Law of the People's Republic of China on the Protection of the Disables (Revised in 2008)
Law of the People's Republic of China on the Protection of the Disables (Revised in 2008)
Law of the People's Republic of China on the Protection of Disabled Persons (Revised in 2008)
Order of the President of the People's Republic of China No. 3
April 24, 2008
The Law of the People's Republic of China on the Protection of Disabled Persons was amended and adopted at the 2nd Session of the Standing Committee of the 11th National People's Congress on April 24, 2008; the Law of the People's Republic of China on the Protection of Disabled Persons, as amended, is hereby promulgated, and shall come into effect on July 1, 2008.
President of the People's Republic of China: Hu Jintao
Appendix: Law of the People's Republic of China on the Protection of Disabled Persons
(Adopted at the 17th Session of the Standing Committee of the 7th National People's Congress on December 28, 1990, and amended at the 2nd Session of the Standing Committee of the 11th National People's Congress on April 24, 2008)
Contents
Chapter I General Provisions
Chapter II Rehabilitation
Chapter III Education
Chapter IV Employment
Chapter V Cultural Life
Chapter VI Social Security
Chapter VII Barrier-free Environment
Chapter VIII Legal Liability
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 has lost in whole or in part the ability to perform an activity in the way considered normal.
Disabled persons refer 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 based on disability shall be prohibited. Insult of and infringement upon disabled persons shall be prohibited.
It shall be prohibited to derogate the personal dignity of disabled persons through mass media or by other means.
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 people's governments at and above the county level shall include undertakings for disabled persons into the national economic and social development plan, intensify the leadership, conduct overall coordination and incorporate the operating funds for undertakings for disabled persons into the fiscal budget so as to establish a stable operating fund guarantee mechanism.
The State Council shall work out an outline for the development of undertakings of disabled persons in China; the local people's governments at and above the county level shall, according to the outline for the development of undertakings of disabled persons in China, work out programs and annual plans on the development of undertakings for disabled persons within their respective administrative areas with a view to ensuring that undertakings for disabled persons develop in coordination with economic and social progress.
The institutions responsible for the work for disabled persons under the people's governments at and above the county level shall be responsible for organizing, coordinating, directing and urging the departments concerned in the work of undertakings for disabled persons.
The departments concerned under the people's governments at various levels shall keep in close contact with disabled persons, solicit their opinions and fulfill respectively their own duties in the work for disabled persons.
Article 6 The state shall take measures to ensure that disabled persons participate in the administration of the state affairs, economy, cultural undertakings and social affairs through various channels and in various forms in accordance with the law.
In the formulation of laws, regulations, rules and public policies, the opinions of disabled persons and of their organizations shall be solicited on significant issues involving the rights and interests of disabled persons and undertakings for disabled persons.
Disabled persons and their organizations have the right to express their opinions and offer suggestions to the state organs at various levels on the protection of the rights and interests of disabled persons, development of undertakings for disabled persons, etc.
Article 7 The whole society should carry forward humanitarianism, understand, respect, care for and assist disabled persons and support the work for disabled persons.
The state encourages social organizations and individuals to provide disabled persons with donations, assistance and service.
State organs, social organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their work for disabled persons well, as is within their responsibility.
State functionaries and other personnel engaged in the work for disabled persons shall fulfill their duties in accordance with the law, and endeavor to serve disabled persons.
Article 8 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 disabled persons, and provide service for disabled persons.
The CDPF and its local branches shall, in accordance with laws, regulations, articles of association or government authorization, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.
Article 9 Legal fosterers of disabled persons must fulfill their duties towards their charges. Guardians of disabled persons must fulfill their duties of guardianship, respect the will and protect the lawful rights and interests of their charges.
Family members and guardians of disabled persons shall encourage and assist disabled persons to enhance their capability of self-reliance.
Civil violence against disabled persons as well as maltreatment and abandoning of disabled persons shall be prohibited.
Article 10 The state encourages disabled persons to insist on self-respect, self-confidence, self-improvement and self-reliance and make contributions to the socialist construction.
Disabled persons shall abide by laws and regulations, perform their due obligations, observe public order and respect social morality.
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 maternal and infant health care as well as disability prevention, establish and improve the mechanism for prevention, early detection and early treatment of birth defects, formulate laws and regulations dealing with disability causing factors such 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.
The state shall establish and improve the statistical investigation system for disabled persons so as to conduct statistical investigation and analysis of the status of disabled persons.
Article 12 The state and society provide special security, preferential treatment and pension for disabled servicemen and persons disabled in the line of duty or while protecting the interests of the state and people.
Article 13 Governments and departments at all levels shall award and encourage those disabled persons who have made notable achievements in socialist construction and those units or individuals who have made remarkable contributions to safeguarding the lawful rights and interests of disabled persons, promoting undertakings and providing service for disabled persons.
Article 14 The third Sunday of May each year is the National Day for Helping the Disabled.
Chapter II Rehabilitation
Article 15 The state guarantees disabled persons' right to enjoy rehabilitation service.
The people's governments and departments concerned at all levels shall adopt measures to create favorable conditions for the rehabilitation of disabled persons, establish and improve the rehabilitation service system for disabled persons, carry out key rehabilitation projects in phases, help disabled persons regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.
Article 16 The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with the community-based rehabilitation as the basis and rehabilitation institutions as the core and relying on the families of disabled persons for support; emphasis shall be laid on rehabilitation projects which are practical, easy to realize and widely beneficial, and priority shall be given to the salvage treatment and rehabilitation of disabled children; scientific technologies meeting the rehabilitation requirements shall be developed, independent innovations shall be encouraged, and research, exploration and application of new rehabilitation technologies shall be strengthened, so as to provide more effective rehabilitation service for disabled persons.
Article 17 The people's governments at all levels shall encourage and support social forces to set up rehabilitation institutions for disabled persons.
The people's government and departments concerned at all levels shall organize and guide urban and rural community service organizations, medical prevention and health care organizations, organizations and families of disabled persons and other social forces in carrying out community-based rehabilitation work.
Departments of education, welfare enterprises and institutions and other service organizations for disabled persons shall create conditions for rehabilitation training activities.
Disabled persons under guidance from professional personnel and help from relevant staff, volunteers and family members, should actively take part in training programs for functional recovery, and acquiring self-care ability and work skills.
Article 18 The people's governments and departments concerned at all levels shall, in a planned way, establish medical rehabilitation departments in hospitals, set up appropriate special institutions of rehabilitation and carry out clinical practice and training, personnel training, technical guidance and scientific research in the field of rehabilitation.
Article 19 Medical colleges and schools and other relevant educational institutes shall, in a planned way, offer curricula and specialties on rehabilitation so as to train various kinds of rehabilitation specialists.
The state and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of rehabilitation.
Article 20 Government departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation equipments and other aids for disabled persons.
Chapter III Education
Article 21 The state guarantees the equal right of disabled persons to education.
The people's governments at all levels shall make education of disabled persons a component of the state educational program, include it in their overall planning and strengthen leadership in this respect and create conditions for disabled persons to receive education.
The government, society and schools shall take effective measures to solve the actual difficulties in the schooling of disabled children and teenagers, and help them finish the compulsory education.
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