장애인의 탈시설과 그 헌법적 근거 ― 장애인 탈시설의 구체적 경험의 기록을 중심으로 ―

Abstract

‘Disability’ is not inherent in someone's body or mind. Disability is only what we experience in the social environment in which we live. Therefore, a disability is the discomfort each person has which cannot be properly corrected or supplemented. There is nothing special about a person with a disability. People with disabilities do not have to live in residential facilities. People with disabilities can live where they want to live and do what they want to do with the help they need. That is the content of the right to self-determination and life with human dignity guaranteed by our Constitution. The “deinstitutionalization” of the people with disabilities is needed to ensure their human rights. In addition, the environment and programs should be improved so that human rights can be faithfully guaranteed even for the facility residents. Just as entering an institution should be done by his or her own free choice, the facility resident should be able to come out of a facility by his or her free choice. The right to be included in the community is also a basic human right. And the process of providing sufficient information and experience must precede such a choice. In this process, service support for independent living should be reviewed individually for each person. Service hours additionally provided by each local government need to be adjusted upward by preparing finances. It is necessary to provide enough assistance for the conversion of residence. Thus, the people with disabilities should have no difficulty in living their lives according to their choices. A world where people with disabilities can live in peace is also a place where everyone can live in peace. This thesis examines the constitutional basis and policy direction of the deinstitutionalization policy of the people with disabilities based on the personal experience of the author.