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Shanxi Province, To Protect The Legitimate Rights And Interests Of Persons With Disabilities Regulations

Original Language Title: 山西省保障残疾人合法权益规定

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(Adopted by the 90th Standing Committee of the People's Government of San Francisco on 12 December 2006 No. 196 of 23 December 2006 by the People's Government Order No. 196 of 23 December 2006 (Act of 1 February 2007)

Chapter I General
Article 1, in order to preserve the legitimate rights and interests of persons with disabilities, promotes the overall development of the cause of persons with disabilities, in accordance with the People's Republic of China Act on the Protection of the Rights of Persons with Disabilities and the approach to the implementation of the People's Republic of China Act on the Protection of Persons with Disabilities, which is in line with the practice of this province.
Article 2 Persons with disabilities holding the People's Republic of China Disability Procedural Code, which is applicable in the territorial administration of the province, are not carried out in accordance with the relevant provisions of this provision.
Article 3 is responsible for organizing the implementation of this provision at all levels of the people's Government.
All levels of the Government's disability working body are responsible for the organization, coordination, guidance and promotion of the work of persons with disabilities.
The relevant executive authorities at the district level have been able to work with persons with disabilities in accordance with the law within their respective responsibilities.
The Disabled People's Federation is entrusted with monitoring of the implementation of this provision by the same-ranking people's Government.
Article IV. Governments at all levels should support and guarantee the development of the cause of persons with disabilities, should include the requirements in the financial budget and increase by year, with economic development; and organize a proportion of the current level raised in the public goods issued for the development of the disabled.
Article 5 Government advocates citizens at all levels and organizes a certain time each year as a volunteer day to carry out maiming activities.
More than the people's governments at the district level should recognize and reward units and individuals that have made a significant contribution to guaranteeing the legitimate rights and interests of persons with disabilities.
Chapter II Prevention and rehabilitation
The relevant sectors of the population at the district level should strengthen the leadership of disability prevention efforts, promote, promote and promote knowledge of good-quality and prevent disabilities, and take measures in accordance with the law to prevent disability resulting from genetics, diseases, drug poisons, accidents, environmental pollution and other factors.
Article 7. The Government of the people at the district level should, in practice, build up a system of social rehabilitation services based on professional rehabilitation institutions that provide comprehensive and effective rehabilitation services for persons with disabilities.
Article 8. All levels of the people's Government and the authorities of the people at the district level, the Disabled People's Federation should develop rehabilitation plans and organize the implementation of the organization, in conjunction with the needs of persons with disabilities.
Governments at all levels and the relevant sectors of the population at the district level should have plans to establish a rehabilitation medicine section at public hospitals, to organize specialized rehabilitation institutions for persons with disabilities, and to encourage and facilitate rehabilitation institutions for persons with disabilities, to undertake rehabilitation and training, disease prevention, training of personnel, technical guidance, scientific research.
All levels of the people's Government and the relevant sectors of the population at the district level should organize and guide rural and urban community service networks, health-care networks, organizations of persons with disabilities, families of persons with disabilities and other social forces for community rehabilitation.
Education institutions for persons with disabilities, welfare enterprises and other institutions for persons with disabilities should create conditions for rehabilitation training activities.
Persons with disabilities are trained in functional, self-sustainable and labour skills, with the guidance of professionals and with the assistance of staff, volunteers and relatives.
Article 9. Various health-care institutions at all levels are exempted from medical treatment for persons with disabilities; the need to conduct large-scale equipment inspections such as CTs, MRI, colour-based polypuls is reduced by 10 per cent in accordance with the standard of fees; and, in the case of inpatient and operational treatment, 15 days of inpatient charges are reduced by 10 per cent in accordance with the prescribed fee rates, 5 per cent for more than 15 days, 10 per cent for operating expenses and 10 per cent for all incontroduction; and
Article 10. Governments at all levels and the relevant sectors of the population at the district level should incorporate rural persons with disabilities into new rural cooperation medical coverage, pay for new types of rural cooperation for persons with disabilities who voluntarily participate in new types of rural cooperative medical treatment, and for new types of rural cooperation medical costs paid by individuals are borne by the local government.
Persons with disabilities in working units participate in basic health insurance and pay in accordance with the relevant provisions of the integrated area; persons with disabilities who are employed in a flexible manner may participate in basic health insurance in accordance with the flexibility of employment personnel in the integrated area.
Article 11. Civil administration authorities at all levels should incorporate eligible persons with disabilities into urban and rural health care systems. In one of the following cases, a written request was submitted by himself to the civil administration authorities in the place of the household and was made available in accordance with the local Government's urban and rural medical remedies.
(i) Non-working units that do not participate in basic health insurance and persons with disabilities who are under-insecure;
(ii) Persons with disabilities whose personal burden is more likely to affect the basic life of the family after participating in new rural cooperative medical treatment;
(iii) After taking part in the basic health insurance of the urban workers, persons with disabilities whose personal burden affects the basic life of the family.
Article 12. The Government of the people at the district level may incorporate rehabilitation projects such as the help of persons with disabilities, the assistance of the hearing and the provision of special funds for the benefit of public goods.
FIDH may grant assistance to the disability rehabilitation service project through a variety of channels such as social collectability and personal contributions.
Chapter III Education
Article 14. Governments at all levels should integrate the education of persons with disabilities as an important part of the national education cause, integrate planning, scientific arrangements and guarantee the right of persons with disabilities to education.
All types of kindergartens, preschool classes should guarantee preschool education for children with disabilities. Health institutions, preschool institutions with disabilities should provide advice and guidance on early detection, early recovery and early education for children with disabilities.
Article 16 provides that all categories of general high-level secondary schools, secondary vocational schools, technic schools, higher colleges and adult educational institutions should be admitted to school for disability that meets the criteria set by the State, without denying admission because of their disability.
Article 17 Governments of more people at the district level should establish specific funding for education for persons with disabilities in accordance with the law.
Students with rural and urban disabilities and children of poor persons with disabilities in preschool education, compulsory education phases should be exempted from school fees, textbooks and adequate living benefits.
The fees provided in the preceding paragraph are not compulsory and accessible to public education institutions, which can be adequately funded from the employment security of persons with disabilities.
Article 18 Governments at all levels should incorporate the construction of special education schools into overall planning for the development of education.
In accordance with the need for higher special education, the Government of the communes can organize more than a special secondary school for persons with disabilities (working) in accordance with the need to do so; the Government of the population at more than 300,000 district levels should construct or restructure a special education school independent, with conditionality to the establishment of special education schools for persons with disabilities.
Article 19 Governments should strengthen vocational skills education for persons with disabilities. The special education schools (educational, professional, general schools) are attached to special education classes and vocational education institutions for persons with disabilities, while promoting vocational technical education for eligible persons with disabilities.
Article 20 Governments and their relevant departments should establish vocational skills education training institutions for persons with disabilities, with corresponding skills training for persons with disabilities in different categories.
Article 21
The unit of persons with disabilities should provide cultural and vocational technical education for persons with disabilities in line with their characteristics and encourage the self-learning of persons with disabilities.
Article 2
Article 23
The laws, regulations and national policies provide for their provisions.
Article 24
Article 25 Education administration authorities and special education schools at all levels should enhance education and management of students with disabilities and effectively guarantee their physical property and rights against abuse.
Chapter IV Labour employment
Article 26 Governments at all levels should plan for the integration of employment of persons with disabilities, adopt preferential policies and affirmative measures in accordance with the approach to stabilization of welfare enterprises, the promotion of individual employment and the promotion of employment of persons with disabilities.
The labour market and the talent market, which belongs to the Government of the District, should establish a special window for employment of persons with disabilities, actively recommend persons with disabilities to the user's unit and exempt from receipt of the personnel files of persons with disabilities, the care of the personnel relationship; and the various user units may not refuse to receive persons with disabilities in the recruitment of staff.
Article 28 (Central) People's Government and Street Offices should prioritize the placement of persons with disabilities that are suited to job requirements.
Article 29 provides for employment of persons with disabilities and shall enter into labour contracts with workers with disabilities; pay the wages of workers with disabilities in full and in accordance with the law for social insurance such as old, medical, unemployment, work injury and maternity; and give priority to contracts for workers with disabilities who have completed the contract.
In the event of difficulties in the production of business and in the conduct of an economic discretion, there is general no reduction in the number of workers with disabilities; business restructuring, reflexibilization, as far as possible avoiding the placement of disabled workers; business continuity and bankruptcy and the need for the placement of a worker with disabilities; trade union opinions of this unit should be sought in advance and, in accordance with national provisions, “renewable employment” to guarantee their access to enabling policies for re-employment.
Any person's unit shall not be removed from the labour relationship with a disability worker without the delay. The opinion of the Federation of Persons with Disabilities at the district level of the unit's trade union and unit location should be sought in advance in connection with the determination of the need for the removal or termination of labour relations with a disability worker.
The law, legislation and regulations provide otherwise, from their provisions.
Article 33 organs, groups, business units and other economic organizations within the territorial administration of the province shall arrange employment of persons with disabilities or pay employment guarantees for persons with disabilities in accordance with the provisions on employment of persons with disabilities in the mountainous province.
Article 31
(i) State-owned enterprises that do not arrange employment of persons with disabilities and arrange for employment of persons with disabilities to be paid by local tax authorities, including the Central Department of Corporate Enterprises, the Institutional Entrepreneurship, the private sector and other enterprises;
(ii) Individual economic organizations registered in the business administration sector and individual businessmen, who should pay employment guarantees for persons with disabilities, which are charged by the business administration sector;
(iii) The full allocation of organs, groups, business units and other units with financial arrangements for public use should be paid after the same year's review by the Federation of Persons with Disabilities; unpaid payments were made by the same financial administrative authorities.
The collection, deduction of employment guarantees for persons with disabilities and the supervision of the same-level audit and financial administration authorities.
Article 32 Governments at all levels should encourage and support welfare enterprises to pool employment of persons with disabilities. For persons with disabilities with the spirit of labour capacity, the specialized physician has proved that they can be able to carry out their work and include the proportion of welfare enterprises in the organization of employment for persons with disabilities, and the tax sector should pay taxes such as national tax credits, income taxes, value added taxes.
Civil affairs, tax administrations should strengthen the supervision and management of welfare enterprises at the district level, and the Disabled People's Federation at all levels should monitor the status of benefits of welfare enterprises for workers with disabilities.
Article 33, with respect to persons with disabilities seeking to engage in a personal business, the business administration sector should give priority to a licence of nuclear business and, in accordance with the State's provisions, the cost of relief; and the tax administration should be exempted in accordance with the relevant provisions of the State.
Article 34 Trade unions at all levels, associations of persons with disabilities should assist the labour and social security administration authorities in strengthening monitoring and inspection of employment for persons with disabilities.
Chapter V Cultural life
Article 35 Governments at all levels should organize cultural sports activities for persons with disabilities, in line with the different characteristics and needs of persons with disabilities, to meet the spiritual cultural needs of persons with disabilities.
Social culture, sports institutions and places should facilitate and preferential services for the participation of persons with disabilities in cultural, sports and recreational activities.
Article 36 Governments and social organizations at all levels should take the following measures to meet the spiritual cultural needs of persons with disabilities:
(i) To reflect the lives of persons with disabilities by means of radio, film, television, newspapers, books and networks;
(ii) The establishment of the Blind and Blind Memorial Library, which is conditional (markets, districts) and the above-ranking public libraries in the districts; the TV programme, and the scription of public television programmes;
(iii) The thematic column on persons with disabilities was established at all levels of radio stations. Public media advertisements that reflect the cause of persons with disabilities without compensation;
(iv) Organizing and enabling persons with disabilities to carry out mass cultural, sports, recreation activities, organizing artistic and disability movements for persons with disabilities and participating in national and international sporting events;
(v) Public cultural and sports places, such as parks, animal parks, harsh gardens, tourist areas (points), cultural reserves, exhibitions, museums, cultural events centres, science and technology activities centres, theatres, sports clubs, etc., free of charge for persons with disabilities who visited the study, 1 to 2 persons with disabilities with heavy disabilities.
Article 37 Governments of more than 15 per cent of public-friendly sports funds each year should be allocated to the cause of sports for persons with disabilities.
Article 338 Funds for public-friendly sports should be used for the following projects:
(i) Participation in the funding grant for sports;
(ii) Training assistance for sports officers;
(iii) Rehabilitation of sports premises and facilities;
(iv) Support for community-based sports activities for persons with disabilities;
(v) Other expenditures for the cause of sports for persons with disabilities.
In the case of the project on the cause of persons with disabilities, the financial, sports administration authorities should seek the views of the organization in advance. The use of public-friendly sports funds should be subject to oversight by peer-level audits and financial administration authorities.
Article 40 Governments at all levels have given recognition and incentives to persons with disabilities who have made a prominent contribution in the areas of culture, education, science and technology and sports, as well as adequate work.
Chapter VI Social security
Article 40. Governments at all levels should give special support and care to persons with disabilities to guarantee their basic lives.
Article 42
(i) For persons with disabilities with disabilities who cannot be employed, for example, single-parent disabled persons, and, on the basis of the principle of minimum living guarantees, the minimum standard of living guarantees should be appropriately improved in accordance with the proportion set;
(ii) Persons with disabilities without labour capacity, who are unable to support, support, dependants, or whose legal support, maintenance, dependency obligations are not supported, dependent and dependent capacity are granted access to care, relief, and adoption of intellectual and mental disabilities.
(iii) For persons with disabilities living in urban begging, social assistance institutions should be provided in a timely manner.
Article 43 thirteenth Governments should include persons with disabilities who have the capacity to work in rural areas in poverty reduction development plans, giving priority to projects and funding arrangements. In the implementation of projects such as small towns, relocations and pro-poor poverty, priority was given to persons with disabilities.
In the course of the implementation of the fiscal poverty-focused fund-raising project, more than forty-fourth people's agricultural, financial and administrative authorities should focus on poor persons with disabilities with labour capacity and arrange financial poverty-reduction funds specifically for the development of cultivation, raising and the creation of a model poverty-reduction base for persons with disabilities.
The Federation of Persons with Disabilities at the district level provides for specific work funding for poverty reduction for persons with disabilities, and the same-level finance should be guaranteed.
Article 42 should provide concessional conditions for rehabilitation of pro-poor loans and improve the availability of rehabilitation pro-poor loans.
More than 46 people at the district level should arrange specific funding to improve the living conditions of persons with disabilities in rural areas.
The Government of all levels of the population, in line with the Government's housing conditions, should be fully integrated into the Government's affordable housing system; in particular, poor persons with disabilities should be given priority in kind.
Article 47 should develop the Fund for the Welfare of Persons with Disabilities at all levels.
In the social mobilization of the results of the Government's civil affairs authorities at the district level, adequate support and assistance should be given to persons with disabilities and their families.
More than forty-eight people at the district level should focus on the development of the cause of persons with disabilities. Because of the current position raised in the distribution of welfare instruments, every year less than 15 per cent of public-friendly funds should be allocated to the development of the cause of persons with disabilities.
Article 49
(i) Assistance to persons with disabilities for rehabilitation, disability prevention, supply services and rehabilitation technology training;
(ii) Higher education, vocational education and child benefits for persons with disabilities;
(iii) Grants such as employment services for persons with disabilities, vocational skills training for persons with disabilities, employment services for persons with disabilities and the promotion of employment for persons with disabilities;
(iv) Subsidies such as practical technical training for poor persons with disabilities in rural areas and living assistance for persons with disabilities;
(v) Special artistic activities for persons with disabilities, sports activities for persons with disabilities and the construction of sports bases for persons with disabilities;
(vi) Provision of assistance and equipment, equipment and equipment for integrated service facilities for persons with disabilities;
(vii) Provision of legal assistance to persons with disabilities;
(viii) Other expenditures for the cause of persons with disabilities.
Article 50 stipulates that when a project on the cause of persons with disabilities is being organized, the financial and civil administration authorities shall seek the views of IOM in advance. The use of public-private assistance funds should be subject to oversight by peer-level audits and financial administration authorities.
Article 50 provides for infrastructure-building projects such as rehabilitation, education, labour employment, supplies and supply services for persons with disabilities from urban infrastructure.
Article 52 is a disabled person at the town's household level, living in a difficult situation, requiring the care of a rural party to the town's family, and the need for rural unaccompanied persons with disabilities to be living by their immediate family members, and the public security authorities should give priority to the procedures for their families and to compensate for the costs involved.
More than 53 people at the district level, the TV administrative authorities should distribut a blind or deaf family member or a family member with a blind, deaf and difficult family member, from access to cable TV pre-charge fees and a half-the-dose fee.
Article 54 encourages social public service institutions to provide relief for the families of persons with disabilities who are in difficulty of living, for example, telephone fees, coal, water costs, electricity.
Article 55 states and communes should pay relief to the social burdens of rural persons with disabilities on a case-by-case basis.
Article 56 Blind and persons with disabilities are free of charge indoor buses, electric vehicles, light-tracking, ground and ferry vessels.
Article 57 should provide priority, preferential and quality legal services and assistance to persons with disabilities and establish grass-roots human rights organizations that preserve the legitimate rights and interests of persons with disabilities at the district level.
Rule 588 Legal aid institutions should provide legal services and assistance to persons with disabilities who are unable to pay legal expenses, in accordance with the relevant provisions.
Accessibility
Article 59 rests with the Government of the people at all levels to plan for accessibility and information exchange, to integrate coordination, strengthen leadership and management.
The Government of the above-mentioned people at the district level should establish the appropriate organizational coordinating bodies to strengthen the organization, coordination, guidance, oversight and supervision of accessibility facilities.
The construction of a new construction, alteration, expansion of urban roads, public buildings, residential buildings, small residential areas, construction and accompanying facilities dedicated to persons with disabilities should be carried out in accordance with the National Urban Roads and Building Access Design Guidelines.
Article 62 builds the supervision of the executive authorities at the district level responsible for the construction and use of accessibility facilities; and develops and reform, finance, planning, civil affairs, municipalities, public security and transportation, within their respective responsibilities, to establish accessibility facilities.
More than sixtieth article 63 should seek the views of the Federation of Disability at the same level when the Government builds the planning for the development of accessibility facilities by the executive authorities.
The construction units of the new construction, alteration and expansion of the accessibility facility construction project in Article 64 should be designed in conjunction with construction works, along with construction, and at the same time.
Article 65 provides for the construction of a residence base by rural persons with disabilities, and the approval sector should increase the land area required for accessibility facilities.
Article 46 provides for the progressive introduction of accessibility facilities for persons with disabilities in line with the practice of this unit.
Article 67 Governments at all levels should take measures to ensure accessibility to information-sharing among persons with disabilities. Information-sharing is accessible through the launch of television-language programmes, the scription, the accessibility of government websites, the promotion of handicular language, the provision of hand-in-language translation, written language exchange assistance.
Article 68 parks (contained) places should be established to facilitate the release of specialized mobile vehicles by persons with disabilities and to receive storage costs.
Chapter VIII Legal responsibility
Article 69 violates the medical institutions provided for in article 9 of the present article and imposes a fine of more than 5,000 for the health administration authorities at the district level.
Article 76 is one of the following cases: the time limit for the establishment of an administrative authority by more than one of the population at the district level is being changed, the individual is liable to a fine of up to €200,000, the unit and the amount of $50 million, which constitutes an offence, to be criminally criminalized by law.
(i) The establishment of accessibility facilities as prescribed;
(ii) deliberately damaged accessibility facilities;
(iii) The unlawful appropriation of accessibility facilities;
(iv) Removal of accessibility facilities.
Administrative penalties under subparagraphs (ii), (iii) and (iv) of the previous paragraph have been implemented with a relatively centralized administrative penalties, which are sanctioned by integrated urban management enforcement agencies that are implementing relatively centralized administrative penalties.
The law, legislation and regulations provide otherwise, from their provisions.
Article 76 deducts or defaults on the wages of persons with disabilities, pays the social insurance expenses of persons with disabilities in full and without delay and removes labour relations with persons with disabilities, which is being corrected by the Government's labour and social security administration authorities at the district level; and rejects impunity, as provided for in the relevant laws, regulations and regulations.
Article 72, in violation of article 10, paragraph 11, of this provision, is criticized by the relevant executive authorities of the Government of the High-level People, who are responsible for corrective action; refuses to change; and administrative disposal of the competent and direct responsibilities directly responsible.
Article 73 is one of the following cases, which is being converted by the administrative authorities responsible for education at the district level to the executive branch of the Government of the People's Government, which is not reformulated, and administratively disposed of the responsible and directly responsible.
(i) Educational institutions refuse access to students with disabilities who meet the criteria for admission;
(ii) Educational institutions do not provide for the payment of fees for students with disabilities and children of persons with disabilities;
(iii) An additional condition for educational institutions restricting students with disabilities;
(iv) Education institutions discriminate against students with disabilities;
(v) In educational institutions, the physical property and rights of students with disabilities are violated.
Article 76 quater of the Federation of Persons with Disabilities at the district level shall require the relevant administrative authorities to punish or administratively punish units or individuals who violate the provisions of this provision.
Article 765 abuses by State staff in the protection of the rights and interests of persons with disabilities, acts of negligence, provocative fraud are not yet criminalized and administratively disposed of by law; constitutes an offence punishable by law.
Chapter IX
Article 76 of the Convention on the Equalization of Employment of Persons with Disabilities in the Province of Mountains is inconsistent with this provision and is implemented in accordance with this provision.
Article 77