기본권으로서의 장애인의 이동권

Abstract

Humans, who are natural people, are born as transportation vulnerable and end their lives as disabled people. Movement is an individual's unique function for smooth social activities, and society is maintained by different activities for each individual's movement and movement. Therefore, securing and promoting the authority to move is a fundamental problem that acts as a measure of equality and contributes to the integration of society through the guarantee. Article 10 of the Constitution guarantees “the right to pursue dignity, value, and happiness as a human being,” and Article 11 of the Constitution stipulates the right to equality in paragraph 1. Furthermore, Article 34 of the Constitution stipulates the right to live a human life, as well as the state's duty to protect people with physical disabilities, diseases, old age, or other reasons, but it is unclear what rights the disabled can guarantee and what level of benefits the state can demand. The Constitutional Court judged that the right to live a human life as a basic social right cannot, due to its legal nature, demand top priority consideration for various national tasks, and derive specific national obligations such as the introduction of low-floor buses for the disabled. Human dignity is realized by guaranteeing the basic social rights represented by the “right to live a human life” along with individual freedom, but the freedom of movement of the disabled has long been in a position of isolation and disconnection in terms of enjoyment. It is no exaggeration to say that roads and buildings have existed in a state of exclusion that is not easy for the disabled to enter and evict, and that even in the case of public transportation, they have been neglected in insufficient systems and environments to ensure free movement. This led to an active movement for the disabled, and in order to ensure a human life, the disabled devised a form of rights that could not be explained by the existing concept of rights. The right to move of the disabled can be defined as the right of the disabled to move by using transportation, passenger facilities, and roads without discrimination from non-disabled people. The concept of the right to move was embodied along with the concept of access, a basic right for everyone, including the disabled, to use facilities without restrictions in everyday life. The “right to access” is the right to live in an environment that does not interfere with access and use of essential living facilities repeatedly used in daily life, from all public transportation means, including walking, roads, and subways, to information and communication facilities and public buildings. In order to secure access rights, the law stipulates specific methods of guaranteeing rights through ‘convenience facilities’. The term “convenience facilities” here refers to organizations, facilities, and facilities to solve the difficulties faced by people with disabilities and restricted activities when using various facilities and to eliminate or minimize inconvenience to social adaptation. In other words, it refers to a facility that allows the disabled and others to work without recognizing the difference from the non-disabled, and plays a role in reducing social disadvantages as much as possible through the use and cooperation of human, material, and social resources. The most desirable form of welfare means that the disabled and non-disabled live independently in the realm of general freedom of action and assimilate and integrate into the community as members of society, and an essential element of the way to realize this is to create a system to legally guarantee freedom of movement.