Law of the People's Republic of China on the Protection of Disabled Persons

Law of the People's Republic of China on the Protection of Disabled Persons

Order of the President [1990] No. 36

Adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990

Contents
Chapter I General Provisions
Chapter II Rehabilitation
Chapter III Education
Chapter IV Employment
Chapter V Cultural Life
Chapter VI Welfare
Chapter VII Environment
Chapter VIII Legal Liabilities
Chapter IX Supplementary Provisions

Chapter I General Provisions
　
Article 1 This Law is formulated in accordance with the Constitution for the purposes of protecting the lawful rights and interests of, and developing undertakings for, disabled persons, and ensuring their equal and full participation in social life and their share of the material and cultural wealth of the society.
　
Article 2 A disabled person refers to one who suffers from abnormalities or loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and who has lost wholly or in part the ability to engage in activities in a normal way.
"Disabled persons" refers to those with visual, hearing, speech or physical disabilities, mental retardation, mental disorder, multiple disabilities and/or other disabilities.
The criteria for classification of disabilities shall be established by the State Council.
　
Article 3 Disabled persons shall enjoy equal rights with other citizens in political, economic. cultural and social fields, in family life and other aspects.
The citizen's rights and personal dignity of disabled persons shall be protected by law.
Discrimination against, insult of and infringement upon disabled persons shall be prohibited.
　
Article 4 The State shall provide disabled persons with special assistance by adopting supplementary methods and supportive measures with a view to alleviating or eliminating the effects of their disabilities and external barriers and ensuring the realization of their rights.
　
Article 5 The State and society shall provide special assurance, treatment and pension to wounded or disabled servicemen and persons disabled while on duty or for protecting the interests of the State and people.
　
Article 6 The people's governments at all levels shall incorporate undertakings for disabled persons into plans for economic and social development through budget arrangement, overall planning and coordination and other measures under strengthened leadership with a view to ensuring that undertakings for disabled persons develop in coordination with economic and social progress.
The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures to coordinate departments concerned in the work for the disabled. The establishment of specific institutions shall be decided upon by the State Council and/or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Departments concerned under the people's governments at various levels shall keep in close contact with disabled persons, solicit their opinions and fulfil their respective duties in the work for disabled persons.
　
Article 7 The whole society should display socialist humanitarianism, understand, respect, care for and assist people with disabilities and support the work for disabled persons.
State organs, public organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their work for the disabled well, as is within their responsibility.
State functionaries and other personnel engaged in the work for the disabled should work hard to fulfil their lofty duties in serving the disabled.
　
Article 8 The China Disabled Persons' Federation (CDPF) and its local branches shall represent the common interests of disabled persons, protect their lawful rights and interests, unite, educate and provide service to disabled persons.
Disabled persons' federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.
　
Article 9 Legal fosterers of disabled persons must fulfil their duties toward their charge.
Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charge.
Family members and guardians of disabled persons should encourage and assist disabled persons to enhance their capability of self-reliance.
Maltreatment and abandoning of disabled persons shall be prohibited.
　
Article 10 Disabled persons must abide by laws, carry out their due obligations, observe public order and respect social morality.
Disabled persons should display an optimistic and enterprising spirit, have a sense of self-respect, self-confidence, self-exertion and self-reliance, and make contributions to the socialist construction.
　
Article 11 The State shall undertake, in a planned way, the work of disability prevention, strengthen leadership in this regard, publicize and popularize knowledge of eugenics and disability prevention, formulate laws and regulations dealing with disability-causing factors such as heredity, diseases, medical poisoning, accidents, calamity and environmental pollution and adopt measures to prevent the occurrence and aggravation of disabilities by organizing and mobilizing social forces.
　
Article 12 Governments and departments concerned shall award those disabled persons who make notable achievements in socialist construction and those units or individuals who make remarkable contributions to safeguarding the lawful rights and interests of, promoting undertakings for, and providing service to, disabled persons.

Chapter II Rehabilitation
　
Article 13 The State and society shall adopt measures of rehabilitation to help disabled persons regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.
　
Article 14 The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions at the core and the community as the base and relying on the families of disabled persons for support.
　　......