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《联合国残疾人权利公约》(公约)是进入21世纪后,联合国通过的第一个人权公约。它对世界范围内的残障社群权利保障和各国涉残法律领域改革产生了广泛影响。本文主要研究《公约》核心原则之一的不歧视原则,采用文本分析为主的方法,追踪其法律起源、探寻该原则的形成过程及具有的含义等内容;结合残障不歧视领域的学术研究成果,初步分析这一原则的贡献和不足,及其在中国语境下可能对我国残障不歧视立法和政策发展产生的挑战,尝试提出一些建议。
The United Nations Convention on the Rights of Persons with Disabilities (Convention) is the first human rights convention adopted by the United Nations since its entry into the 21st century. It has had a wide-ranging impact on the protection of the rights of disabled people in the world and the reform of law-based areas in all countries. This paper mainly studies the principle of non-discrimination which is one of the core principles of the Convention, adopts the method of text analysis as the main method, tracing its legal origin, exploring the forming process of the principle and its meanings. Combining with the academic research results in the field of disability non-discrimination , Initially analyzed the contribution and insufficiency of this principle and its possible challenge to the legislation and policy development of disability non-discrimination in our country and tried to make some suggestions.