許育典∕黃宗菁

中文摘要

身心障礙者作為社會上的弱勢族群，國家負有義務在各方面給予其特別的關懷及協助。而身心障礙兒童更是具有雙重弱勢的身分，他們因先天或後天生理或心理上的因素，相較於一般學生，在行使教育基本權時遭受到更多的障礙。因此，國家有義務透過立法及行政，更加周全地去保障身心障礙學生的教育基本權。 我國特殊教育法及身心障礙者權益保障法，經過多次的修正後，對於身心障礙者教育基本權的保障已漸趨完善。然而在實務上，身心障礙學生在教育基本權的行使上還是經常遭遇到重重困難，例如教育資源的不足、遭受社會的歧視等等。於2011年，臺南啟聰學校（現為國立臺南大學附屬啟聰學校）的集體性侵案件遭到揭發，該所封閉式特殊教育學校多年來於持續發生學生之間的性侵事件。本案引發全國譁然，讓人更加擔憂我國身心障礙學生於教育場所的現況。 因此，本文嘗試對該案件的進行事實與法律上的分析，期許透過身心障礙學生教育基本權的建構，來檢討我國身心障礙教育的現況，並提出改善建議，使身心障礙學生的教育基本權保障更趨完善。

The Legal Analysis of the Sexual Assault Event in the Affiliated Hearing Impaired School of National University of Tainan —As the Core of the Disabled Students’ Fundamental Rights to Education

Yue-Dian Hsu ∕ Tsung-Ching Huang

abstract

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-disable students. As a result, the public authority must give the disable students more comprehensive guarantee on fundamental educational right through legislation and administration. The Special Education Act and People with Disabilities Rights Protection Act in Taiwan have been amended for several times. After the amendments, the guarantee of disable students’ fundamental educational right is better and better. However, in the practice, the disable students still encounter great quantity of difficulties when they exercise their fundamental educational right. For example, the insufficiency of special education resource, and the discrimination from the society etc. 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 disable 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 disable education, and makes improving suggestions, making the guarantee of disabilities’ fundamental educational right more consummate.