Constitutional Protection of Disabled Students : Take the Sexual Assault Events Happened in Tainan Special School as Example

• Main Authors: Tsung-ChingHuang, 黃宗菁
• Other Authors: Yu-Dien Hsu
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/xkcgvm

碩士 === 國立成功大學 === 法律學系 === 104 === The disabilities as the disadvantaged, the public authority has the obligation to give them special care and assistance in every aspect. As to the children with disabilities, they have the double disadvantaged status. Due to the innate or acquired, physiological or psychological factor, as they exercise their fundamental educational right, they will encounter more obstacles than non-disabled students. As a result, the public authority must give the disabled students more comprehensive guarantee on fundamental educational right through legislation and administration. However, in 2011, a massive sexual assault event of “National Tainan Hearing Impaired School (now The Affiliated Hearing Impaired School of National University of Tainan)” was exposed. These years, sexual assault events between students continuously occur in this closed Special Education school. This event caused an uproar in Taiwan, and made people more concern about the disabled students’ current status in their educational sites. Therefore, this article attempts to make factual and legal analysis about the case, expecting to construct the fundamental educational right; then through the constructed right to view the current status of Taiwanese disabled education, and makes improving suggestions, making the guarantee of disabilities’ fundamental educational right more consummate.