Comparative Sociological Study on the Concept of "Reasonable Accommodation" in Anti-Discrimination

本研究旨在考察英国《残疾歧视法》和《联合国残疾人权利公约》等国家和国际法律制度中引入的合理通融概念。首先，本研究以《联合国残疾人权利公约》为中心，概述了该公约的起草和制定过程。还阐明了第5条(平等和非歧视)、第24条(教育)和第27条(工作和就业)这一概念在第5条(平等和非歧视)、第24条(教育)和第27条(工作和就业)中的意义和效力。最后，西班牙、法国、意大利、韩国等国家相继出台了关于残疾人的反歧视立法。本研究通过对这些行为的收集和分析，阐明了该法案在国际趋势下的未来。在本研究的报告中，强调了一些问题，以期重组残疾人法律，引入关于残疾的反歧视立法。

This research aims to examine the concept of "reasonable accommodation", which has been introducing in the national and international legal system such as the Disability Discrimination Act in the UK and the UN Convention on the Rights of People with Disabilities.Firstly, focusing on the UN Convention on the Rights of people with disabilities, this study gave an overview of the concept the drafting and elaborating process of the Convention. It also clarified the significances and effectiveness on the concept in the articles, Article 5(Equality and non-discrimination), Article 24(Education) and Article 27(Work and employment).Secondly, the concept of reasonable accommodation derived from the Americans with Disability Act 1990, and gradually spread out the disability laws in the several countries. Therefore the concept reflects the achievements and limitations of the policies on disability in a certain country.Finally, Anti-discrimination legislation on disability has been introduced in Spain, France, Italy and Korea etc. Collecting and analyzing these Acts, this study clarified the futures of the act in the context of international trends.In the report of this study, issues have been emphasized in order to reorganize the disability laws and introduce anti-discrimination legislation on disability.