近年來由於全球景氣低迷，造成失業率逐步攀升，相對地使身心障礙者的就業機會受到壓縮與限制，因此身心障礙者要求政府保障其工作權也就時有聽聞，從福利政策的觀點來看，應給予身心障礙者更多的照顧與幫助。 政府在制定身心障礙者的相關政策時，是從早期人性的互動、關懷、施捨，演進到認為身心障礙者福利的推動是國家責任，並由早期的福利救助進步到近期的職能重建與就業安置，所以政府在制定其就業政策時，應該根據身心障礙者所需來妥善規劃，以便確實施行，並把身心障礙者福利政策當作是對這種社會現象的善意回應，促使身心障礙者能夠重新進入社會，並非領取政府補助而是自食其力，這也是現代福利國家的重要責任。 本研究想要探討身心障礙者就業的相關問題，從就業權利來切入，並檢視身心障礙者工作權保障的相關法律與其落實狀況，並根據此一落差來提出建議，最後並希望身心障礙者在就業方面能獲得到更適切的保障與幫助。 Owing to the spiraling rate of unemployment caused by global depression in recent years, the employment opportunities of the handicapped were squeezed comparatively. Therefore, it was often heard that the handicapped demand the government to protect their rights to work. From the welfare policy’s point of view the handicapped should be taken more care of and given more help. When the government establishes the policies pertaining to the handicapped, it evolved from the humanity interaction, solicitude, and charity in the early years to the responsibility, and it also evolved from welfare aid in the early years to the rehabilitation of professional abilities and allocation of employment. Therefore, it should be based on the needs of the handicapped to establish employment policies in order to ensure it’s implementation, and the welfare policies of the handicapped should be treated as a kindly response to the social phenomenon to encourage the handicapped to return to the society to live by there own exertion rather than by government subsidy. This is also the important responsibility of the modern welfare nations. This study intends to discuss the related problems of employment of the handicapped from the perspective of the right of handicapped to be employed and also to inspect the related laws for protecting the right of the handicapped to work compared with it’s practical situation to offer suggestions based on the found gap, finally to expect that the handicapped can get more appropriate protection and assistance in their employment.
