provision usually contains specific safeguards for the integration of people with disabilities into society, such as providing barrier-free public transportation, buildings and facilities, ensuring equal opportunities for people with disabilities in education and employment, and strengthening the protection of people with disabilities. Vocational training and support. At the same time, according to this law, the government should actively promote the promotion of people with disabilities and increase society’s understanding of their needs and abilities. The integration of people with disabilities into society requires the joint efforts of the government, social institutions and the public to ensure that people with disabilities can fully integrate into social life and enjoy the same opportunities and rights as everyone else. Through the United Nations Convention on the Rights of Persons with Disabilities and corresponding domestic laws, we can establish a more inclusive and equal social environment and promote the comprehensive development and independent participation of people with disabilities. The purpose of this article is to delve into the possible infringements on the rights and interests involved in promoting the integration of people with disabilities into society, as well as whether there are any parts that need improvement in the current regulations. In addition, this article will focus on the applicability between legal provisions and actual situations to find more practical methods to ensure the effective implementation of the principle of the rule of law.