Extract (Attention ! This is a scanned text. It may contain errors and deviate from the original)
LAW OF THE PEOPLE’ S REPUBLIC
OF CHINA ON THE PROTECTION OF
(Adopted at the 17th Meeting of the Standing Committee of the
Seventh National People’s Congress on December 28,1990. )
Chapter I General Provisions
Chapter I Rehabilitation
Chapter 11 Education
Chapter IV Employment
Chapter V Cultural Life
Chapter VI Welfare
Chapter VII Environment
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Article 1. [Purpose and Basis]
This Law is formulated in accordance with the Constitution for the purpose 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 society.
Article 2. [Definition, Categories and Criteria]
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 wholly or in part the ability to perform an activity in the way considered normal.
The term “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. [Protection of Rights]
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. [Special Assistance]
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. [Special Assurance]
The state and society shall provide special assurance, preferential treatment and pension for wounded or disabled servicemen and persons disabled while on duty or for protecting the interests of the state and people.
Article 6. [Responsibilities of Government]
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 people with disabilities. 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 respectively their own duties in the work for disabled persons.
Article 7. [Responsibilities of the Society]
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, non-governmental organizations, enterprises, institutions and urban and rural organizations at grassroots level should do their work for disabled persons well, as is within their responsibility.
State functionaries and other personnel engaged in the work for disabled persons should work hard to fulfil their lofty duties in serving disabled people.
Article 8. [Responsibilities of Disabled Persons’ Federation]
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.
CDPF shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.
Article 9. [Responsibilities of Fosterer, Guardian and Family Member]
Legal fosterers of disabled persons must fulfil their duties towards their charges.
Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charges.
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 [Obligations of Disabled Persons]
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 -strength and self-reliance, and make contributions to the socialist construction.
Article 11 [Prevention of Disabilities]
The state shall undertake, in a planned way, the work of disability prevention, strengthen leadership in this regard, publicize and popularize knowledge of good pre-natal and post-natal care as well as 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. [Award]
Governments and departments concerned shall award 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 people, promoting undertakings and providing service for disabled persons.
Article 13. [Responsibilities]
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. [Guiding Principle]
The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions as the core and the community-based rehabilitation as the basis 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. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so as to provide more effective rehabilitation service for disabled persons.
Article 15. [Implementation]
The governments and departments concerned should establish in a planned way medical rehabilitation departments (sections) in hospitals, set-up appropriate special institutions of rehabilitation and carry out clinical practice and training, scientific research, personnel training and work of technical guidance in the field of rehabilitation.
The people’ s government and departments concerned at various levels should organize and guide urban and rural community service networks, medical prevention and health care networks, 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 should create conditions for rehabilitation training activities.
Disabled persons with quidance from professional personnel and help from relevant staff, volunteers and family members, should actively take part in training programmes for functional recovery, and acquiring self -care ability and work skills.
The State Council and departments concerned shall determine priority rehabilitation projects by stages, formulate plans thereof and organize forces for their implementation.
Article 16. [Personnel Training]
Medical colleges and schools and other relevant educational institutes should, in a planned way, offer curricula and specialities 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 17. [Appliances]
Governmental departments concerned should organize and support the research, production, supply and maintenance of rehabilitation equipment, appliances for self-service, special utensils and other aids for disabled persons.
Article 18. [Responsibilities]
The state shall guarantee the right of disabled persons to education. People’ s governments at various levels should make education of disabled persons a component of the state educational programme, include it in their overall planning and strengthen leadership in this respect.
The state, society, schools and families shall provide compulsory education for disabled children and juveniles.
The state shall exempt disabled students who accept compulsory education from tuition and reduce sundry fees or exempt them from such fees according to actual situations. The state shall set up grant-in-aid to assist students who are poor and disabled.
Article 19. [Education According to Different Characteristics]
The education of disabled persons shall be carried out according to their physical and psychological features and needs and shall meet the following requirements :
1. Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural education;
2. Adopt ordinary or special methods of education according to different categories of disability and varied abilities of response of the disabled persons;and
3. The curricula, teaching materials and methods for special education and the age requirement for admission and schooling may be determined with appropriate f legibility.
Article 20.[Principle of Development]
The principle of combining popularization with upgrading of quality shall be implemented in education of disabled persons, with emphasis on the former. Priority shall be given to compulsory education and vocational and technical education while efforts shall be made to carry out preschool education and gradually develop education at and above the senior middle school level.
Article 21.[Channels of Education]
The state shall set up educational institutions for disabled persons and encourage social forces to run schools and donate funds for schools.
Article 22. [Methods of ordinary Education]
Ordinary educational institutions shall provide education for disabled persons who are able to receive ordinary education.
Ordinary primary schools and junior middle schools must admit disabled children or juveniles who are able to adapt themselves to life and study there; ordinary senior middle schools, secondary polytechnic schools, technical schools and institutions of higher learning must admit disabled students who meet the state admission requirements and shall not deny their admission because of their disabilities; in case of such denial, the disabled students, their family members or guardians may appeal to the relevant authorities for disposition. The relevant authorities shall instruct the schools concerned to enrol the students.
Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there.
Article 23. [Methods of Special Education]
Preschool education institutions for disabled children, classes for disabled children attached to ordinary preschool education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of disabled children shall be responsible for preschool education of disabled children.
Special schools at or below junior middle school level and special classes attached to ordinary schools shall be responsible for the implementation of compulsory education for disabled children and juveniles who are not able to respond to ordinary education.
Special schools and special classes attached to ordinary schools at or above senior middle school level, as well as institutions of vocational and technical education for disabled persons, shall be responsible for providing cultural education at or above senior middle school level and vocational and technical education for eligible disabled persons.
Article 24. [Adult Education]
Governmental departments concerned, units where disabled persons work and society shall carry out anti-illiteracy education, vocational training and other forms of adult education for disabled persons and encourage them to tap their talents in the self-taught way.
Article 25.[Teaching Staff]
The state shall systematically set up various forms of normal schools and specialities for special education at different levels and special education classes (departments) attached to ordinary normal schools to educate and train teaching staff for special education. Ordinary normal schools shall offer curricula or lectures on special education so that teachers in ordinary education may have some necessary knowledge of special education.
Teachers of special education and sign language interpreters shall enjoy allowances for special education.
Article 26. [Auxiliary Means]
Governmental departments concerned shall organize and support the research and application of braille and sign language, the compilation, writing and publication of special education teaching materials and the research, production and supply of teaching apparatus and other auxiliary facilities for special education.
Article 27. [Responsibilities]
The state protects disabled persons the right to work. People’ s governments at various levels shall formulate overall plans on employment of disabled persons and create conditions for their employment.
Article 28.[Guiding Principles]
Employment of disabled persons shall follow the principle of combining concentrative arrangement with dispersed arrangement. Preferential policies and measures of support and protection shall be adopted with a view to gradually popularizing, stabilizing and rationalizing employment of disabled persons through multiple channels, at various levels and in a variety of forms.
Article 29.[Concentrative Employment]
The state and society shall set up welfare enterprises for disabled persons, work-rehabilitation centres, Tuina-massage hospitals and clinics and other enterprises and institutions of welfare nature as a way of providing concentrative employment for disabled persons.
Article 30.[Dispersed Employment]
The state shall promote the employment of disabled persons by various units. People’ s governments at all levels and departments concerned shall organize and provide guidance in this regard. State organs, nongovernmental organizations, enterprises, institutions and urban and rural collective economic organizations should employ a certain proportion of disabled persons in appropriate types of jobs and posts. The specific ratio may be determined by the people’ s governments of provinces, autonomous regions and municipalities directly under the Central Government in line with their actual conditions.
Article 31. [Self-employment]
Governmental departments concerned shall encourage and assist disabled persons to obtain employment through voluntary organization or to open individual business.
Article 32.[Rural Labour]
Local people’ s governments at various levels and rural grassroots organizations shall organize and support disabled persons in rural areas to engage in farming, planting, animal breeding, handicraft industry and other forms of production.
Article 33. [Preferential Treatment and Assistance]
The state shall implement the policy of tax reduction or exemption in relation to welfare enterprises and institutions for disabled persons and self -employed disabled workers in urban and rural areas, and provide assistance in production, management, technology, capital, materials supply, working sites and other fields.
Local people’ s governments and departments concerned shall determine the types of products suitable for production by disabled persons, give priority to welfare enterprises for disabled persons to produce such products and gradually determine which products are to be produced exclusively by such enterprises.
Governmental departments concerned shall, in determining the quota for recruiting and employing workers and staff members, allot a certain proportion of the quota to disabled persons.
Departments concerned shall, in verifying and issuing business licenses, give priority to disabled persons who apply for licenses as self-employed workers or businessmen and give them preferential treatment in allotting work sites and loans and in other ways.
Departments concerned shall provide assistance for disabled persons engaged in various kinds of labour in rural areas by way of production services, technical guidance, supply of materials for agricultural use, collection and purchase of farm and sideline products and loans.
The state shall protect the property ownership and the managerial decision- making power of welfare enterprises and institutions for disabled persons, whose lawful rights and interests shall not be violated.
No discrimination shall be practised against disabled persons in recruitment, employment, obtainment of permanent status, promotion, determining technical or professional titles, payment, welfare, labour insurance or in other aspects.
No enterprises or institutions shall deny graduates assigned by the state from institutions of higher learning, polytechnic schools or technical schools solely on the ground of their disabilities; in case of such denial, the disabled graduates may appeal to departments concerned for disposition and the relevant departments shall instruct the enterprises or institutions concerned to accept the said graduate students.
Enterprises and institutions where disabled persons work shall provide the disabled workers with appropriate working conditions and labour protection.
Article 35.[Training of Employees]
Enterprises and institutions where disabled persons work shall provide in-service technical training for disabled employees with a view to upgrading their skills and techniques.