论文部分内容阅读
Abstract
"He sat there， tied to a pole under a green rexine sheet for shade， repeating the words 'jeeva jeeva.' His face covered in mud， his hands smeared in his own excrement， scarcely clothed， smiling from end to end， oblivious to his circumstances."
摘要
“他坐在那里，被绑在一根柱子上，头顶上的绿色仿皮布遮挡了阳光，嘴里重复着‘jeeva jeeva’这个词。他的脸上布满泥土，双手沾着自己的排泄物，衣不蔽体，面带微笑，并没注意到自己所处的环境。”
The purpose of this paper is to extrapolate how persons with disabilities become a victim of neglect， abuse and their circumstances （which are beyond their control） due to a lack of awareness about disability， stigma， stereotyping and lack of social support.
这篇文章的目的是推论由于对残疾的认识的缺乏、侮辱、古板印象和社会供养的不足，残疾人怎样成为忽视、虐待和生活环境（不在他们控制范围内）的受害者。
Introduction
介绍
Across the world， persons with disabilities are the largest minority group devoid of services and facilities. As a result they are the least nourished， healthy， educated or employed. They are subject to a long history of neglect， isolation， poverty， deprivation， charity and pity. The situation of persons with disabilities in India is not significantly different. The responsibility of care of persons with disabilities is generally left to their families and a few institutions managed by voluntary organisations and the government. Persons with disability in India are mostly ignored by the society as they are seen as “dependents”， a “liability” and “unproductive.” The Census of India， for the first time， enumerated persons with disabilities in 2001， according to which there are more than 21 million persons with disability within the country， contrary to the United Nations figure of 10 percent.
Historically， in traditional Indian belief， disabilities have been seen as a punishment for sins committed in the previous life by an individual or the family members. In some cases， families regard their disabled child as being “cursed” and a burden that must be dealt with， which often leads to the neglect and rejection of the child； the child may even be kept hidden from the community due to the fear of facing rejection from the community. According to a study done by the World Health Organization （2004） there are 31 million individuals with Intellectual Disabilities in India. Most individuals with Intellectual Disabilities in India have not formally been identified and even among those who have been identified -- a majority are excluded and shunned by society. There is a lack of awareness about Intellectual Disabilities in India and most individuals suffering from Intellectual disabilities are perceived to be and labelled as ‘mad’. Individuals with Intellectual Disabilities are often perceived as fundamentally “flawed” and with diminished， placing them at the bottom of the social structures. 残疾人已经成为全世界最大的缺少服务和设施的弱势群体。他们因此也成为了最为营养不良、健康水平最不达标、受教育程度最低和最少成功就业的人群。长久以来，他们都是被忽视、排斥、贫困、匮乏、慈善和怜悯的对象。印度残疾人的处境并没有什么不同。关爱残疾人的责任大部分落在了其家人的身上，以及政府和几个为数不多的由志愿者组织运行的机构。残疾人在印度大多情况下被社会忽略，因为他们被视为是“从属者”、“负担”和“非生产性的”。 2001年，印度的人口普查首次将残疾人计入在内，其中显示国内的残疾人数量约为2100万，与联合国记录的国家总人口的10%不符。
在传统的印度信仰中，残疾被视为是对前世个人或家庭成员所犯罪行的惩罚。在这种情况下，家人会认为他们残疾的孩子是一种“诅咒”和一个他们必须承担的负担，这样也就使孩子遭受忽视和排斥；孩子甚至有可能被藏起来避免和社区的接触，因为他们害怕面对社区的排斥。世界卫生组织2004年的报告显示印度有3100万人患有智力残疾。在印度，大多数患有智力残疾的人没有获得正式鉴定，而在那些已经被鉴定的人群中——绝大多数人被社会排斥。印度缺乏对于智力残疾的认识，而大多患有智力残疾的人则被贴上“疯子”的标签。智力残疾的人们被认为是天生“残缺”或“低等”，使得他们处于社会结构的底层。
Early experiences become essential in the growth and development of children. Things such as eating habits， attitudes towards self， exercise and self-care routines build from the child’s earliest experiences. One of the most important things children learn in the early years is about themselves -- they develop a picture of themselves that affects the ways they approach any situation， task， or relationship with another person. In other words， they develop a self-concept. In order for a child to develop a healthy self-concept， it is essential that the child has positive and caring relationships， people who care for them and support them； adults who appreciate their uniqueness and respond to their feelings， needs and interests； and adults who help them learn how to control their behaviour and what behaviour is socially acceptable.
幼年经历是儿童成长和发展过程中的关键。饮食习惯、自我态度、身体锻炼和自我照顾等习惯都是在儿童成长的最早期养成的。儿童在幼年时习得的最重要的知识之一就是关于他们自身——他们会形成自我肖像，这会影响他们对待各种情况、任务和与他人人际关系的方式。换言之，他们会形成一种自我概念。为了儿童可以形成健康的自我概念，使儿童拥有积极和关爱的关系很重要，包括关心并支持他们的人；珍视其独特性并回应其感受、需求和兴趣的成年人；以及帮助他们学习如何控制自身行为和了解何种行为是为社会所接受的成年人。
Child rights
儿童权利
The United Nations General Assembly， based on the Universal Declaration of Human Rights， recognises children’s rights， by stating that “all human beings are born free in dignity and rights” and that children are entitled to special care and protection； it also states that “mankind owes to the child the best that it has to give.” In 1959， the UN General Assembly adopted a more detailed Declaration of the Rights of the Child； this framework was further strengthened with the adoption of the two International Covenants -- on Civil and Political Rights and on Economic， Social and Political Rights. All these efforts put together led to the adoption of the Convention on Child Rights in 1989， the objective being to ensure that governments and individuals across the world work to ensure that “all the world’s children enjoy the rights they deserve -- to survival， health and education； to a caring family environment， to play and culture； to protection from exploitation and abuse of all kinds and to have their voices heard and opinions taken into account on issues affecting their lives” （Annan， 2000）. 基于《世界人权宣言》，联合大会承认儿童的权利，声明“所有人生来享有尊严和权利，儿童理应得到特殊关爱和保护”；还声明“人类应给予儿童他们所能给予的最好的”。1959年，联合国大会通过了更为具体的《儿童权利宣言》；该框架之后随着《公民与政治权利国际公约》和《经济、社会和政治权利国际公约》的通过而被加强。所有努力使得《儿童权利公约》在1989年得以通过，其目的是确保全世界的政府和个人努力保证“全世界的儿童享受他们应得的权利——生存、健康和教育；关注家庭环境、游戏和文化；保护儿童免于各种形式的剥削和虐待，保证儿童的声音被听到、儿童的想法在关乎他们生活的问题上被采纳”。（Annan， 2000）
The framework of the Indian Constitution too has ample provisions for the protection， development and welfare of children. There are a wide range of laws that guarantee children their rights and entitlements as provided in the Constitution and in the UN Convention. The government as a part of the various Five Year Plans has launched numerous programmes aimed at providing services to children in the areas of health， nutrition and education. The department for Women and Children was set up under the Ministry of Human Resource Development in 1985. This department formulated a National Plan of Action for Children in 1992， the same year in which India ratified the UN Convention on Rights of Children. A number of schemes for the welfare and development of children have been strengthened and refined with a view to ensuring children their economic， political and social rights. At present various schemes and policies are in place which help ensure these rights such at the Right to Education Act， the Integrated Child Development Scheme， National Rural Health Mission， Elimination of Child Labour etc.
《印度宪法》的框架也有众多关乎儿童保护、发展和福利的条款。有许多相关立法用来保证《宪法》和《联合国公约》中确立的儿童的权利。政府启动了一系列项目，致力于为区域内的儿童提供健康、营养和教育的服务，作为其“五年计划”的一部分。隶属于人力资源发展部的妇女和儿童署成立于1985年。该部门在1992年拟定了《国家儿童行动纲领》，同年，印度签署了联合国《儿童权利公约》。众多关于儿童福利和发展的计划得以加强和提升，旨在保证儿童的经济、政治和社会权利。目前，许多计划和政策正在实施，如《教育权利法案》、“儿童整体发展计划”、“国家农村健康任务”和“消除童工”等。
Disability
残疾
The United Nations Convention on the Rights of Persons with Disabilities， in its Preamble acknowledges and recognizes disability as an “evolving concept” and that “disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” （United Nations， 2006）.
Over the years， perceptions towards disability have varied significantly from one community to another. Attitudes towards people with disabilities across cultures suggest that societal perceptions and treatment of persons with disabilities are neither homogeneous nor static. Among the Greeks， the sick were considered inferior， and Plato in his Republic， recommends that the deformed offspring of both the superior and inferior be put away in some “mysterious unknown places.” During the 16th century， it was believed that persons with Intellectual Disabilities were possessed by evil spirits. Thus， persons with Intellectual Disabilities were often subjected to mental and/or physical pain as a means of exorcising the spirits. In the 19th century， in Britain， state aid to the poor and otherwise handicapped was opposed. It was reasoned that the preservation of the "unfit" would impede the process of natural selection and tamper with the selection of the “best” or “fittest” elements necessary for progeny. It was also during this period that the practice of Eugenics came about -- a social philosophy that advocates the improvement of human genetic traits through the promotion of increased reproduction of people with desired traits and reduced reproduction of people with less-desired or undesired traits. Persons with disabilities were completely rejected by some cultures， in others they were outcasts， while in some they were treated as economic liabilities and grudgingly kept alive by their families. In other settings， persons with disabilities were tolerated and treated in incidental ways， while in other cultures they were given respected status and allowed to participate to the fullest extent of their capability.
联合国《残疾人权利公约》的前言中承认残疾是一个“正在进化的概念”，以及“残疾来自有损伤的人们之间的互动，还来自于在态度、环境之中的、阻碍其充分、有效、与他人平等地融入社会的障碍。”（United Nations， 2006）
多年来，不同社区对残疾的认识大有不同。不同文化对残疾人的不同态度体现了社会对残疾人的认知和对待并不能一概而论，也并非一成不变。希腊人认为病人是下等的，柏拉图在《理想国》中写道，上等人和劣等人的畸形后代都会被放在一些“神秘未知的地方”。在16世纪，患有智力残疾的人被认为是恶灵附身。因此，智力残疾的人往往要经历精神和/或身体的折磨以驱除恶灵。在19世纪的英国，国家对穷人和残疾人的救助遭到反对。其理由是对这种“不适者”的保留会妨碍自然选择的过程，篡改选择“最优”或“最适者”元素所必需的人选。同样也是在这个时期，社会上出现了“优生学”的实践——一种社会哲学，宣扬通过增加拥有理想基因链的人的繁殖和减少拥有不理想基因链的人的繁殖，改善人类基因链。
残疾人在一些文化中完全遭到排斥，有一些还被遗弃，还有一些被当成是家人的经济负担，勉强偷生。在一些社会背景下，残疾人能够得到包容，但不能得到重点关注。而在另外一些文化中，残疾人得到社会尊重，并可以充分发挥自身能力融入社会。
It was only after the Second World War， when there was an increase in the number of persons with disabilities due to war-acquired injuries that the plight of persons with disabilities came to notice. The approach towards them， however， was that of charity. The Charity Model treats people with disabilities as helpless victims needing care and protection. It relies on charity and benevolence rather than justice and equality. The charity model justified the exclusion of persons with disabilities from mainstream education and employment.
The initial efforts of the government and individuals were based on this model. Since the post-War era， there have been various paradigmatic shifts within the discourse on disability. After the Charity Model came the Medical Model which assumed that the challenge experienced by persons with disabilities are directly related to their physical， sensory or intellectual impairments. It defines disability within the clinical framework and supports the belief that persons with disabilities are biologically and psychologically inferior in comparison to non-disabled persons. In contrast to the Medical Model came the Social Model， according to which individuals are disabled because of architectural， attitudinal and social barriers created by society. This model views disability as a consequence of oppression， prejudice and discrimination by the society against persons with disability. As per this model it is the society which constructs economic， social， health， architectural， legal， and cultural and other barriers limiting persons with disability from actively becoming a part of society. Over the past two decades there has been a dramatic shift in perspective， from the Charity Model to the Rights-based Model， under which disability is positioned as an important dimension of human culture. According to this model， all human beings irrespective of their disabilities have certain rights， which are unchallengeable. This model builds upon the spirit of the Universal Declaration of Human Rights， 1948， according to which， “all human beings are born free and equal in rights and dignity”； it lays emphasis on viewing persons with disabilities as subjects and not as objects. 第二次世界大战之后，战争负伤使得残疾人人数大量增加，这使残疾人第一次进入公众的视线。而对待他们的方式多以慈善为主。慈善模式将残疾人视为是无助的受害者，急需关心和照顾。这种模式依赖于捐助和爱心，而非正义和平等。慈善模式也使得残疾人被排斥在主流教育和就业之外。
政府和个人对于残疾人所做出的努力在初期都是基于这个模式。从战后年代开始，社会上有关残疾人的论述经历了几个范例性的转变。慈善模式之后紧接着是医疗模式，其认为残疾人所面临的挑战与他们身体上、感官上、智力上的损伤直接相关。这种模式在临床框架内对残疾进行定义，认为残疾人在生物学上和心理学上都劣于非残疾的人。与医疗模式形成对比的是社会模式，其认为人之所以残疾是出于社会所制造的建筑上的、态度上的和社会性的障碍。这种模式将残疾视为是社会对残疾人施以的压迫、偏见和歧视。依照这一模式，社会构成了经济、社会、健康、建筑、法律、文化和其他方面的障碍，限制残疾人积极地成为社会的一部分。在过去的二十年间，残疾被定位成是人类文化的一个重要构成部分。基于该模式，所有人类无论残疾与否都享有权利，这是不可挑战的。这一模式构成了1948年通过的《世界人权宣言》的核心精神，其声明“所有人类都生来自由，享受平等的权利和尊严”；它强调将残疾人视作是主体而非客体。
According to a recent World Report， it has been found that persons with disabilities are more prone to violence. Individuals with physical or mental disabilities are more prone and vulnerable to experiencing and being victims of physical， sexual， domestic， or non-domestic violence. Many people with disabling conditions are especially vulnerable to victimization because of their real or perceived inability to fight or flee， or to notify others and testify about the victimization. Often， as the person may be physically frail， the victimization may exacerbate existing health or mental health problems and there is a great risk of re-victimization. Within the Indian context， there are primarily two kinds of abuse that persons with disability may face； due to societal barriers， unacceptance and stigma：
Neglect： The wilful failure of a “caregiver” to fulfil his or her care-giving responsibilities that leads to physical harm through withholding of services necessary to maintain health and well-being； and，
Abandonment： Desertion， wilful forsaking， or the withdrawal or neglect of duties and obligations owed by the caregiver.
According to the National Sample Survey Organization data of 2001， 76.14 percent of India’s disabled population resides in rural areas. According to Child Relief and You （CRY） three percent of India’s children are born with an Intellectual Disability； this data also shows that 20 out of every 1000 children in rural areas are disabled as compared to 16 out of 1000 in urban areas.
近期的一份世界报告显示，残疾人更易受到暴力的影响。患有身体或精神残疾的人更容易成为武力威胁、性暴力、家庭暴力和非家庭暴力的受害者。许多有着残疾情况的人更易受到伤害，因为他们天生或后天不具备战斗或逃跑的能力，通知他人的能力，以及指正犯罪的能力。因为受害者往往身体较为脆弱，外界带来的伤害可能加重现有的健康或精神问题，而且还有极大的二次伤害的风险。在印度，由于社会障碍造成的不接受和羞辱，残疾人所面对的虐待基本有两种：
忽视：照料者有意的不履行他或她的给予照料的责任，通过拒绝给予维持健康和幸福所必需的服务导致身体伤害；
放弃：抛弃、有意的遗弃，或撤回或忽视照料者应履行的责任和义务。
根据全国抽样调查组织2001年的数据，印度76.14%的残疾人口居住在农村地区。来自“儿童救济和你”组织的数据显示3%的印度儿童为先天性智力残疾；该数据还显示在农村地区，每1，000个儿童中就有20个患有残疾，而这一比例在城市地区为千分之十六。 The Case study
案例研究
In this paper I shall be using the example of a case from Taka Village in Latur District of Maharashtra.
在本文中，我会使用来自马哈拉施特拉邦拉图尔区的塔卡村作为案例。
While collecting data of persons with disability in the village Taka， the lady helping us identify persons with disability in the village told us that down the road lived a “mad” boy who threw stones at people. My fellow students and I decided to visit the house of this “mad” boy. As we approached the house we saw a green rexine sheet set up like a tent. Thinking that it was a shed for cattle， we walked ahead to the door of the house. As we waited for someone to open the door， we noticed under the tent-like structure， a boy wearing only an ill-fitting， torn T-shirt， his face covered in mud and looking extremely malnourished. As we moved closer to him， he smiled； we noticed his hands were smeared with his own excrement. During the time that we stood there interacting with the child’s grandmother， the child sat there rubbing his eyes and putting in his mouth those same smeared hands.
The house was small with not sufficient space for four members， a kitchen and an area used as a bathroom -- its boundary made by tree branches. The family did not possess much， living in a humble manner， within whatever means available to them. The next day our entire group visited the house of the child， along with some local leaders and officials from the local school. The child then was enrolled in the school and his mother was asked to bring him to school every day for an hour. The family was counselled and told that the child must not be kept tied， that the child must be bathed regularly and fed properly； however， when we visited the house the next two days， the child was found kept tied again. It was decided to call ChildLine and request their intervention in the case. Through ChildLine， the child was taken to the civil hospital and was diagnosed with severe Intellectual Disability along with convulsion disorder； after the check-up， the child was produced before the Child Welfare Committee and a legal order was passed to institutionalize the child.
当我们收集塔卡村的残疾人数据时，帮助我们辨别村中残疾人的女士告诉我们，在村子道路的尽头，住着一个“疯”男孩，他会朝人们扔石头。我的学生和我决定去看看这个“疯”男孩的家。当我们快要走到房子的时候，我们看见一块绿色的仿皮布像帐篷一样被支起来，更像是个牛棚。我们走到房子的门前。当我们等待有人来开门的时候，我们注意到，在那个帐篷结构的下面，有一个身穿不合身的、破烂T恤的男孩，他的脸上布满泥土，看上去极度营养不良。我们往前走了走，与他靠得更近，他笑了；我们注意到他的手上沾着自己的排泄物。在我们与孩子的祖母沟通期间，他一直坐在那儿，用脏脏的手揉眼睛，还把手放进嘴里。
那所房子很小，对四个人来说空间并不够。厨房和一个被当作是洗手间的区域之间是用树枝隔开的。这个家庭拥有的不多，以一种他们能够谋得的方式谦卑的生活着。第二天，我们整个团队，以及一些当地的领导和当地学校的官员，一起拜访了男孩的家。他们接收了男孩入学，同时还要求孩子的母亲每天带他去学校学习一小时。他们还给了这个家庭一些建议，告诉他们不能这样将孩子绑住，要定期给孩子洗澡，还要给他提供合理的膳食。然而，当我们在接下来的两天又去探望孩子的时候，我们发现他再次被绑在了那里。后来我们决定拨打“儿童热线”，请求他们的介入。“儿童热线”带孩子去了医院，并检查出他患有严重的“智力残疾”伴有惊厥；体检之后，该男孩的情况被上报至“儿童福利委员会”，诉诸法律程序将儿童置于公共机构下进行照料。 While all this was going on， it was found that the mother had been separated from her husband before the village Nyaya Panchayat and that the husband had married twice after. Based on our observations， it was felt that the maternal grandmother， mother and the elder sister of the child were indifferent towards his condition； unlike the maternal grandfather who seemed to be immensely attached to the child. Each time the family was asked why the child was kept tied， the response would be the same： “if we leave him untied he runs away and throws stones at people”. But during the time we spent with the child， he never ran or threw stones. Occasionally yes， when he was tied he would throw stones， but not with the intention of hurting anyone， only as a playful gesture.
We again visited the child after a few days and found that the child was still being kept tied by the family. This time however， a different picture emerged. Our group interacted with the neighbours and it was found that the mother of the child herself faced violence at the hands of her parents； was forced to go work in the field every day and bring back money； that the grandmother would not touch the child or feed him even if he kept crying and yelling for food and that the mother had little or no choice but to keep her child tied.
当这一切还在进行中，我们得知那位母亲已经在正理派长老会的干预下与丈夫分开，并且丈夫已经在那之后又结了两次婚。基于我们的观察，我们感觉到母系的祖母、母亲和姐姐对孩子的状况比较冷漠；相反父系的祖父似乎更牵挂孩子。每次当家人们被问到为什么把孩子绑起来，回答都是一样的：“如果我们不把他绑起来，他会跑掉并朝别人扔石头。”但是在我们与孩子相处的时间里，他从来没有跑掉，也没有朝人扔石头。如果他被绑起来，他偶尔会朝别人扔石头，但也并不是想伤害谁，只是一种开玩笑的举动。
几天后，我们又去探望了孩子，发现他仍被家人绑在那里。但是这次我们又发现了新的情况。在与邻居的交谈中我们得知，孩子的母亲本身也遭受来自父母的暴力；她每天都被迫到田里劳作，把赚得的钱带回家；她的母亲不会接触孩子或给孩子喂饭，即使孩子一直哭喊着要食物，而她自己除了把孩子绑起来别无选择。
Confrontation
质证
In the case of this child， the nature of abuse faced by him was of both Neglect and Abandonment. The mother of the child， his primary care-giver， failed to fulfil her care giving responsibilities， such as giving him daily meals； a protective and nurturing environment； and his medicines for the convulsion disorder which had severely affected his physical health and well-being. The child although not deserted， faced abandonment as his family members were unable to fulfil their obligations as care-givers. His rights as a child and as a person with disability were violated at the same time. The UN Convention of the Rights of Persons with Disabilities talks about “discrimination on the basis of disability” meaning any “distinction， exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition， enjoyment or exercise， on an equal basis with others， of all human rights and fundamental freedoms in the political， economic， social， cultural， civil or any other field. It includes all forms of discrimination， including denial of reasonable accommodation.” The child’s movement was restricted due to his disability （he was kept tied）， he was treated differently from his non-disabled elder sister； and he was denied reasonable accommodation by his family who kept him tied outside the house in an undignified and inhumane manner. 在这个男孩的案例中，他所面对的虐待既有忽视又有放弃。男孩的母亲是首要的照料者，未能履行其照料的责任，如为男孩提供每日三餐；一个保护性的、培育性的环境；以及治疗惊厥的必要药物，因为疾病已经严重影响了男孩的身体健康和幸福。尽管男孩并未遭到遗弃，他仍然算是被放弃了，因为他的家庭成员不能履行作为照料者的职责。他作为儿童的权利和作为残疾人的权利被同时侵犯了。联合国《残疾人权利公约》所提到的“基于残疾的歧视”指“基于残疾的区别、排斥和限制，其目的或影响是，在与他人平等的基础上，损害或抵消人类认知、享受、实践在政治、经济、社会、文化、民事和其他任何领域的权利和基本自由。它包含各种形式的歧视，包括对合理膳宿的否定。”男孩的行动因为他的残疾而受到限制（他被捆起来），他受到与他的姐姐不同的待遇；他被家人剥夺了合理膳宿的权利，他们以一种毫无尊严和非人道的方式把他绑在房子的外面。
Article 2 of the United Nations Convention on the Rights of Child states that all children have the rights mentioned in the Convention no matter who they are， where they live， what their parents do， what language they speak， what their religion is， whether they are a boy or girl， what their culture is， whether they have a disability， whether they are rich or poor. These rights are universal and applicable to every child in the world. Article 19 states that a child has the right to protection from being hurt or mistreated， in “body or mind”； Article 23 states that if a child has a disability he/she is entitled to special education as well as the other rights mentioned in the Convention so that he/she can “live a full life”； Article 24 states that a child has the right to best health care， nutritious food， a clean and safe environment； Article 24 states that a child is entitled to help from the government if he/she is in need or poor. Article 39 states the right to help in case of hurt， neglect or maltreatment.
All the aforementioned provisions and rights were violated and denied in the case of the child， which reflects that although the legal provisions are there， there is somewhere a gap and the implementation of the same is not taking place. Due to the cultural perception of disability and the societal attitudes， persons with disability continue to face victimization despite there being sufficient legal provisions and various NGO’s -- national and international -- working for the cause； there has been little change in the picture. The child， in this case due to his disability -- a condition beyond his control -- became a victim of ignorance； lack of awareness； attitudinal barriers； lack of access to facilities which he is rightfully entitled to， stigmatization； lack of social support and exclusion.
A victim maybe defined as a person who suffers direct or threatened physical， emotional or financial harm as a result of an act by someone else. According to studies， children with disabilities may face three kinds of victimization： a） Peer Assault and Bullying； b） Sexual Victimization； and c） Maltreatment. The studies have also shown that children with disabilities are at an increased risk of victimization， maltreatment and neglect. This elevated risk is often attributed to the care-giving burden causing stress for the parents. This in the context of this case study was one of the contributing factors for the neglect of the child， since his mother， in addition to looking after him， had to earn， run the house and attend to other household chores， too. Reasons for maltreatment often could be aversion to certain traits/behaviours that the child may manifest as a part of his/her disability， which make socialization and caregiving more troublesome. 联合国《儿童权利公约》第二条款声明儿童享有《公约》中所述的权利，无论他们是谁，他们身居何处，他们的父母从事何职业，他们说何种语言，他们信仰何种宗教，他们是男是女，他们拥有何种文化，他们是否残疾、是否贫穷。这些权利统一适用于每一个儿童。第十九条款声明儿童享有被保护不受伤害和虐待的权利，无论“肉体还是精神”；第二十三条款声明如果一个儿童患有残疾，他/她理应接受特殊教育和享受其他《公约》中提到的权利，这样可以使他/她“度过完整的人生”；第二十四条款声明儿童有享受最优的健康医疗、营养饮食和清洁、安全的环境的权利；第二十四条款还声明儿童在需要救助或处于贫困中时应得到政府的帮助；第三十九条款声明儿童在伤害、忽视和虐待中享有被帮助的权利。
所有上述的法条和权利在男孩的案例中全部被侵犯和否定，这反应了尽管有相关的立法，但仍有执行方面的参差不齐。由于文化认知和社会态度等原因，尽管有充足的法律法规和致力于此的国内和国际的非政府组织，残疾人仍然是受害者。此案例中的男孩由于残疾——一个超出其能力范围的情况——成为了忽视、意识缺乏、态度障碍、必备基础设施的限制、污名化、社会支持缺乏和排斥的受害者。
受害者可以被定义为因他人行为而直接或潜在地在身体上、情感上或财务上遭受伤害的人。研究表明残疾儿童可能遭受三种类型的伤害：1.同辈侵犯和欺辱；2.性侵害；3.虐待。研究还显示残疾儿童遭受伤害、虐待和忽视的风险呈上升趋势。这种上升趋势通常是由于照料残疾儿童的负担给父母带来的压力。在这个案例中，这也是造成忽视男孩的一个原因，因为他的母亲除了照料他之外还需要挣钱、照看房屋和做家务。虐待的原因可能是因为反感儿童所患的残疾而带有的某种特点/行为，这使社会化和给予照料更为困难。
Theoretical discourse
理论论述
The case study could be better understood from a theoretical perspective using the Ecosystems theory. The ecosystems perspective focuses on the interplay between an individual and his/her environment. In order to understand the functioning of an individual， it is essential to understand his/her environmental context. As per Bronferbrenner， in order to understand human development one must consider the individual’s entire ecological system， which is composed of five socially organized subsystems. The Microsystem which is the most basic system referring to the individual’s immediate environment （parents， siblings， peers etc.）. The Mesosystem consists of the relationship between the various environments and settings the individual lives within. The Exosystem consists of the various external factors that influence the individual’s development such as parents’ employment， mass media or policy makers. The Macrosystem consists of the individual’s cultural beliefs， customs and laws which affect him/her as well as his/her family functioning. Lastly， the Chronosystem refers to the time and generation in which the individual is living.
In context of the case study， we see how the interaction between the various systems affects the child making him a “victim.” The individuals such as the grandparents， the mother and the sister present in the child’s immediate environment were detached from the child， thus the child faced neglect. The child and his family were also disconnected from their surrounding environment and the community since there was conflict； external factors such as his mother’s marital status and socio-economic position also affected his circumstances. Due to the lack of social support received by the mother and her own existing circumstances （separation from husband； violence inflicted by parents）， the mother could not provide the required care to the child. The macrosystem in this context plays an essential role， since the cultural and attitudinal perception of disability also affected the manner in which the child was treated. In a larger context， the Macrosystem -- the cultural beliefs and perceptions of persons with disabilities -- contribute to their victimization， exclusion and marginalization in society. 从生态系统理论的角度出发可以更好地理解本案例分析。生态系统的观点侧重于个人与其周边环境的相互作用。为了理解个人所发挥的作用，必须要理解他/她所处的环境背景。根据布朗芬布伦纳的理论，为了理解人类发展，我们必须考虑个人所处的整个生态系统，它由五个社会性的次级系统组成。其中，微观系统是最基础的系统，指个人所处的直接环境（父母、姐妹、同辈等）。中间系统是指各个微系统之间的联系或相互关系。外层系统包括影响个人发展的各种外界因素，如父母的就业、大众传媒或政策制定者。宏观系统指影响个人及其家庭运转的文化信仰、习俗和法律。最后，时间纬度指个人所处的时间和世代。
在本案例的背景中，我们可以看见各种系统对男孩的影响从而使他成为一个“受害者”。处于男孩的直接环境中的祖父、母亲和姐姐与男孩相脱离，因此男孩面临忽视。因为冲突，男孩和他的家庭也与周围的环境和社区脱节；他母亲的婚姻状态和社会经济地位等外部原因也影响了他所处的环境。由于他的母亲和其所处的环境（与丈夫分开；遭受父母的暴力）缺乏社会的帮扶，因而不能为男孩提供必要的照料。宏观系统在这个背景下发挥了关键的作用，因为对残疾的文化识别和态度也能够影响对待男孩的方式。在一个更大的背景下，微观系统——文化信仰和对残疾人的文化感知——导致他们在社会中遭受伤害、排斥和被边缘化。
Another perspective that could be used to view this case could be that of Erving Goffman’s theory of Stigma. Goffman viewed stigma as a process based on the social construction of identity and individuals who got associated with a stigmatized condition passed from being “normal” to “discredited” or “discreditable.” Stigmas often lead to negative attitudes giving rise to prejudices and discrimination. Goffman looks into both the social and psychological elements in the process of stigmatization and the psychological impact it has. Stigmatization can be overt. It can manifest as aversion to interaction， avoidance， social rejection， discounting， discrediting， dehumanization， and depersonalization of others into stereotypic caricatures. Goffman identified three kinds of Stigma -- stigma of character traits （mental disorders， homosexuality， unemployment）； physical stigma （physical deformities of the body） and stigma of group identity （race， religion， caste）. Goffman， as an example states that meeting the care needs of a child with a disability has a significant impact upon family members’ pre-existing work and social life patterns， but in addition families may also experience what is termed “courtesy stigma” （or “stigma by association”） because of their direct relationship to the child. The family will then have to cope with their own feelings of shame or guilt， and may attempt to distance themselves in various ways from the disability. This in the context of the above stated case study becomes very relevant.
另外一个可以用于分析本案例的理论是伊坦·戈夫曼的污记学说。戈夫曼将污记视为是一个过程，基于社会对于身份的构建，和个人与有污记的状况相联系，逐渐从“正常”过渡到“不足信的”，而后直至“耻辱的”。戈夫曼深入研究了污记化过程的社会和心理因素以及其心理学影响。污记化可以是公开性的。它可以通过厌恶到互动、回避、社会排斥、失信、抹黑、去人性化、人格解体等形式表现，直至成为刻板的形象。戈夫曼将污记分为三类——性格特质的污记（情绪失常、同性恋、失业），身体的污记（身体畸形和缺失）和集体身份的污记（种族、宗教、种姓）。戈夫曼举例说明照料残疾儿童会严重影响家庭成员的工作和社会生活模式，另外，因为家庭成员与儿童的直接关系，他们也可能经历所谓的“礼节污记”（或“通过联系构成的污记”）。家庭成员不得不应对他们自身羞辱或愧疚的情绪，还可能尝试各种方式使自己远离残疾。这一点在上述的案例研究中表现的十分明显。 Conclusion
结论
The stigma attached to disability and persons with disability along with the influence of various factors such as cultural and societal norms gives rise to negative attitudes and perceptions and societal barriers， which lead to the victimization of persons with disability. They more than often suffer neglect， abandonment and maltreatment， due to the lack of awareness regarding disability and the manner in which persons with disabilities have been perceived over the centuries. Although there has been a shift in the theoretical discourse on disability from the Charity Model to the Rights-based Model and there are plenty of policies and laws that push for the equal rights of persons with disability， little has changed in ground realities. Largely， because of lack of access to information and health services； lack of awareness and understanding about disability.
与残疾和残疾人有关的污记，以及如文化和社会规范等因素的影响加深了消极态度和认知，扩大了社会障碍，这导致残疾人遭受伤害。由于人们缺乏对残疾的认识，以及几个世纪以来所形成的对残疾人的认知，残疾人更频繁地遭受忽视、放弃和虐待。尽管残疾的理论论述经历了从慈善模式到权利为本模式的转变，并且有许多政策和法律推动残疾人的平等权利，实际情况却鲜有变化。一般来说，这是由于缺乏获取信息和健康服务的渠道；和缺乏对残疾的认识和了解。
"He sat there， tied to a pole under a green rexine sheet for shade， repeating the words 'jeeva jeeva.' His face covered in mud， his hands smeared in his own excrement， scarcely clothed， smiling from end to end， oblivious to his circumstances."
摘要
“他坐在那里，被绑在一根柱子上，头顶上的绿色仿皮布遮挡了阳光，嘴里重复着‘jeeva jeeva’这个词。他的脸上布满泥土，双手沾着自己的排泄物，衣不蔽体，面带微笑，并没注意到自己所处的环境。”
The purpose of this paper is to extrapolate how persons with disabilities become a victim of neglect， abuse and their circumstances （which are beyond their control） due to a lack of awareness about disability， stigma， stereotyping and lack of social support.
这篇文章的目的是推论由于对残疾的认识的缺乏、侮辱、古板印象和社会供养的不足，残疾人怎样成为忽视、虐待和生活环境（不在他们控制范围内）的受害者。
Introduction
介绍
Across the world， persons with disabilities are the largest minority group devoid of services and facilities. As a result they are the least nourished， healthy， educated or employed. They are subject to a long history of neglect， isolation， poverty， deprivation， charity and pity. The situation of persons with disabilities in India is not significantly different. The responsibility of care of persons with disabilities is generally left to their families and a few institutions managed by voluntary organisations and the government. Persons with disability in India are mostly ignored by the society as they are seen as “dependents”， a “liability” and “unproductive.” The Census of India， for the first time， enumerated persons with disabilities in 2001， according to which there are more than 21 million persons with disability within the country， contrary to the United Nations figure of 10 percent.
Historically， in traditional Indian belief， disabilities have been seen as a punishment for sins committed in the previous life by an individual or the family members. In some cases， families regard their disabled child as being “cursed” and a burden that must be dealt with， which often leads to the neglect and rejection of the child； the child may even be kept hidden from the community due to the fear of facing rejection from the community. According to a study done by the World Health Organization （2004） there are 31 million individuals with Intellectual Disabilities in India. Most individuals with Intellectual Disabilities in India have not formally been identified and even among those who have been identified -- a majority are excluded and shunned by society. There is a lack of awareness about Intellectual Disabilities in India and most individuals suffering from Intellectual disabilities are perceived to be and labelled as ‘mad’. Individuals with Intellectual Disabilities are often perceived as fundamentally “flawed” and with diminished， placing them at the bottom of the social structures. 残疾人已经成为全世界最大的缺少服务和设施的弱势群体。他们因此也成为了最为营养不良、健康水平最不达标、受教育程度最低和最少成功就业的人群。长久以来，他们都是被忽视、排斥、贫困、匮乏、慈善和怜悯的对象。印度残疾人的处境并没有什么不同。关爱残疾人的责任大部分落在了其家人的身上，以及政府和几个为数不多的由志愿者组织运行的机构。残疾人在印度大多情况下被社会忽略，因为他们被视为是“从属者”、“负担”和“非生产性的”。 2001年，印度的人口普查首次将残疾人计入在内，其中显示国内的残疾人数量约为2100万，与联合国记录的国家总人口的10%不符。
在传统的印度信仰中，残疾被视为是对前世个人或家庭成员所犯罪行的惩罚。在这种情况下，家人会认为他们残疾的孩子是一种“诅咒”和一个他们必须承担的负担，这样也就使孩子遭受忽视和排斥；孩子甚至有可能被藏起来避免和社区的接触，因为他们害怕面对社区的排斥。世界卫生组织2004年的报告显示印度有3100万人患有智力残疾。在印度，大多数患有智力残疾的人没有获得正式鉴定，而在那些已经被鉴定的人群中——绝大多数人被社会排斥。印度缺乏对于智力残疾的认识，而大多患有智力残疾的人则被贴上“疯子”的标签。智力残疾的人们被认为是天生“残缺”或“低等”，使得他们处于社会结构的底层。
Early experiences become essential in the growth and development of children. Things such as eating habits， attitudes towards self， exercise and self-care routines build from the child’s earliest experiences. One of the most important things children learn in the early years is about themselves -- they develop a picture of themselves that affects the ways they approach any situation， task， or relationship with another person. In other words， they develop a self-concept. In order for a child to develop a healthy self-concept， it is essential that the child has positive and caring relationships， people who care for them and support them； adults who appreciate their uniqueness and respond to their feelings， needs and interests； and adults who help them learn how to control their behaviour and what behaviour is socially acceptable.
幼年经历是儿童成长和发展过程中的关键。饮食习惯、自我态度、身体锻炼和自我照顾等习惯都是在儿童成长的最早期养成的。儿童在幼年时习得的最重要的知识之一就是关于他们自身——他们会形成自我肖像，这会影响他们对待各种情况、任务和与他人人际关系的方式。换言之，他们会形成一种自我概念。为了儿童可以形成健康的自我概念，使儿童拥有积极和关爱的关系很重要，包括关心并支持他们的人；珍视其独特性并回应其感受、需求和兴趣的成年人；以及帮助他们学习如何控制自身行为和了解何种行为是为社会所接受的成年人。
Child rights
儿童权利
The United Nations General Assembly， based on the Universal Declaration of Human Rights， recognises children’s rights， by stating that “all human beings are born free in dignity and rights” and that children are entitled to special care and protection； it also states that “mankind owes to the child the best that it has to give.” In 1959， the UN General Assembly adopted a more detailed Declaration of the Rights of the Child； this framework was further strengthened with the adoption of the two International Covenants -- on Civil and Political Rights and on Economic， Social and Political Rights. All these efforts put together led to the adoption of the Convention on Child Rights in 1989， the objective being to ensure that governments and individuals across the world work to ensure that “all the world’s children enjoy the rights they deserve -- to survival， health and education； to a caring family environment， to play and culture； to protection from exploitation and abuse of all kinds and to have their voices heard and opinions taken into account on issues affecting their lives” （Annan， 2000）. 基于《世界人权宣言》，联合大会承认儿童的权利，声明“所有人生来享有尊严和权利，儿童理应得到特殊关爱和保护”；还声明“人类应给予儿童他们所能给予的最好的”。1959年，联合国大会通过了更为具体的《儿童权利宣言》；该框架之后随着《公民与政治权利国际公约》和《经济、社会和政治权利国际公约》的通过而被加强。所有努力使得《儿童权利公约》在1989年得以通过，其目的是确保全世界的政府和个人努力保证“全世界的儿童享受他们应得的权利——生存、健康和教育；关注家庭环境、游戏和文化；保护儿童免于各种形式的剥削和虐待，保证儿童的声音被听到、儿童的想法在关乎他们生活的问题上被采纳”。（Annan， 2000）
The framework of the Indian Constitution too has ample provisions for the protection， development and welfare of children. There are a wide range of laws that guarantee children their rights and entitlements as provided in the Constitution and in the UN Convention. The government as a part of the various Five Year Plans has launched numerous programmes aimed at providing services to children in the areas of health， nutrition and education. The department for Women and Children was set up under the Ministry of Human Resource Development in 1985. This department formulated a National Plan of Action for Children in 1992， the same year in which India ratified the UN Convention on Rights of Children. A number of schemes for the welfare and development of children have been strengthened and refined with a view to ensuring children their economic， political and social rights. At present various schemes and policies are in place which help ensure these rights such at the Right to Education Act， the Integrated Child Development Scheme， National Rural Health Mission， Elimination of Child Labour etc.
《印度宪法》的框架也有众多关乎儿童保护、发展和福利的条款。有许多相关立法用来保证《宪法》和《联合国公约》中确立的儿童的权利。政府启动了一系列项目，致力于为区域内的儿童提供健康、营养和教育的服务，作为其“五年计划”的一部分。隶属于人力资源发展部的妇女和儿童署成立于1985年。该部门在1992年拟定了《国家儿童行动纲领》，同年，印度签署了联合国《儿童权利公约》。众多关于儿童福利和发展的计划得以加强和提升，旨在保证儿童的经济、政治和社会权利。目前，许多计划和政策正在实施，如《教育权利法案》、“儿童整体发展计划”、“国家农村健康任务”和“消除童工”等。
Disability
残疾
The United Nations Convention on the Rights of Persons with Disabilities， in its Preamble acknowledges and recognizes disability as an “evolving concept” and that “disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” （United Nations， 2006）.
Over the years， perceptions towards disability have varied significantly from one community to another. Attitudes towards people with disabilities across cultures suggest that societal perceptions and treatment of persons with disabilities are neither homogeneous nor static. Among the Greeks， the sick were considered inferior， and Plato in his Republic， recommends that the deformed offspring of both the superior and inferior be put away in some “mysterious unknown places.” During the 16th century， it was believed that persons with Intellectual Disabilities were possessed by evil spirits. Thus， persons with Intellectual Disabilities were often subjected to mental and/or physical pain as a means of exorcising the spirits. In the 19th century， in Britain， state aid to the poor and otherwise handicapped was opposed. It was reasoned that the preservation of the "unfit" would impede the process of natural selection and tamper with the selection of the “best” or “fittest” elements necessary for progeny. It was also during this period that the practice of Eugenics came about -- a social philosophy that advocates the improvement of human genetic traits through the promotion of increased reproduction of people with desired traits and reduced reproduction of people with less-desired or undesired traits. Persons with disabilities were completely rejected by some cultures， in others they were outcasts， while in some they were treated as economic liabilities and grudgingly kept alive by their families. In other settings， persons with disabilities were tolerated and treated in incidental ways， while in other cultures they were given respected status and allowed to participate to the fullest extent of their capability.
联合国《残疾人权利公约》的前言中承认残疾是一个“正在进化的概念”，以及“残疾来自有损伤的人们之间的互动，还来自于在态度、环境之中的、阻碍其充分、有效、与他人平等地融入社会的障碍。”（United Nations， 2006）
多年来，不同社区对残疾的认识大有不同。不同文化对残疾人的不同态度体现了社会对残疾人的认知和对待并不能一概而论，也并非一成不变。希腊人认为病人是下等的，柏拉图在《理想国》中写道，上等人和劣等人的畸形后代都会被放在一些“神秘未知的地方”。在16世纪，患有智力残疾的人被认为是恶灵附身。因此，智力残疾的人往往要经历精神和/或身体的折磨以驱除恶灵。在19世纪的英国，国家对穷人和残疾人的救助遭到反对。其理由是对这种“不适者”的保留会妨碍自然选择的过程，篡改选择“最优”或“最适者”元素所必需的人选。同样也是在这个时期，社会上出现了“优生学”的实践——一种社会哲学，宣扬通过增加拥有理想基因链的人的繁殖和减少拥有不理想基因链的人的繁殖，改善人类基因链。
残疾人在一些文化中完全遭到排斥，有一些还被遗弃，还有一些被当成是家人的经济负担，勉强偷生。在一些社会背景下，残疾人能够得到包容，但不能得到重点关注。而在另外一些文化中，残疾人得到社会尊重，并可以充分发挥自身能力融入社会。
It was only after the Second World War， when there was an increase in the number of persons with disabilities due to war-acquired injuries that the plight of persons with disabilities came to notice. The approach towards them， however， was that of charity. The Charity Model treats people with disabilities as helpless victims needing care and protection. It relies on charity and benevolence rather than justice and equality. The charity model justified the exclusion of persons with disabilities from mainstream education and employment.
The initial efforts of the government and individuals were based on this model. Since the post-War era， there have been various paradigmatic shifts within the discourse on disability. After the Charity Model came the Medical Model which assumed that the challenge experienced by persons with disabilities are directly related to their physical， sensory or intellectual impairments. It defines disability within the clinical framework and supports the belief that persons with disabilities are biologically and psychologically inferior in comparison to non-disabled persons. In contrast to the Medical Model came the Social Model， according to which individuals are disabled because of architectural， attitudinal and social barriers created by society. This model views disability as a consequence of oppression， prejudice and discrimination by the society against persons with disability. As per this model it is the society which constructs economic， social， health， architectural， legal， and cultural and other barriers limiting persons with disability from actively becoming a part of society. Over the past two decades there has been a dramatic shift in perspective， from the Charity Model to the Rights-based Model， under which disability is positioned as an important dimension of human culture. According to this model， all human beings irrespective of their disabilities have certain rights， which are unchallengeable. This model builds upon the spirit of the Universal Declaration of Human Rights， 1948， according to which， “all human beings are born free and equal in rights and dignity”； it lays emphasis on viewing persons with disabilities as subjects and not as objects. 第二次世界大战之后，战争负伤使得残疾人人数大量增加，这使残疾人第一次进入公众的视线。而对待他们的方式多以慈善为主。慈善模式将残疾人视为是无助的受害者，急需关心和照顾。这种模式依赖于捐助和爱心，而非正义和平等。慈善模式也使得残疾人被排斥在主流教育和就业之外。
政府和个人对于残疾人所做出的努力在初期都是基于这个模式。从战后年代开始，社会上有关残疾人的论述经历了几个范例性的转变。慈善模式之后紧接着是医疗模式，其认为残疾人所面临的挑战与他们身体上、感官上、智力上的损伤直接相关。这种模式在临床框架内对残疾进行定义，认为残疾人在生物学上和心理学上都劣于非残疾的人。与医疗模式形成对比的是社会模式，其认为人之所以残疾是出于社会所制造的建筑上的、态度上的和社会性的障碍。这种模式将残疾视为是社会对残疾人施以的压迫、偏见和歧视。依照这一模式，社会构成了经济、社会、健康、建筑、法律、文化和其他方面的障碍，限制残疾人积极地成为社会的一部分。在过去的二十年间，残疾被定位成是人类文化的一个重要构成部分。基于该模式，所有人类无论残疾与否都享有权利，这是不可挑战的。这一模式构成了1948年通过的《世界人权宣言》的核心精神，其声明“所有人类都生来自由，享受平等的权利和尊严”；它强调将残疾人视作是主体而非客体。
According to a recent World Report， it has been found that persons with disabilities are more prone to violence. Individuals with physical or mental disabilities are more prone and vulnerable to experiencing and being victims of physical， sexual， domestic， or non-domestic violence. Many people with disabling conditions are especially vulnerable to victimization because of their real or perceived inability to fight or flee， or to notify others and testify about the victimization. Often， as the person may be physically frail， the victimization may exacerbate existing health or mental health problems and there is a great risk of re-victimization. Within the Indian context， there are primarily two kinds of abuse that persons with disability may face； due to societal barriers， unacceptance and stigma：
Neglect： The wilful failure of a “caregiver” to fulfil his or her care-giving responsibilities that leads to physical harm through withholding of services necessary to maintain health and well-being； and，
Abandonment： Desertion， wilful forsaking， or the withdrawal or neglect of duties and obligations owed by the caregiver.
According to the National Sample Survey Organization data of 2001， 76.14 percent of India’s disabled population resides in rural areas. According to Child Relief and You （CRY） three percent of India’s children are born with an Intellectual Disability； this data also shows that 20 out of every 1000 children in rural areas are disabled as compared to 16 out of 1000 in urban areas.
近期的一份世界报告显示，残疾人更易受到暴力的影响。患有身体或精神残疾的人更容易成为武力威胁、性暴力、家庭暴力和非家庭暴力的受害者。许多有着残疾情况的人更易受到伤害，因为他们天生或后天不具备战斗或逃跑的能力，通知他人的能力，以及指正犯罪的能力。因为受害者往往身体较为脆弱，外界带来的伤害可能加重现有的健康或精神问题，而且还有极大的二次伤害的风险。在印度，由于社会障碍造成的不接受和羞辱，残疾人所面对的虐待基本有两种：
忽视：照料者有意的不履行他或她的给予照料的责任，通过拒绝给予维持健康和幸福所必需的服务导致身体伤害；
放弃：抛弃、有意的遗弃，或撤回或忽视照料者应履行的责任和义务。
根据全国抽样调查组织2001年的数据，印度76.14%的残疾人口居住在农村地区。来自“儿童救济和你”组织的数据显示3%的印度儿童为先天性智力残疾；该数据还显示在农村地区，每1，000个儿童中就有20个患有残疾，而这一比例在城市地区为千分之十六。 The Case study
案例研究
In this paper I shall be using the example of a case from Taka Village in Latur District of Maharashtra.
在本文中，我会使用来自马哈拉施特拉邦拉图尔区的塔卡村作为案例。
While collecting data of persons with disability in the village Taka， the lady helping us identify persons with disability in the village told us that down the road lived a “mad” boy who threw stones at people. My fellow students and I decided to visit the house of this “mad” boy. As we approached the house we saw a green rexine sheet set up like a tent. Thinking that it was a shed for cattle， we walked ahead to the door of the house. As we waited for someone to open the door， we noticed under the tent-like structure， a boy wearing only an ill-fitting， torn T-shirt， his face covered in mud and looking extremely malnourished. As we moved closer to him， he smiled； we noticed his hands were smeared with his own excrement. During the time that we stood there interacting with the child’s grandmother， the child sat there rubbing his eyes and putting in his mouth those same smeared hands.
The house was small with not sufficient space for four members， a kitchen and an area used as a bathroom -- its boundary made by tree branches. The family did not possess much， living in a humble manner， within whatever means available to them. The next day our entire group visited the house of the child， along with some local leaders and officials from the local school. The child then was enrolled in the school and his mother was asked to bring him to school every day for an hour. The family was counselled and told that the child must not be kept tied， that the child must be bathed regularly and fed properly； however， when we visited the house the next two days， the child was found kept tied again. It was decided to call ChildLine and request their intervention in the case. Through ChildLine， the child was taken to the civil hospital and was diagnosed with severe Intellectual Disability along with convulsion disorder； after the check-up， the child was produced before the Child Welfare Committee and a legal order was passed to institutionalize the child.
当我们收集塔卡村的残疾人数据时，帮助我们辨别村中残疾人的女士告诉我们，在村子道路的尽头，住着一个“疯”男孩，他会朝人们扔石头。我的学生和我决定去看看这个“疯”男孩的家。当我们快要走到房子的时候，我们看见一块绿色的仿皮布像帐篷一样被支起来，更像是个牛棚。我们走到房子的门前。当我们等待有人来开门的时候，我们注意到，在那个帐篷结构的下面，有一个身穿不合身的、破烂T恤的男孩，他的脸上布满泥土，看上去极度营养不良。我们往前走了走，与他靠得更近，他笑了；我们注意到他的手上沾着自己的排泄物。在我们与孩子的祖母沟通期间，他一直坐在那儿，用脏脏的手揉眼睛，还把手放进嘴里。
那所房子很小，对四个人来说空间并不够。厨房和一个被当作是洗手间的区域之间是用树枝隔开的。这个家庭拥有的不多，以一种他们能够谋得的方式谦卑的生活着。第二天，我们整个团队，以及一些当地的领导和当地学校的官员，一起拜访了男孩的家。他们接收了男孩入学，同时还要求孩子的母亲每天带他去学校学习一小时。他们还给了这个家庭一些建议，告诉他们不能这样将孩子绑住，要定期给孩子洗澡，还要给他提供合理的膳食。然而，当我们在接下来的两天又去探望孩子的时候，我们发现他再次被绑在了那里。后来我们决定拨打“儿童热线”，请求他们的介入。“儿童热线”带孩子去了医院，并检查出他患有严重的“智力残疾”伴有惊厥；体检之后，该男孩的情况被上报至“儿童福利委员会”，诉诸法律程序将儿童置于公共机构下进行照料。 While all this was going on， it was found that the mother had been separated from her husband before the village Nyaya Panchayat and that the husband had married twice after. Based on our observations， it was felt that the maternal grandmother， mother and the elder sister of the child were indifferent towards his condition； unlike the maternal grandfather who seemed to be immensely attached to the child. Each time the family was asked why the child was kept tied， the response would be the same： “if we leave him untied he runs away and throws stones at people”. But during the time we spent with the child， he never ran or threw stones. Occasionally yes， when he was tied he would throw stones， but not with the intention of hurting anyone， only as a playful gesture.
We again visited the child after a few days and found that the child was still being kept tied by the family. This time however， a different picture emerged. Our group interacted with the neighbours and it was found that the mother of the child herself faced violence at the hands of her parents； was forced to go work in the field every day and bring back money； that the grandmother would not touch the child or feed him even if he kept crying and yelling for food and that the mother had little or no choice but to keep her child tied.
当这一切还在进行中，我们得知那位母亲已经在正理派长老会的干预下与丈夫分开，并且丈夫已经在那之后又结了两次婚。基于我们的观察，我们感觉到母系的祖母、母亲和姐姐对孩子的状况比较冷漠；相反父系的祖父似乎更牵挂孩子。每次当家人们被问到为什么把孩子绑起来，回答都是一样的：“如果我们不把他绑起来，他会跑掉并朝别人扔石头。”但是在我们与孩子相处的时间里，他从来没有跑掉，也没有朝人扔石头。如果他被绑起来，他偶尔会朝别人扔石头，但也并不是想伤害谁，只是一种开玩笑的举动。
几天后，我们又去探望了孩子，发现他仍被家人绑在那里。但是这次我们又发现了新的情况。在与邻居的交谈中我们得知，孩子的母亲本身也遭受来自父母的暴力；她每天都被迫到田里劳作，把赚得的钱带回家；她的母亲不会接触孩子或给孩子喂饭，即使孩子一直哭喊着要食物，而她自己除了把孩子绑起来别无选择。
Confrontation
质证
In the case of this child， the nature of abuse faced by him was of both Neglect and Abandonment. The mother of the child， his primary care-giver， failed to fulfil her care giving responsibilities， such as giving him daily meals； a protective and nurturing environment； and his medicines for the convulsion disorder which had severely affected his physical health and well-being. The child although not deserted， faced abandonment as his family members were unable to fulfil their obligations as care-givers. His rights as a child and as a person with disability were violated at the same time. The UN Convention of the Rights of Persons with Disabilities talks about “discrimination on the basis of disability” meaning any “distinction， exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition， enjoyment or exercise， on an equal basis with others， of all human rights and fundamental freedoms in the political， economic， social， cultural， civil or any other field. It includes all forms of discrimination， including denial of reasonable accommodation.” The child’s movement was restricted due to his disability （he was kept tied）， he was treated differently from his non-disabled elder sister； and he was denied reasonable accommodation by his family who kept him tied outside the house in an undignified and inhumane manner. 在这个男孩的案例中，他所面对的虐待既有忽视又有放弃。男孩的母亲是首要的照料者，未能履行其照料的责任，如为男孩提供每日三餐；一个保护性的、培育性的环境；以及治疗惊厥的必要药物，因为疾病已经严重影响了男孩的身体健康和幸福。尽管男孩并未遭到遗弃，他仍然算是被放弃了，因为他的家庭成员不能履行作为照料者的职责。他作为儿童的权利和作为残疾人的权利被同时侵犯了。联合国《残疾人权利公约》所提到的“基于残疾的歧视”指“基于残疾的区别、排斥和限制，其目的或影响是，在与他人平等的基础上，损害或抵消人类认知、享受、实践在政治、经济、社会、文化、民事和其他任何领域的权利和基本自由。它包含各种形式的歧视，包括对合理膳宿的否定。”男孩的行动因为他的残疾而受到限制（他被捆起来），他受到与他的姐姐不同的待遇；他被家人剥夺了合理膳宿的权利，他们以一种毫无尊严和非人道的方式把他绑在房子的外面。
Article 2 of the United Nations Convention on the Rights of Child states that all children have the rights mentioned in the Convention no matter who they are， where they live， what their parents do， what language they speak， what their religion is， whether they are a boy or girl， what their culture is， whether they have a disability， whether they are rich or poor. These rights are universal and applicable to every child in the world. Article 19 states that a child has the right to protection from being hurt or mistreated， in “body or mind”； Article 23 states that if a child has a disability he/she is entitled to special education as well as the other rights mentioned in the Convention so that he/she can “live a full life”； Article 24 states that a child has the right to best health care， nutritious food， a clean and safe environment； Article 24 states that a child is entitled to help from the government if he/she is in need or poor. Article 39 states the right to help in case of hurt， neglect or maltreatment.
All the aforementioned provisions and rights were violated and denied in the case of the child， which reflects that although the legal provisions are there， there is somewhere a gap and the implementation of the same is not taking place. Due to the cultural perception of disability and the societal attitudes， persons with disability continue to face victimization despite there being sufficient legal provisions and various NGO’s -- national and international -- working for the cause； there has been little change in the picture. The child， in this case due to his disability -- a condition beyond his control -- became a victim of ignorance； lack of awareness； attitudinal barriers； lack of access to facilities which he is rightfully entitled to， stigmatization； lack of social support and exclusion.
A victim maybe defined as a person who suffers direct or threatened physical， emotional or financial harm as a result of an act by someone else. According to studies， children with disabilities may face three kinds of victimization： a） Peer Assault and Bullying； b） Sexual Victimization； and c） Maltreatment. The studies have also shown that children with disabilities are at an increased risk of victimization， maltreatment and neglect. This elevated risk is often attributed to the care-giving burden causing stress for the parents. This in the context of this case study was one of the contributing factors for the neglect of the child， since his mother， in addition to looking after him， had to earn， run the house and attend to other household chores， too. Reasons for maltreatment often could be aversion to certain traits/behaviours that the child may manifest as a part of his/her disability， which make socialization and caregiving more troublesome. 联合国《儿童权利公约》第二条款声明儿童享有《公约》中所述的权利，无论他们是谁，他们身居何处，他们的父母从事何职业，他们说何种语言，他们信仰何种宗教，他们是男是女，他们拥有何种文化，他们是否残疾、是否贫穷。这些权利统一适用于每一个儿童。第十九条款声明儿童享有被保护不受伤害和虐待的权利，无论“肉体还是精神”；第二十三条款声明如果一个儿童患有残疾，他/她理应接受特殊教育和享受其他《公约》中提到的权利，这样可以使他/她“度过完整的人生”；第二十四条款声明儿童有享受最优的健康医疗、营养饮食和清洁、安全的环境的权利；第二十四条款还声明儿童在需要救助或处于贫困中时应得到政府的帮助；第三十九条款声明儿童在伤害、忽视和虐待中享有被帮助的权利。
所有上述的法条和权利在男孩的案例中全部被侵犯和否定，这反应了尽管有相关的立法，但仍有执行方面的参差不齐。由于文化认知和社会态度等原因，尽管有充足的法律法规和致力于此的国内和国际的非政府组织，残疾人仍然是受害者。此案例中的男孩由于残疾——一个超出其能力范围的情况——成为了忽视、意识缺乏、态度障碍、必备基础设施的限制、污名化、社会支持缺乏和排斥的受害者。
受害者可以被定义为因他人行为而直接或潜在地在身体上、情感上或财务上遭受伤害的人。研究表明残疾儿童可能遭受三种类型的伤害：1.同辈侵犯和欺辱；2.性侵害；3.虐待。研究还显示残疾儿童遭受伤害、虐待和忽视的风险呈上升趋势。这种上升趋势通常是由于照料残疾儿童的负担给父母带来的压力。在这个案例中，这也是造成忽视男孩的一个原因，因为他的母亲除了照料他之外还需要挣钱、照看房屋和做家务。虐待的原因可能是因为反感儿童所患的残疾而带有的某种特点/行为，这使社会化和给予照料更为困难。
Theoretical discourse
理论论述
The case study could be better understood from a theoretical perspective using the Ecosystems theory. The ecosystems perspective focuses on the interplay between an individual and his/her environment. In order to understand the functioning of an individual， it is essential to understand his/her environmental context. As per Bronferbrenner， in order to understand human development one must consider the individual’s entire ecological system， which is composed of five socially organized subsystems. The Microsystem which is the most basic system referring to the individual’s immediate environment （parents， siblings， peers etc.）. The Mesosystem consists of the relationship between the various environments and settings the individual lives within. The Exosystem consists of the various external factors that influence the individual’s development such as parents’ employment， mass media or policy makers. The Macrosystem consists of the individual’s cultural beliefs， customs and laws which affect him/her as well as his/her family functioning. Lastly， the Chronosystem refers to the time and generation in which the individual is living.
In context of the case study， we see how the interaction between the various systems affects the child making him a “victim.” The individuals such as the grandparents， the mother and the sister present in the child’s immediate environment were detached from the child， thus the child faced neglect. The child and his family were also disconnected from their surrounding environment and the community since there was conflict； external factors such as his mother’s marital status and socio-economic position also affected his circumstances. Due to the lack of social support received by the mother and her own existing circumstances （separation from husband； violence inflicted by parents）， the mother could not provide the required care to the child. The macrosystem in this context plays an essential role， since the cultural and attitudinal perception of disability also affected the manner in which the child was treated. In a larger context， the Macrosystem -- the cultural beliefs and perceptions of persons with disabilities -- contribute to their victimization， exclusion and marginalization in society. 从生态系统理论的角度出发可以更好地理解本案例分析。生态系统的观点侧重于个人与其周边环境的相互作用。为了理解个人所发挥的作用，必须要理解他/她所处的环境背景。根据布朗芬布伦纳的理论，为了理解人类发展，我们必须考虑个人所处的整个生态系统，它由五个社会性的次级系统组成。其中，微观系统是最基础的系统，指个人所处的直接环境（父母、姐妹、同辈等）。中间系统是指各个微系统之间的联系或相互关系。外层系统包括影响个人发展的各种外界因素，如父母的就业、大众传媒或政策制定者。宏观系统指影响个人及其家庭运转的文化信仰、习俗和法律。最后，时间纬度指个人所处的时间和世代。
在本案例的背景中，我们可以看见各种系统对男孩的影响从而使他成为一个“受害者”。处于男孩的直接环境中的祖父、母亲和姐姐与男孩相脱离，因此男孩面临忽视。因为冲突，男孩和他的家庭也与周围的环境和社区脱节；他母亲的婚姻状态和社会经济地位等外部原因也影响了他所处的环境。由于他的母亲和其所处的环境（与丈夫分开；遭受父母的暴力）缺乏社会的帮扶，因而不能为男孩提供必要的照料。宏观系统在这个背景下发挥了关键的作用，因为对残疾的文化识别和态度也能够影响对待男孩的方式。在一个更大的背景下，微观系统——文化信仰和对残疾人的文化感知——导致他们在社会中遭受伤害、排斥和被边缘化。
Another perspective that could be used to view this case could be that of Erving Goffman’s theory of Stigma. Goffman viewed stigma as a process based on the social construction of identity and individuals who got associated with a stigmatized condition passed from being “normal” to “discredited” or “discreditable.” Stigmas often lead to negative attitudes giving rise to prejudices and discrimination. Goffman looks into both the social and psychological elements in the process of stigmatization and the psychological impact it has. Stigmatization can be overt. It can manifest as aversion to interaction， avoidance， social rejection， discounting， discrediting， dehumanization， and depersonalization of others into stereotypic caricatures. Goffman identified three kinds of Stigma -- stigma of character traits （mental disorders， homosexuality， unemployment）； physical stigma （physical deformities of the body） and stigma of group identity （race， religion， caste）. Goffman， as an example states that meeting the care needs of a child with a disability has a significant impact upon family members’ pre-existing work and social life patterns， but in addition families may also experience what is termed “courtesy stigma” （or “stigma by association”） because of their direct relationship to the child. The family will then have to cope with their own feelings of shame or guilt， and may attempt to distance themselves in various ways from the disability. This in the context of the above stated case study becomes very relevant.
另外一个可以用于分析本案例的理论是伊坦·戈夫曼的污记学说。戈夫曼将污记视为是一个过程，基于社会对于身份的构建，和个人与有污记的状况相联系，逐渐从“正常”过渡到“不足信的”，而后直至“耻辱的”。戈夫曼深入研究了污记化过程的社会和心理因素以及其心理学影响。污记化可以是公开性的。它可以通过厌恶到互动、回避、社会排斥、失信、抹黑、去人性化、人格解体等形式表现，直至成为刻板的形象。戈夫曼将污记分为三类——性格特质的污记（情绪失常、同性恋、失业），身体的污记（身体畸形和缺失）和集体身份的污记（种族、宗教、种姓）。戈夫曼举例说明照料残疾儿童会严重影响家庭成员的工作和社会生活模式，另外，因为家庭成员与儿童的直接关系，他们也可能经历所谓的“礼节污记”（或“通过联系构成的污记”）。家庭成员不得不应对他们自身羞辱或愧疚的情绪，还可能尝试各种方式使自己远离残疾。这一点在上述的案例研究中表现的十分明显。 Conclusion
结论
The stigma attached to disability and persons with disability along with the influence of various factors such as cultural and societal norms gives rise to negative attitudes and perceptions and societal barriers， which lead to the victimization of persons with disability. They more than often suffer neglect， abandonment and maltreatment， due to the lack of awareness regarding disability and the manner in which persons with disabilities have been perceived over the centuries. Although there has been a shift in the theoretical discourse on disability from the Charity Model to the Rights-based Model and there are plenty of policies and laws that push for the equal rights of persons with disability， little has changed in ground realities. Largely， because of lack of access to information and health services； lack of awareness and understanding about disability.
与残疾和残疾人有关的污记，以及如文化和社会规范等因素的影响加深了消极态度和认知，扩大了社会障碍，这导致残疾人遭受伤害。由于人们缺乏对残疾的认识，以及几个世纪以来所形成的对残疾人的认知，残疾人更频繁地遭受忽视、放弃和虐待。尽管残疾的理论论述经历了从慈善模式到权利为本模式的转变，并且有许多政策和法律推动残疾人的平等权利，实际情况却鲜有变化。一般来说，这是由于缺乏获取信息和健康服务的渠道；和缺乏对残疾的认识和了解。