新冠肺炎痊癒者受歧視問題之解決【本期企劃】 試閱
Problem-solving of the Discrimination Against COVID-19 Recovered
據報載，許多新冠肺炎痊癒者飽受歧視，使他們感到受傷。本文認為，新冠肺炎痊癒者與其他身心障礙者一樣，所需要的社會福利不只是經濟安全、保護服務、社區與住宿生活支持服務，更是反歧視、社區參與和無障礙環境的提供，以及廣大社會全然的同理心。本文基於以問題解決為導向之法政策學研究理念而提出以下建議：為保障新冠肺炎痊癒者其於憲法上所賦予之平等權益，並消除社會之成見與歧視，宜透過「身心障礙者權益保障法」或「傳染病防治法」之修法，授權主管機關將嚴重傳染病在流行期間之確定染疫患者於其痊癒後之適當期間內，列為「身心障礙者權益保障法」中所定義之「身心障礙」範圍，使其受「身心障礙者權益保障法」體系全盤之福利保障。
According to reports, many people who have recovered from the COVID-19 suffer from discrimination, which has caused them to feel hurt. This article believes that people who have recovered from COVID-19, like other people with disabilities, need social welfare not just economic security, protection services, community and residential life support services, but anti-discrimination, community participation, and the provision of barrier-free environments, and the vast total empathy in society. Based on the problem-solving oriented legal policy research philosophy, this article proposes: In order to protect the equal rights and interests granted by the constitution for people who have recovered from COVID-19 and to eliminate social prejudice and discrimination, it is advisable to pass the amendment of eople with Disabilities Rights Protection ActTNR or ommunicable Disease Control Act?to authorize the competent authority to list certain patients who are affected by the epidemic period of severe infectious diseases as the scope of the isability?defined in the People with Disabilities Rights Protection Act within an appropriate period after recovery for gaining fully protection from the disability rights protection legal system.
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