对残疾和“残疾人”概念理解的演变

A. Sotska
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引用次数: 0

摘要

文章描述的残疾模式反映了不同历史发展时期社会对残疾人的态度,特别是道德模式(根据它,残疾是一种弥补消极行为所造成的罪恶的方式),医疗模式(残疾导致迫切需要治疗和支持以补偿其负面后果),慈善模式作为一种医疗模式(包括需要补偿人们因残疾而引起的问题),社会(残疾由于其生活的障碍环境而给一个人造成问题)和人权(根据这一模式,残疾不是一种判决,与社会处于同一水平的健康失调者是确保其舒适的主体)。在此背景下,给出了历史上的相似之处,并描述了在社会历史发展的某些时期对残疾人的看法。对1991年以来“残疾人”概念的立法定义进行了分析,并显示出一种积极的趋势,即将残疾人视为平等的社会成员,并使有关术语符合国际做法,特别是《残疾人权利公约》所反映的做法。在乌克兰,残疾医疗模式占主导地位,在批准《公约》之后,我国使用的模式可以说是混合模式,因为关于残疾人的社会和法律保护的国家政策的特点是提供物质支助,并为自我实现、参与社会和其他一些方面创造条件。残疾人研究所的发展经历了从拒绝到全面支持的阶段。与此同时,它与历史时期并不存在根本的相互依存关系,因为上述残疾模式的某些特征仍然可以在国家政策中找到痕迹。因此,“残疾人”的概念在我国境内发展起来。有人指出,2011年引用的定义人性化了,强调国家有责任为残疾人创造平等的条件,并为他们提供社会保护。特别是,根据当时和现在的法律,残疾人被认为是身体功能持续紊乱的人,在与外部环境相互作用时,可能导致其生活活动受到限制,因此,国家有义务为残疾人在与其他公民平等的基础上行使权利创造条件,并确保其得到社会保护。委员会注意到,由于某种生活状况,每个人都可能受伤、患病等,这将导致出现与健康失调有关的经历,从而导致残疾。因此,可能会出现残疾人不得不面对的问题,包括:外部环境的障碍、缺乏购买药品的收入、无法获得某些类型的服务(医疗、康复等)。因此,“残疾”会影响到每一个人。因此,关于残疾人法律和社会保护的国家政策、政策实施的实践和社会对待残疾人的态度应该是民主的、人道的,符合残疾人的利益,并借鉴国际上最好的经验。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EVOLUTION OF UNDERSTANDING OF DISABILITY AND THE CONCEPT OF «PERSON WITH DISABILITY»
The article describes models of disability that reflect society's attitude to people with disabilities in different periods of historical development, in particular moral (according to it, disability is a way to atone for sins caused by negative behavior), medical (disability leads to a vital need for treatment and support to compensate for it negative consequences), charitable as a type of medical (consists in the need to compensate people for the problems caused by disability), social (disability causes problems for a person due to the barrier environment in which he lives) and human rights (disability according to this model is not a sentence, people , who have health disorders at the same level as society are subjects who ensure their comfort). Against this background, historical parallels are given and approaches to the perception of people with disabilities in certain periods of the historical development of society are described. The legislative definitions of the concept of «person with disabilities» since 1991 have been analyzed and a positive trend towards humanizing the perception of such people as equal members of society and bringing the relevant terminology into line with international approaches, in particular reflected in the Convention on the Rights of Persons with Disabilities, has been revealed. In Ukraine, the medical model of disability prevails, after the ratification of the Convention, the model used in our country can rather be called mixed, because the state policy regarding social and legal protection of people with disabilities is characterized by both the aspect of material support and the creation of conditions for self-realization, participation in society and a number of other aspects. The development of the disability institute has gone through stages from rejection to comprehensive support. At the same time, it is not fundamentally interdependent with historical periods, since certain characteristics of the disability models listed above can still be traced in state policies. Accordingly, the concept of "person with a disability" developed on the territory of our country. It was noted that in 2011 the cited definition was humanized with an emphasis on the state's duty to create conditions for the equality of people with disabilities and provide them with social protection. In particular, according to the Law of that time and until now, a person with a disability is considered a person with a persistent disorder of body functions, which, when interacting with the external environment, can lead to the limitation of his life activities, as a result of which the state is obliged to create conditions for the exercise of his rights on an equal basis with other citizens and ensure its social protection. It is noted that as a result of a certain life situation, every person can get an injury, disease, etc., which will cause the emergence of experiences related to health disorders and, accordingly, disability. As a result, problems may arise that people with disabilities have to face, including: barrier of the external environment, lack of income to purchase medicines, unavailability of certain types of services (medical, rehabilitation, etc.). Therefore, "disability" can affect every person. Therefore, the state policy regarding the legal and social protection of people with disabilities, the practice of its implementation and the attitude of society towards such people should be democratic and humane, meet the interests of people with disabilities, taking into account the best international experience.
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