Law on the Protection of Persons with Disabilities
DECREE BY THE PRESIDENT
OF THE PEOPLE'S REPUBLIC OF CHINA
I hereby promulgate the Law of the People's Republic of China on the Protection of Persons with Disabilities revised at the 2nd Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on April 24th, 2008. This Law shall enter into force as of July 1st, 2008.
Hu Jintao (Signed)
People's Republic of China
April 24th, 2008
LAW OF THE PEOPLE’S REPUBLIC OF CHINA
ON THE PROTECTION OF PERSONS WITH DISABILITIES
(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28th, 1990, and revised at the 2nd Meeting of the Standing Committee of the Eleventh National People’s Congress on April 24th, 2008)
Chapter 1 General Provisions
Chapter 2 Rehabilitation
Chapter 3 Education
Chapter 4 Employment
Chapter 5 Cultural Life
Chapter 6 Social Security
Chapter 7 Accessible Environment
Chapter 8 Legal Liabilities
Chapter 9 Supplementary Provision
Chapter 1 General Provisions
This Law is formulated in accordance with the Constitution for the purposes of safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability, ensuring the equal and full participation of persons with disabilities in social life and their share of the material and cultural wealth of society.
A person with disabilities refers to one who has abnormalities of loss of a certain organ or
function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal.
The term "a person with disabilities" refers to one with visual, or hearing, or speech, or physical, or intellectual, or psychiatric disability, multiple disabilities and/or other disabilities.
The criteria for classification of disabilities shall be established by the State Council.
Persons with disabilities shall enjoy equal rights with other citizens in political, economic, cultural and social respects and in family life as well.
The rights and dignity of persons with disabilities as citizens shall be protected by law.
Discrimination on the basis of disability shall be prohibited. Insult of and disservice to persons with disabilities shall be prohibited. Disparagement of and infringement upon the dignity of persons with disabilities by means of mass media or any other means shall be prohibited.
The State shall provide persons with disabilities with special assistance by adopting supplementary methods and supportive measures with a view to alleviating or eliminating the impact of their disabilities and external barriers and ensuring the realization of their rights.
People's governments at and above the county level shall incorporate the work on disability into their economic and social development programs under strengthened leadership and with overall coordination, and shall include expenditure on disability programs in budget arrangements with a view to establishing mechanisms of guaranteed resources.
The State Council shall formulate the national program for the development of work on disability, and local governments at and above the county level shall adopt corresponding programs and annual plans for their respective administrative areas with a view to ensuring that the undertakings for persons with disabilities develop in coordination with economic and social progress.
Competent departments of people’s governments at and above the county level shall be designated to mobilize, coordinate and provide guidance for and supervision over relevant institutions in their work concerning persons with disabilities.
People’s governments at all levels and departments concerned shall keep in close contact with persons with disabilities, solicit their opinions and fulfill their responsibilities in the work on disability.
The State shall adopt measures to ensure that persons with disabilities, in accordance with the law and in various ways and manners, participate in the management of state affairs, economic and cultural undertakings and social affairs.
Opinions of persons with disabilities and their organizations shall be solicited in the formulation of laws, rules, regulations and public policies involving major issues concerning their rights and interests and the work on disability.
Persons with disabilities and their organizations have the right to put forward opinions and suggestions to state organs at various levels on the protection of the rights and interests and the development of the work on disability.
The whole society should display humanitarianism, understand, respect, care for and assist persons with disabilities and support the work on disability.
The State shall encourage social organizations and individuals to offer donation and service to persons with disabilities.
State organs, social groups, enterprises, institutions and self-management organizations in urban and rural communities should perform their respective functions on disability.
State functionaries and other personnel engaged in the work on disability should fulfill their duties in accordance with law and try their best to provide quality services.
China Disabled Persons’ Federation (CDPF) and its local organizations shall represent the common interests of persons with disabilities, protect their lawful rights and interests, unite persons with disabilities and enhance education among them and provide service for them.
The CDPF and its local organizations shall conduct work on disability and mobilize social forces in developing the undertakings for persons with disabilities in accordance with laws, regulations and its constitution or as commissioned by the government.
Legal fosterers of persons with disabilities must fulfil their duties towards their charges.
Guardians of persons with disabilities must fulfil their duties of guardianship and respect the will and safeguard the lawful rights and interests of their charges.
Family members and guardians of persons with disabilities shall encourage and help persons with disabilities to enhance their capability of self-reliance.
Domestic violence against persons with disabilities shall be prohibited. Maltreatment and abandoning of persons with disabilities shall be prohibited.
The State encourages persons with disabilities to have a sense of self-respect, self-confidence, self-strength and self-reliance, and make contribution to socialist development.
Persons with disabilities should abide by laws and regulations, carry out their due obligations, observe public order and respect social ethics.
The State shall undertake, in a planned way, disability prevention, strengthen leadership and publicity in this regard, popularise knowledge of maternal and infant health care as well as disability prevention, establish and improve mechanisms for the prevention, early detection and early treatment of birth defects, and mobilize social forces to take measures in dealing with disability-causing factors such as heredity, diseases, medication, accidents, calamity and environmental pollution, to prevent and alleviate disabilities.
The State shall establish a proper census system to conduct survey and analysis on the conditions of persons with disabilities.
The State and society shall provide special protection, consolation and favourable treatment to servicemen and veterans with disabilities and persons disabled in the line of duty or in safeguarding the interests of the country and the people.
People’s governments at various levels and departments concerned shall commend and award persons with disabilities who have achieved notable accomplishments in socialist development and those organizations or individuals who have done remarkable deeds in safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability and providing service for them.
The third Sunday of May every year shall be designated as the National Day for Supporting Persons with Disabilities.
Chapter 2 Rehabilitation
The State shall ensure that persons with disabilities enjoy rights to rehabilitation services.
People’s governments at all levels and departments concerned shall adopt measures to create conditions for rehabilitation of persons with disabilities, establish and improve the service systems and implement prioritised programs by stages to help persons with disabilities regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.
Realistic and practical rehabilitation programs shall be worked out to combine modern techniques with traditional Chinese techniques, and shall mostly be community–based with professional institutions playing the leading role and families of persons with disabilities as the basis. Emphasis shall be laid on projects which are practical, easily feasible and widely accessible, and high priority shall be given to salvage treatment and rehabilitation for children with disabilities. Science and technology for rehabilitation shall be developed, independent innovation shall be encouraged and efforts shall also be made in the research, exploration and application of new rehabilitation technologies so as to provide more effective service for persons with disabilities.
People’s governments at various levels shall encourage and support social forces in building rehabilitation institutions for persons with disabilities.
Local people's governments at various levels and departments concerned should organize and guide urban and rural community service networks, medical prevention and health care networks, organizations and families of persons with disabilities and other social forces in carrying out community-based rehabilitation programs.
Educational institutions, welfare agencies and other service organizations for persons with disabilities should create conditions for rehabilitation training activities.
Persons with disabilities under guidance from professionals and with help of relevant staff, volunteers and family members, should actively take part in training programs for functional recovery, and for acquiring self-care ability and work skills.
Local People’s governments at various levels and relevant departments shall, in accordance with practical need, establish in a planned way medical rehabilitation departments (sections) in hospitals, set up rehabilitation institutions for persons with disabilities, and provide medical rehabilitation services, offer personnel training and technical guidance, and carry out scientific research.
Medical colleges and other relevant schools shall, in a planned way, set up relevant disciplines to offer rehabilitation courses so as to develop different types of rehabilitation specialists.
The government and the society shall provide various forms of technical training to rehabilitation workers; popularize knowledge on rehabilitation among persons with disabilities, their family members, relevant staff and volunteers engaged in this work, and teach them rehabilitation methods.
Government departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation equipments and supplementary appliances.
Chapter 3 Education
The State shall guarantee the right of persons with disabilities to education.
People’s governments at various levels shall take the education of persons with disabilities as a component of the state educational program, include it into their overall planning, and strengthen leadership and guidance, so as to create conditions for persons with disabilities to receive education.
The government, the society, and schools shall take effective measures to address difficulties faced by children and juveniles with disabilities in schooling, and help them complete compulsory education.
People’s governments at various levels shall provide free textbooks to students with disabilities and those from poor families with disabled parents, and offer them boarding allowances and other aids when they are receiving compulsory education; and as regards these people who are receiving other forms of education, assistance shall be given according to relevant regulations of the State.
Education for persons with disabilities shall be developed in terms of both the expansion of access and upgrading of the levels, with more emphasis on the former. Priority shall be given to guaranteeing compulsory education and developing vocational and technical education while efforts shall be made to carry out preschool education and gradually develop education at and above the senior high school level.
Education for persons with disabilities shall be based on their physical and psychological features and needs, which should be carried out according to the following principles:
1) Strengthening physical and psychological compensation and vocational and technical training in addition to moral and knowledge teaching;
2) Adopting ordinary or special educational methods according to different types of disabilities and the ability of learning;
3) Allowing appropriate flexibility in determining the curricula, teaching materials and methods and the age requirement for admission and graduation for special education.