香港・韓国障害者差別禁止法の立法過程における「後発性」の問題

国際連合と国際的な市民社会に焦点を当てて

抄録

　This paper examines ‘backwardness’, which has attracted attention from researchers who focus on comparative theory of welfare states in East Asian countries. Its aim is to clarify the meaning of ‘backwardness’ by examining the legislative processes of anti-discrimination legislation in Hong Kong and Korea.　From the comparison of the legislative processes, we find ‘singularity/pluralism of opinion by disabled people’ and ‘opportunities for indirect/direct statement by disabled people.’ This can explain the enlarged process of participation by disabled people in the United Nations. The opportunities for discussion between the United Nations and civilian social organizations were enlarged in 1996. From other documents, it can be recognized that the United Nations values its partnership with these organizations and tries to arrange for a platform for discussions. According to this principle, when the discussion of the Convention on the Rights of Persons with Disabilities began in 2001, disabled organizations participated in ad hoc committees and played a major role. Subsequently this change in the international environment has empowered disabled people. In Korea, disabled people participated in the discussion preceding the enactment of anti-discrimination legislation, which resulted in ‘pluralism of opinion by disabled people’ and ‘opportunities for direct statement by disabled people’.　In this paper, ‘backwardness’ is not related solely to international economic circumstances. ‘Backwardness’ is also important because it accompanies ‘change in the international environment and the emergence of an international civilian society’. It explains the difference between the legislative processes of Hong Kong and Korea. This paper may contribute to future theory by including the experiences of East Asia after the theory of ‘welfare regime’.