People's Republic Of China Law Of Protection Of Disabled Persons

Original Language Title: 中华人民共和国残疾人保障法

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    (December 28, 1990 NPC Standing Committee's 17th meeting, on April 24, 2008, second meeting of the Standing Committee of the 11th National People's Congress amended) April 25, 2008 People's Republic of China presidential order (iii) the People's Republic of China Law on the protection of persons with disabilities has been created by People's Republic of China second meeting of the Standing Committee of the 11th National People's Congress adopted revised on April 24, 2008, is now revised on the
People's Republic of China Law on the protection of persons with disabilities announced that as of July 1, 2008.
People's Republic of China President Hu Jintao April 24, 2008 contents chapter I General provisions chapter II chapter III of the rehabilitation education the fourth chapter of labor and employment seventh chapter of cultural life in the fifth chapter the sixth chapter social security barrier-free environment in eighth chapter legal liability the Nineth chapter by-laws chapter I General provisions article in order to safeguard the legitimate rights and interests of persons with disabilities, developing undertakings for disabled persons, ensure equality for people with disabilities to participate fully in social life and share social material and cultural achievements, according to the Constitution, this law is enacted.
Article refers to persons with disabilities in terms of psychology, Physiology, Anatomy, some organizations, the loss of function or abnormal, total or partial loss of normal people engaging in certain activities.
Persons with disabilities including those with Visual, hearing and speech disabilities, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities, and other persons with disabilities.
Disability standards formulated by the State Council.
Thirdly, persons with disabilities in the political, economic, cultural, social and family life, enjoy equal rights with other citizens.
Civil rights and human dignity of people with disabilities are protected by law. Prohibition of discrimination on grounds of disability. Prohibition of insults, violence against people with disabilities.
Prohibit the dissemination through the mass media or other means to reduce damage personality of persons with disabilities.
Fourth State-aided method and support measures, giving special assistance to persons with disabilities, reduce or eliminate the impact disabilities and physical obstructions to ensure the realization of the rights of persons with disabilities.
Fifth disabled people's Governments above the county level shall be incorporated into the national economic and social development planning, strengthen the leadership, coordination, budget and the inclusion of disability requirements, establishing a stable funding mechanism.
Platform for career development of disabled persons, China State Council, local people's Governments at or above the county level development platform for China's disabled, disabled persons in their respective administrative areas the development plan and the annual programme of persons with disabilities in coordination of economic, social and career development.
The institutions of the people's Governments above the county level shall be responsible for disabled persons, is responsible for organizing, coordinating, directing, urging relevant departments to the cause of persons with disabilities.
People's Governments and relevant departments at all levels should be closely linked to persons with disabilities, hearing the views of persons with disabilities, in accordance with their respective responsibilities, do the work of persons with disabilities.
Sixth State to take measures to ensure persons with disabilities in accordance with the law, through a variety of ways and forms, the management of State Affairs, economic and cultural undertakings, and Social Affairs.
Laws, rules, regulations and public policies, major issues relating to rights of persons with disabilities and persons with disabilities, should hear the views of persons with disabilities and disability organizations.
Disabled persons presented to the State organs at all levels and organizations of persons with disabilities are entitled to disability, disabled persons career development advice and recommendations.
Article seventh the whole society should carry forward the humanitarian spirit, to understand, respect, care and help people with disabilities, support the cause of persons with disabilities.
The State encourages social organizations and individuals to provide persons with disabilities and service.
State organs, public organizations, enterprises, institutions and urban and rural grass-roots mass self-government organizations, should do their work for disabled persons within the scope.
National staff working with persons with disabilities and other persons shall fulfill its responsibilities and efforts to serve persons with disabilities.
Eighth China disabled persons ' Federation and its regional organization, on behalf of the common interests of people with disabilities, maintaining the lawful rights and interests of persons with disabilities, unity and education of persons with disabilities, services for persons with disabilities.
China disabled persons ' Federation and its local organizations in accordance with the laws, regulations and articles of association or entrusted by the Government, conduct work for disabled persons and mobilize social forces, developing undertakings for disabled persons.
Nineth fosterers for persons with disabilities to fulfil maintenance obligations.
The guardians of disabled persons must fulfil his duty of guardianship, respected guardian will protect legal rights of guardians.
Relatives and guardians of disabled persons should encourage and help enhance the self-reliance of persons with disabilities.
Prohibition of family violence against persons with disabilities, prohibition of maltreatment or abandonment of persons with disabilities.
Tenth State encourages self-esteem, self-confidence, self-improvement and self-reliance of persons with disabilities, to contribute to socialist construction.
Persons with disabilities shall abide by the laws and regulations, carry out their due obligations, public order and respect social ethics.
11th article national has plans to carried out disability prevention work, strengthening on disability prevention work of led, publicity, and universal maternal and child health and prevention disability of knowledge, established sound was born defects prevention and early found, and early treatment mechanism, for genetic, and disease, and drug, and accident, and disaster, and pollution and other disability factors, organization and mobilization social power, take measures, prevention disability of occurred, reduce disability degree.
State shall establish a system of survey of persons with disabilities, statistical surveys and analysis of the situation of persons with disabilities.
12th national and community for disabled war veterans, disabled for the public officer and other personnel to safeguard the interests of countries and peoples disability for special protection, give pensions and privileges.
13th have made remarkable achievements in the Socialist construction of persons with disabilities, to safeguarding the legitimate rights and interests of persons with disabilities and developing undertakings for disabled persons, for persons with disabilities service units and individuals that have achieved outstanding successes, recognize and reward people's Governments and relevant departments at all levels.
14th the third Sunday of May each year as the national zhucanri.
Chapter II recovery 15th State to protect the rights of persons with disabilities to rehabilitation services.
People's Governments and relevant departments at all levels should take measures to create conditions for the rehabilitation of the disabled, establish and perfect the system of rehabilitation services for persons with disabilities, and phased implementation of major rehabilitation projects to help people with disabilities restoration or compensation, enhance their capacity to participate in social life.
16th article rehabilitation work should from actual starting, will modern rehabilitation technology and China traditional rehabilitation technology phase combined; to community rehabilitation for based, rehabilitation institutions for backbone, disabled family for relies on; to practical, and easy line, and benefit wide of rehabilitation content for focus, priority carried out disability children rescue sex treatment and rehabilitation; development meet rehabilitation requirements of science and technology, encourages independent innovation, strengthening rehabilitation technology of research, and development and application, for disabled provides effective of rehabilitation service.
17th at various levels shall encourage and support social forces to set up rehabilitation institutions.
Local people's Governments and relevant departments at various levels shall organize and direct community services organizations, health care institutions, organizations of persons with disabilities, people with families and other social forces, carry out rehabilitation work.
Educational institutions for the disabled, welfare and other service providers for persons with disabilities, should create conditions for rehabilitation training activities.
Under the professional guidance of persons with disabilities and related staff, with the help of volunteers and relatives, efforts should be made for features, abilities and skills training.
Article 18th local governments at all levels and relevant departments should be driven by needs systematic establishment of the Department of rehabilitation medicine at health facilities, rehabilitation institutions for disabled persons, rehabilitation and training, personnel training, technical guidance, research and so on.
Article 19th medical schools and other relevant institutions should have plans to open rehabilitation courses, related professional and cultivate various types of rehabilitation professionals.
Governments and society take a variety of forms the technical training of personnel involved in the rehabilitation of; to the relatives of persons with disabilities, persons with disabilities, the staff and volunteers of universal knowledge, taught methods of rehabilitation.
20th relevant government departments should organize and support disabled persons, rehabilitation, assistive devices of the development, production, supply and maintenance services.
Chapter education 21st State shall guarantee the rights of persons with disabilities have equal access to education.
Governments at all levels should be the education of persons with disabilities as part of the national education, planning, strengthen the leadership, creating conditions for the education of persons with disabilities.
The Government, society and schools should take effective measures to solve the practical difficulties of disabled children and adolescents in school, helping it to complete compulsory education.
People's Governments at all levels is compulsory for students with disabilities, students from poor families free textbooks and boarding costs such as maintenance grant on beyond compulsory education of students with disabilities, students from poor families of disabled persons in accordance with relevant regulations of the State subsidy.
Article 22nd education, combining universal and improved, with a focus on universal principles, guarantees compulsory education, focus on the development of vocational education, and actively carry out pre-school education, and gradually develop senior middle school or higher education.
23rd article disabled education should according to disabled of physical and mental characteristics and need, according to following requirements implementation: (a) in for thought education, and education of while, strengthening physical and mental compensation and vocational education; (ii) according to disability category and accept capacity, take general education way or special education way; (three) special education of courses set, and textbook, and teaching method, and entrance and in school age, can has moderate elastic.
24th of the people's Governments above the county level should be based on persons with disabilities number, distribution and factors such as disability, reasonable educational institutions for the handicapped and encourage society to run schools and donate.
25th with the capability of general education general education institutions implement education of persons with disabilities, and to facilitate their learning and helping.
Ordinary primary schools and junior secondary schools, must admit to adapt their learning lives of disabled children and adolescents in school; ordinary senior middle schools, secondary vocational schools and institutions of higher learning must admit disabled candidates meet the admission requirements set by the State school, shall not refuse to admit her due to the disability; refuse to admit, parties or their relatives and guardians may request relevant departments, the departments concerned shall instruct the school to recruit.
General preschool education institutions should receive can adapt to their lives of children with disabilities. Article 26th disability early childhood, General pre-school education institutions with children with disabilities class, preschool special education institutions, welfare institutions for children with disabilities, children with disabilities, families, pre-school education for disabled children.

Lower secondary special education and general education institutions set up in special education classes, does not have a compulsory general education abilities of disabled children and juveniles.
Senior secondary special educational institutions and organizations to set up special classes of general education and vocational education institutions for the handicapped, to qualified persons with disabilities or above senior middle school education, vocational education.
Institutions should provide special education for persons with disabilities, rehabilitation, characteristic places and facilities.
27th Government departments, people's own unit and concerned community organizations should be carried out on persons with disabilities literacy, vocational training, business training and other adult education, encourage self-taught. 28th State planned to hold all kinds of special education teacher-training colleges and universities, professional, attached to special education classes in ordinary colleges and training, the training of special education teachers.
Ordinary normal schools shall offer curricula or lectures on special education content and make teachers with the necessary knowledge of special education.
Teachers of special education and sign language interpreters, special education allowance.
Article 29th relevant government departments should organize and support for Braille, sign language research and application, preparation and publication of special education teaching material, special education and teaching, appliances, and other accessories of the development, production and supply.
The fourth chapter employment article 30th State guarantees the right to work of persons with disabilities.
Governments at all levels should be on employment and manpower planning for persons with disabilities create employment conditions.
31st employment, centralized approach in conjunction with dispersed phase, adopt preferential policies and support measures, through multiple channels, multiple levels and in multiple forms, popularization of persons with disabilities in employment, stable and reasonable.
32nd Government organized the welfare of disabled persons and social enterprise, the blind massage and other welfare units, focus on arranging employment for persons with disabilities.
33rd State applies the system of arranging employment for persons with disabilities. State organs, public organizations, enterprises, institutions, private non-enterprise units shall arrange employment for persons with disabilities according to the proportion set, and select the appropriate type and post. Not up to the required ratio, in accordance with the relevant provisions of the State obligations to guarantee employment for persons with disabilities.
Exceeding a specified proportion of the employer to arrange employment for persons with disabilities encouraged by the State.
Employment of persons with disabilities and the specific measures formulated by the State Council.
34th State to encourage and support disabled graduates, start their own businesses.
Article 35th of local people's Governments at all levels and rural grass-roots organizations, shall organize and support disabled persons in rural areas engaged in farming, animal husbandry, handicrafts and other forms of productive labour. 36th State to arrange employment for persons with disabilities meet, exceed or centralized arrangements for employment of persons with disabilities of employers and self-employed persons with disabilities shall be given preferential tax and in production, management, technical, financial, material, space and other support.
Of States for self-employed persons with disabilities, from administrative fees.
Local people's Governments at or above the county level and their departments concerned shall determine appropriate production and operation of products, projects, giving priority to the welfare of disabled persons units of production or business operation and production characteristics of the welfare of disabled persons unit to identify certain products from its production.
Government procurement, should give priority to disabled persons working in the same condition and welfare units of product or service.
Local people's Governments at all levels should be developed for employment of persons with disabilities public welfare jobs.
To apply for self-employed persons with disabilities, the relevant departments should give priority to issuing business licenses.
For rural persons with disabilities involved in various types of production labour, relevant departments should be in production and services, technical guidance, agricultural supplies, purchase and sale of agricultural and sideline products and credit, to help.
37th Government departments concerned to set up public employment service agencies, employment services should be provided free of charge to persons with disabilities.
Organized by the Federation of the disabled persons with disabilities employment services shall organize free vocational guidance, placement services and vocational training, employment for persons with disabilities and the employer services and help recruit persons with disabilities.
38th State protection of the welfare of disabled persons units of property ownership and management autonomy from violations of their legitimate rights and interests.
In employee recruitment, job, promotion, job appraisal, remuneration, welfare, rest, leave, social security and so on, may not discriminate against persons with disabilities.
Disabled worker units should according to the characteristics of workers with disabilities, and provide adequate working conditions and labor protection, and according to the actual need for workplace reform, labor, equipment and facilities.
Countries take measures to safeguard the legitimate rights and interests of professional health and medical massage for the blind.
39th disabled employees where the unit should post technical training for disabled employees, improve their skills and technology.
40th no unit or individual is allowed to violence, intimidation or illegal restriction of personal freedom means forced labour of persons with disabilities.
Cultural life in the fifth chapter 41st State guarantees the right to equal participation in cultural life for persons with disabilities.
People's Governments and relevant departments at all levels encourage and assist disabled persons to participate in various cultural, sports, recreational activities, and actively create conditions and rich spiritual and cultural life of persons with disabilities.
Article 42nd cultural, sporting and recreational activities should be geared to the grass-roots level, integrating into society in the public cultural life, adapted to all kinds of different characteristics and needs of persons with disabilities, the broad participation of persons with disabilities. 43rd article Government and social take following measures, rich disabled of spirit culture life: (a) through broadcast, and movie, and TV, and newspaper, and books, and network, form, timely publicity reported disabled of work, and life, situation, for disabled service; (ii) Organization and support Braille books, and blind audio books and the other disabled books of prepared and published, according to blind of actual need, in public library established Braille books, and blind audio books library; (three) opened TV sign language program, Offering persons with disabilities special radio program, promoting television programs, film and added subtitles, commentary; (d) to organize and support persons with disabilities develop mass cultural, sports, recreational activities, special art performances and sports for the disabled, to participate in international competitions and exchanges (e) cultural, sport, recreational and other public venues, facilities and accommodations for persons with disabilities.
Plans to set up activities of persons with disabilities.
44th Government and community to encourage and assist disabled persons to engage in literature, art, education, science, technology, and other creative work that is useful to the people.
Article 45th Government and society of persons with disabilities and other mutual understanding and exchanges between citizens, persons with disabilities and with persons with disabilities story, carry forward the spirit of self-reliance of persons with disabilities, promote solidarity, fraternity, mutual aid society.
Sixth chapter 46th State shall guarantee the right of persons with disabilities to social security the social security rights.
Government and society to take measures to improve social security for people with disabilities, protect and improve the lives of people with disabilities.
47th unit shall, in accordance with the relevant provisions of the State where the persons with disabilities and their participation in social security.
Urban and rural grass-roots mass self-government organizations of persons with disabilities and families of disabled persons should encourage and assist disabled persons to participate in social security.
Life is difficult for persons with disabilities, in accordance with the relevant provisions of the State social insurance benefits.
48th people's Governments at various levels to life is difficult for persons with disabilities, through a variety of channels to give life, education, housing and other social assistance.
Local people's Governments at or above the county level to enjoy minimum living life after treatment is still the families of disabled persons with special difficulties, other measures should be taken to guarantee their basic living.
People's Governments at all levels to the poverty of persons with disabilities to basic medical care, rehabilitation services, configuration and replacement of necessary auxiliary equipment shall, in accordance with provisions to help.
Unable to take care of people with disabilities, local people's Governments at all levels should be given where the nursing allowance.
49th local people's Governments at all levels to work nothing, no support or dependency does not have the ability, without a source of persons with disabilities, in accordance with the provisions for support.
Organized by the State to encourage and support social forces supporting, fostering institutions for the handicapped.
Disability support, foster institutions and their staff shall not insult, abuse, abandonment of persons with disabilities. 50th people's Governments above the county level on public transport for people with disabilities, should give convenience and benefits according to the actual situation.
Persons with disabilities can carry the necessary assistive devices for free. Blind people with valid ID free travel on local buses, trams, subways, ferries and other public transport.
Books for the blind mailing free delivery.
State shall encourage and support units to provide telecommunications, radio and television services for the blind, hearing disability, speech disability to give concessions.
People's Governments at various levels shall gradually increase alternative care and support for people with disabilities.
51st Government departments and organizations of persons with disabilities shall establish and improve the community channel for contributions and services for persons with disabilities, and encourages and supports the development of persons with disabilities charity volunteers assisting the public service activities.
Seventh chapter 52nd State of barrier-free environment and the community should take measures to gradually improve the barrier-free facilities, promote the exchange of information accessibility, creating a barrier-free environment for the equal participation in society of persons with disabilities.
Governments at all levels should be the construction of barrier-free environment for overall planning, comprehensive coordination, strengthen supervision and management.
53rd of barrier-free facilities construction and renovation, and shall meet the practical needs of people with disabilities.
New construction, renovation and expansion, such as buildings, roads, transportation facilities, construction of barrier-free facilities should comply with the relevant national standards.
People's Governments and relevant departments at all levels shall, in accordance with barrier-free facilities construction regulations of the State, step by step has been completed and reconstruction of facilities, giving priority to promoting the daily life of persons with disabilities is closely related to the transformation of the public service.
Barrier-free facilities should be repaired and protected.
54th State to take measures to create conditions for Exchange of information accessibility for persons with disabilities.
People's Governments and relevant departments at all levels should take measures to facilitate access to public information for persons with disabilities.
National and Community research, development and appropriate use of information communication technology and products.
All types of entrance examination, organized by the national vocational qualification exams and as an examinations, with the participation of the blind, should be made available for the Blind Braille paper, electronic paper or be assisted by specialized staff. 55th public service agencies and public places should create conditions for persons with disabilities provide voice and text prompts, sign language, Braille, information exchange, such as services, and the provision of priority services and ancillary services.

Public transport should gradually meet the requirements of barrier-free facilities.
Public car park where conditions should be set up for the disabled parking.
56th organization departments to facilitate persons with disabilities to participate in the elections of the election; there are conditions, should be provided for the Blind Braille ballot papers.
57th State encourages and supports accessibility aids, barrier-free transport research and development.
Article 58th carrying guide dogs for the blind access to public places, shall comply with the relevant provisions of the State. The eighth chapter legal liability article 59th infringement of the legitimate rights and interests of persons with disabilities, can complain to the disabled persons ' organizations, organizations of persons with disabilities shall safeguard the legitimate rights and interests of persons with disabilities, entitled to require the relevant department or unit to investigate.
Relevant departments or units shall investigate and respond.
Organizations of persons with disabilities through litigation to preserve its legal rights and interests of persons with disabilities in need of help, and should be supported.
Organizations of persons with disabilities against the interests of particular groups of persons with disabilities are entitled to request the departments concerned to investigate and punish.
60th violations of the legitimate rights and interests of persons with disabilities, is entitled to require the relevant departments according to the law, or apply for arbitration to the arbitration body, or initiate litigation to the people's Court according to law.
To have financial difficulties or other causes in need of legal assistance or access to justice for persons with disabilities, assistance from the local legal aid agency or court shall, by law, provide legal assistance or legal aid.
61st in violation of the provisions of this law, against disability, appeals, complaints and accusations, prevarication, procrastination, suppression is not investigated, or the person making the complaint, complaints and accusations retaliates, by their work units, the competent authority or authorities shall be ordered to correct and shall be directly in charge of personnel and other persons directly responsible for disciplinary action.
State officials failing to perform their duties, infringe on rights of persons with disabilities does not stop or injured persons with disabilities has been given the necessary help, resulting in serious consequences, according to law by his entity or his upper level organs directly in charge of personnel and other persons directly responsible for disciplinary action.
62nd in violation of the provisions hereof, or otherwise diminish the damage of persons with disabilities by the mass media personality, culture, radio, film and television, journalism, publishing or other relevant competent authorities in accordance with their respective terms of reference shall be ordered to correct and given administrative penalty according to law.
63rd in violation of the provisions of this law, relevant education institutions refused to receive disabled students, or require additional conditions other than prescribed by the State school for students with disabilities, by the competent authority shall order rectification, and shall be directly in charge of personnel and other persons directly responsible for disciplinary action.
64th in violation of the provisions of this law, in recruitment and other aspects of discrimination against persons with disabilities, by the competent authority shall order rectification; disabled workers may initiate litigation to the people's Court according to law.
65th in violation of the provisions of this law, support, foster institutions and their staff to insult, abuse, abandonment of persons with disabilities, the directly responsible person in charge and other direct liable persons shall be given sanctions; activities contravening public security management shall be given administrative punishment.
66th in violation of the provisions of this law, construction, reconstruction and expansion of buildings, roads, transportation facilities, barrier-free facilities construction do not comply with the relevant national standards, or timely maintenance and protection of barrier-free facilities are not consequences, by the competent authorities according to law.
67th in violation of the provisions of this law, against the legitimate rights and interests of persons with disabilities, other laws, regulations, administrative sanctions, those provisions causing property damage or other damage, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.
Nineth chapter supplementary articles article 68th this law shall enter into force on July 1, 2008. (Xinhua News Agency, Beijing, April 24)