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Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第11期  
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The protection of the rights and interests of minors with disabilities is clearly stipulated in the Constitution and Civil Code, emphasizing the protection of the legitimate rights and interests of this special group.

Disabled children and adolescents have the right to education

Discussed the right to education for children and adolescents with disabilities. According to the Constitution and the Regulations on Education for Persons with Disabilities, all eligible children and adolescents, including persons with disabilities, have the right to receive compulsory education. The Law on the Protection of Persons with Disabilities further clarifies that ordinary schools must admit disabled children and adolescents who can adapt to learning and life, and shall not refuse admission due to disabilities. If disabled children and adolescents are unable to adapt to regular schools, they can receive education in special education institutions. The law guarantees the educational rights of disabled children and adolescents, ensuring that they can receive education equally.

The personal dignity of minors with disabilities shall not be violated

Through the stories of Xiaohua and Xiaoming, the potential infringement of personal dignity that disabled students may face on campus is demonstrated. The timely intervention of the teacher and the realization of the mistake in educating Xiaoming reflect the role of educators in protecting the rights and interests of minors with disabilities. At the same time, laws and regulations such as the Constitution, the Law on the Protection of Persons with Disabilities, and the Regulations on the Education of Persons with Disabilities were cited, emphasizing the protection of the personal dignity of persons with disabilities by law and the punishment measures for violations.

Abusing and abandoning underage disabled persons is a criminal act

Through the case of Xiao Fang, the legal responsibility for the abuse and abandonment of underage disabled persons was explored. Xiao Fang was abandoned by his father due to cerebral palsy and was unable to take care of himself, resulting in his death. According to the Constitution and the Law on the Protection of Persons with Disabilities, parents have the obligation to raise and prohibit the abuse and abandonment of persons with disabilities. Xiao Fang's father's behavior constitutes the crime of abandonment and should bear criminal responsibility. Emphasis was placed on the importance of respecting and safeguarding the rights and interests of minors with disabilities, and a call was made for society, schools, and families to work together to promote equal participation of persons with disabilities in social life.

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