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UPDATED: September-5-2008  
Protection for the Disabled
 

Handicapped people in China are protected by the law and enjoy equal rights with other citizens. Moreover, the government has adopted some special measures to help them overcome all obstacles in the exercise of these rights.

On December 28, 1990, the Standing Committee of the National People's Congress (NPC)-the highest legislative body in China -adopted the Law on the Protection of the Disabled, the first of its kind in China. That snowy evening, more than 100 handicapped people, disregarding the dangerous and slippery roads, some in wheel chairs and some on their walking sticks or leaning on the arm of a relative, went to the Beijing Federation for the Disabled, to mark the occasion.

The promulgation of the law is the most important step China has taken to respond the UN World Action Programme Concerning the Disabled, according to Cui Naifu, executive president of the Chinese Organizing Committee of the UN Decade of Disabled Persons and minister of Civil Affairs.

Legislation Work

A 1987 sample survey shows that China has 51.64 million people-who are physically or mentally handicapped. They account for 5 percent of the nation's populace. Families with such persons make up 18.1 percent of the nation's total. Although great changes have taken place in their economic position, employment, education, cultural and recreational life, in general they still encounter more difficulties than their handicap-free counterparts.

While drawing up the rules and regulations, the Chinese government attached great importance to the protection of their rights and interests. The Constitution of the People's Republic of China, the Criminal Law, the Law of Criminal Procedure, the General Principles of Civil Law, the Law of Civil Procedure, the Marriage Law, the Inheritance Law, the Electoral Law and the Law on Compulsory Education all have clauses related to the disabled which stipulate that they enjoy equal rights with all other persons and, moreover, are granted special protection. The State Council and other related departments have also formulated a series of administrative rules and regulations concerning their recovery, education and employment. The China Five-Year Work Programme for Disabled Persons (1988-92), promulgated jointly by the State Planning Commission, State Education Commission, ministries of Civil Affairs, Finance, Labour and Public Health as well as the Chinese Federation for the Disabled and approved by the State Council in September 1988, explains in detail efforts to protect disabled persons. This programme has played an active role in promoting the government's effort in recent years. In addition, the standing committees of the local people's congresses at the provincial and municipal levels have promulgated a series of rules and regulations concerning the protection of legal rights and the interests of local handicapped residents.

The United Nations designated the period from 1983 to 1992 as the UN Decade of Disabled Persons. Since then, the NPC has put the protection of the rights and interests of the disabled on the top of the legislative agenda and made major progress in the field. In 1985, the Chinese Federation for the Disabled (previously the China Welfare Fund for the Handicapped) was entrusted by the NPC Standing Committee to draft the Law on the Protection of the Disabled. The draft was approved at the 17th Session of the Standing Committee of the Seventh NPC in October last year after 18 revisions over a six-year period beginning in 1985 and went into effect on May 15 of this year.

The law spells out the equal rights which disabled persons enjoy and guarantees the complete and equal participation of the disabled in social, material and cultural life. The law details rules and regulations concerning their employment, education, family life, cultural and physical activities, recovery and welfare and the duties of local governments and social welfare associations.

The Chinese Federation for the Disabled has urged the departments concerned to work out the detailed rules and regulations in accordance with the Law on the Protection of the Disabled, said Liu Xiaocheng, executive vice-president of council of the federation.

Protection of Rights

When disabled people meet prejudice and discrimination in society, the law provides them with the means to counteract such bias.

Lu Xuejun, a young man from Xiangtan County, Hunan Province, lost the use of his legs because of infantile paralysis. However, he studied very hard and received good marks in the 1990 entrance examination for institutions of higher learning. The university he applied for refused to accept him because of his physical conditions. An official working with the county federation of the disabled showed him the Law on the Protection of the Disabled which stipulates that the institutions of higher learning must enroll disabled students who meet state requirements. No college and university shall refuse to accept a disabled person because of his or her handicap. If a college does refuse, applicants can ask the departments concerned to review their case. The local federation introduced Lu to a lawyer working with the provincial federation of the disabled and, with the help of the provincial education commission, Lu was able to start his university studies last September.

Although disabled people who are discriminated against can report such cases to the public security bureau, only a few disabled people such as Lu are using the law to protect their rights and interests. To this end, the Chinese Federation for the Disabled and their local branches are trying to publicize the law through the use of photos, cartoons, pamphlets, tape recordings and videocorders in order to ensure that disabled persons know that help is available.

China first established welfare services in the 1950s to arrange jobs for the disabled persons. The State Council formulated the Regulations Concerning the Labour and Employment of the Disabled in the 1980s which reaffirmed the progress China had achieved in this field and, at the same time, encouraged the disabled persons to find jobs by themselves. By the end of 1990,governments at various levels had established 42,000 welfare enterprises which employed 750,000 disabled persons. The disabled people who work in general enterprises account for 1 percent of the total number of employees on the average. The employment situation for disabled persons is better in the urban enterprises which are required to employ disabled people according to a set percentage. In addition, some 40,000 disabled people are self-employed.

The educational departments have spared no effort implementing rules and regulations concerning the education of disabled people. At present, China has 820 special educational schools, excluding the 2,650 special educational classes in normal schools. These are 1.5 times and 4 times the number available in the early 1980s. The total enrollment of the physically and mentally handicapped students is 105,000 and, between 1985 and 1990, some 8,400 disabled students were enrolled in institutions of higher learning, secondary technical and vocational schools. The Changchun University in Jilin Province and the Binzhou Medical College in Shandong Province have established special departments for handicapped students.

To enrich the cultural and physical activities for the disabled people, local governments in various places have opened some 1,770 cultural and sports centres as was required by the law. Various kinds of calligraphy, painting, photo and stamp collection exhibitions, card, chess and ball games as well as track and field events and swim- ming competitions have been sponsored. The Chinese Ministry of Culture and the Federation for the Disabled have jointly organized two national art contests for the disabled. An art troupe of excellent disabled performers participated in the first and second China art festivals and made a tour of ten countries including Japan, the United States and the Soviet Union. At the US International Special Art Festival held in June 1989, handicapped Chinese artists won high praise from audiences because of their indomitable spirit and high artistic level. Handicapped Chinese sportsmen have won 198 golden medals at many international sports events and are proud to have qualified for the 1994 Far-East and South Pacific Regional Handicapped Meets to be held in Beijing.

Special Help

Although disabled people still encounter difficulties, the Chinese government has attached importance to the special measures adopted to protect them.

Sun Xun, a committee member of the Beijing Federation for the Disabled, has been paralyzed for 31 years. Several years ago she moved into a renovated house only to discover the contractors failed to build the special ramp for wheelchairs which was specified in the contract. The door to the kitchen and toilet was too narrow for her wheelchair. She filed suit against the builders based on the contract requirement as well as the Rules on the Design for the Urban Roads and Buildings for the Disabled. She won the suit. At present, her home is being redone according to the required specifications.

The disabled are.now receiving more material support than before. In addition to special construction facilities, many other measures, such as allowing blind people to use any means of transportation free of charge in urban areas, priority in purchase of transportation tickets, the ability to take free of charge any implement required for their mobility, free reading material for the blind and subsidies for the purchase of hearing-aids and artificial limbs. Also, research and production units receive extra funding from the state and enjoy other preferential policies if they make sports accessories for the disabled.

The law also stipulates that disabled students receive subsidies or stipends for their education. The central government has organized and supported the editing and publication of reading materials for the blind and deafmutes and for mentally handicapped people, supported the use of TV sign language programmes and of sign explanations and written material for some TV dramas and other programmes.

Measures to guarantee employment for the disabled, a critical problem,are explained in detail by the law. The enterprises employing the disabled as well as disabled selfemployed labourers can enjoy tax exemptions or reductions as well as priority in production, management, technology, funding, materials, equipment supply and land use. These enterprises have priority in arranging production of certain products needed by disabled people and enjoy exclusive rights in the production and management of some products. The disabled enjoy priority in receiving licenses to conduct private business, receive loans and use land. Statistics show that the employment rate of the disabled people has hit 50.19 percent in the urban areas and 60.55 percent in rural areas.

(Beijing Review p.19 No. 51, 1991)


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