居無礙：肢體不便者突破居住環境障礙的案例研究

近年來對於身心障礙者的保障日漸改善，且制定相關法令規章保障身心障礙者的權利；然而法令規章的建置，是否代表身心障礙者權利已受到既有保障，得到應有的各項人權？本文透過實際觀察與協助一名肢體不便者（小愛）於自家大樓設置樓梯升降梯案例，檢視小愛在追求既有權利過程中，與其他住戶互動的經過，描述與分析肢體不便者為追求無障礙的行動自由，試圖跨越居住環境障礙、實現居住正義的建構過程。檢視案例歷程發現，即使法令規章已有明確的規定，但在爭取既有權利的過程中，肢體不便者仍須面對重重的障礙與歧視，並且需運用各種人際網絡與關係才能在法庭中獲得行動自由的基本權利，此過程同時也顯示個別的行動不便者在面臨同樣情境時，權利並非如法令般理所當然，而是充滿障礙與歧視。

關鍵字

肢體不便者；身心障礙者；無障礙；歧視

並列摘要

In recent years, the protection for the physically and mentally disabled has been gradually improved, and relevant laws and regulations have been formulated to protect the rights of the physically and mentally disabled. However, does the establishment of laws and regulations represent that the rights of the physically and mentally disabled have been guaranteed and have all the human rights they deserve? Through actual observation and assistance to a person with a physical disability to set up a staircase elevator in his own building, he examines how she interacted with other residents in the pursuit of existing rights. Describe and analyze the construction process of physically disabled persons in order to pursue barrier-free freedom of movement, to overcome the obstacles of living environment, and to achieve residential justice. The study found that even if the laws and regulations have clearly stipulated, in the process of fighting for existing rights, people with physical disabilities must face numerous obstacles and discrimination, and need to use various personal networks and relationships to get action in court The basic right to freedom, this process also shows that when individuals with reduced mobility face the same situation, their rights are not taken for granted by law, but are full of obstacles and discrimination.