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People's Republic of China for the Protection of Persons with Disabilities Release Date: 2013-05-09 Views: Font Size: [] Chapter 1 General Principles Article 1 In order to protect the legitimate rights and interests of persons with disabilities, develop disability This business is enacted in accordance with the people's cause and ensuring that persons with disabilities participate in social life on an equal footing and share social material and cultural achievements. Article 2 A person with a disability refers to a person who loses or is abnormal in a certain organization or function in the psychological, physiological and human structures, and loses all or part of the ability to perform certain activities in the normal way. Persons with disabilities include people with visual, hearing, physical, intellectual, mental, multiple and other disabilities. Disability standards are prescribed by the State Council. Article 3 Persons with disabilities enjoy equal rights with other citizens in political, economic, cultural, social and family life.

The civil rights and personal dignity of persons with disabilities are protected by law.

Discrimination based on disability is prohibited. Insults and violations of persons with disabilities are prohibited. It is forbidden to reduce or damage the personality of disabled persons through other means. Article 4 The State adopts supplementary methods and supporting measures to provide special assistance to disabled persons, reduce or eliminate the effects of disability and external obstacles, and guarantee the realization of the rights of persons with disabilities. Article 5 The people's government at or above the county level shall include the cause of the disabled, strengthen leadership, comprehensive coordination, and include the funds for the disabled in the financial budget and establish a stable funding guarantee mechanism. The State Council has formulated the Outline for the Development of China's Disabled Persons. The local people's governments at or above the county level shall, in accordance with the Outline of the Development of the Disabled Persons in China, formulate plans and annual plans for the development of the disabled in their respective administrative regions, so that the cause of the disabled can be coordinated with the economy and society. The institutions responsible for the work of persons with disabilities at the people's government at or above the county level shall be responsible for organizing, coordinating, guiding, and urging the relevant departments to do a good job in the cause of the disabled. People's governments at all levels and relevant departments shall closely contact disabled persons, listen to the opinions of disabled persons, and do a good job in the work of disabled persons in accordance with their respective duties. Article 6 The State adopts measures to ensure that persons with disabilities, in accordance with the law, manage state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms. Formulating laws, regulations, rules and public policies, and listening to the opinions of disabled people and disabled organizations on major issues involving the rights of disabled persons and the cause of the disabled. Persons with disabilities and disabled persons have the right to submit opinions and suggestions on the protection of the rights and interests of disabled persons and the development of the cause of disabled persons to state organs at all levels. Article 7 The whole society shall carry forward the humanitarian spirit, understand, respect, care for and help the disabled and support the cause of the disabled. The State encourages social organizations and individuals to provide donations and services to persons with disabilities. State organs, social organizations, enterprises and institutions, and urban and rural grassroots mass autonomous organizations shall do a good job in the work of disabled persons within their respective scope. Persons engaged in the work of disabled persons and other personnel shall perform their duties in accordance with the law and strive to serve the disabled. Article 8 and its local organizations represent the common interests of the disabled, safeguard the legitimate rights and interests of the disabled, unite to educate the disabled, and serve the disabled. The China Disabled Persons' Federation and its local organizations carry out the work of disabled people, mobilize social forces, and develop the cause of the disabled in accordance with laws, regulations, and articles of association or by entrusting the government. Article 9 Supporters of persons with disabilities must fulfill their obligations to support disabled persons. The guardian of a disabled person must perform the guardianship duties, respect the will of the ward, and safeguard the legitimate rights and interests of the ward. Relatives and guardians of persons with disabilities shall encourage and assist persons with disabilities to enhance their self-reliance. Domestic violence against persons with disabilities is prohibited, and abuse and abandonment of persons with disabilities are prohibited. Article 10 The State encourages disabled persons to be self-respecting, self-confident, self-reliant and self-reliant, and contribute to the building of socialism. Persons with disabilities shall abide by laws and regulations, perform their due obligations, abide by public order, and respect social morality. Article 11 The State plans to carry out disability prevention work, strengthen leadership over disability prevention work, publicize and popularize maternal and child health care and prevention of disability, establish and improve birth defect prevention and early detection, early treatment mechanisms, and target genetics and diseases. , drugs, accidents, disasters, environmental pollution and other disabling factors, organize and mobilize social forces, take measures to prevent the occurrence of disability, and reduce the degree of disability. The state establishes and improves disabled persons and conducts statistical surveys and analysis of the situation of disabled persons. Article 12 The State and the society shall provide special guarantees for disabled soldiers, disabled persons and other persons who are disabled for the protection of the interests of the State and the people, and provide pensions and preferential treatment. Article 13: Units and individuals who have made outstanding achievements in socialist construction, those who have made outstanding achievements in safeguarding the legitimate rights and interests of disabled persons, developing the cause of disabled persons, and serving the disabled, the people's governments at various levels and relevant departments Give recognition and reward. Article 14 The third Sunday of May each year is. Article 15 The implementation rules of the provinces shall be implemented together. Chapter II Rehabilitation Article 15 The State guarantees the right of persons with disabilities to enjoy rehabilitation services. The people's governments at all levels and relevant departments shall take measures to create conditions for the rehabilitation of disabled persons, establish and improve the rehabilitation service system for disabled persons, and implement key rehabilitation projects in phases to help disabled persons recover or compensate their functions and enhance their ability to participate in social life. . Article 16: Rehabilitation work should be based on actual conditions, combining modern rehabilitation technology with traditional rehabilitation technology in China; based on community rehabilitation, rehabilitation institutions as the backbone, and families with disabled people; relying on practical, easy and beneficial rehabilitation Focus on content, give priority to the rescue treatment and rehabilitation of children with disabilities; develop science and technology that meets the requirements of rehabilitation, encourage independent innovation, strengthen the research, development and application of new rehabilitation technologies, and provide effective rehabilitation services for disabled people. Article 17 The people's governments at all levels encourage and support social forces to establish rehabilitation institutions for the disabled. Relevant departments should organize and guide urban and rural community service organizations, medical preventive health care institutions, disabled people's organizations, disabled families and other social forces to carry out community rehabilitation work. Educational institutions for the disabled, welfare units and other institutions serving disabled persons shall create conditions for rehabilitation training activities. Persons with disabilities should work hard to perform functional, self-care and labor skills training with the guidance of professional staff and the help of relevant staff, volunteers and relatives. Article 18 Local people's governments at various levels and relevant departments shall, in accordance with their needs, establish rehabilitation medical departments in medical institutions as planned, organize rehabilitation institutions for disabled persons, carry out rehabilitation medical treatment and training, personnel training, technical guidance, and scientific research. Article 19 Medical colleges and other relevant colleges and universities shall set up rehabilitation courses in a planned manner, set up relevant majors, and train various types of rehabilitation professionals. The government and society adopt various forms of technical training for those engaged in rehabilitation work; popularize rehabilitation knowledge and teach rehabilitation methods to disabled persons, relatives of disabled persons, relevant staff and volunteers. Article 20 The relevant government departments shall organize and support the development, production, supply and maintenance services of rehabilitation equipment and auxiliary equipment for the disabled. Chapter III Education Article 21 The State guarantees the right of persons with disabilities to equal access to education. The people's governments at all levels should regard the education of the disabled as an integral part of the national education cause, unify planning, strengthen leadership, and create conditions for the disabled to receive education. The government, society, and schools should take effective measures to solve the practical difficulties of children and adolescents with disabilities in attending school and help them complete compulsory education. The people's governments at all levels provide free textbooks for students with disabilities and families with impoverished disabilities who are compulsory, and provide subsidies for living expenses such as boarding and living expenses; students of disabled students and families with impoverished disabilities who receive other education other than compulsory education are in accordance with the state. Provision is given for funding. Article 22: Education for the disabled shall adopt a policy of combining popularization and improvement with emphasis on popularization, guaranteeing compulsory education, focusing on the development of vocational education, actively carrying out preschool education, and gradually developing advanced secondary education. Article 23: Education for persons with disabilities shall be implemented in accordance with the following physical and mental characteristics and needs of the disabled: (1) Strengthening physical and mental compensation and vocational education while carrying out ideological education and cultural education; Accepting ability, adopting ordinary education methods or methods; (3) Special education curriculum, teaching materials, teaching methods, enrollment and school age, may have moderate flexibility. Article 24 The people's government at or above the county level shall reasonably set up educational institutions for persons with disabilities according to factors such as the number, distribution and disability types of persons with disabilities, and encourage and donate funds for education. Article 25 General education institutions shall provide education to disabled persons with the ability to receive general education and provide convenience and assistance for their study. Ordinary primary schools and junior secondary schools must enroll disabled children and adolescents who can adapt to their study and life; ordinary high-level secondary schools and institutions of higher learning must enroll students with disabilities who meet the admission requirements of the state, and must not refuse admission due to their disability. If the refusal is to be recruited, the party or its relatives or guardians may request the relevant department to handle it, and the relevant department shall order the school to enroll. Ordinary early childhood education institutions should receive disabled children who can adapt to their lives. Article 26 Preschool education for disabled children shall be provided for disabled children's educational institutions, disabled children's classes attached to ordinary early childhood education institutions, preschool classes for special education institutions, disabled children's welfare institutions, and families with disabled children. Special education institutions attached to junior and middle-level special education institutions and general education institutions provide compulsory education for disabled children and adolescents who do not have the ability to receive general education. Higher-level secondary education institutions, special education classes attached to general education institutions, and vocational education institutions for disabled persons shall provide higher-level cultural education and vocational education for qualified disabled persons. The institutions providing special education shall have places and facilities suitable for the learning, rehabilitation and living characteristics of the disabled. Article 27 The relevant government departments, the units where the disabled persons are located and the relevant social organizations shall carry out illiteracy, vocational training, entrepreneurship training and other adult education for the disabled, and encourage the disabled to become self-taught. Article 28 The State plans to hold various special education teachers' colleges and specialties at all levels, and attach special education classes in ordinary normal colleges to train and train special education teachers. Ordinary normal colleges offer special education courses or teach relevant content so that ordinary teachers can acquire the necessary special education knowledge. And sign language translation, enjoy special education allowance. Article 29 The relevant government departments shall organize and support the research and application of Braille and sign language, the preparation and publication of special education materials, the development, production and supply of special education teaching tools and other auxiliary materials. Chapter IV Labor and Employment Article 30 The State guarantees the rights of disabled persons to work. The people's governments at all levels shall make overall plans for the employment of disabled persons and create conditions for employment and employment for the disabled. Article 31 The employment of disabled persons shall adopt the principle of combining concentration and decentralization, adopt preferential policies and supportive measures, and make the employment and employment of disabled persons gradually popularized, stable and reasonable through multiple channels, multiple levels and various forms. Article 32 The government and the society shall organize welfare enterprises, institutions and other welfare units for the disabled to concentrate on the employment of disabled persons. Article 33 The State implements a proportional employment system for persons with disabilities. State organs, social organizations, enterprises and institutions shall arrange for the employment of disabled persons in accordance with the prescribed proportions, and select appropriate types of jobs and positions for them. If the required proportion is not reached, the employment obligations of the disabled shall be fulfilled in accordance with the relevant provisions of the State. The state encourages employers to arrange for the employment of disabled persons in excess of the prescribed ratio. The specific measures for the employment of disabled persons shall be prescribed by the State Council. Article 34 The State encourages and supports disabled persons to choose their own businesses and start their own businesses. Article 35 Local people's governments at all levels and rural grassroots organizations shall organize and support rural disabled persons to engage in planting, aquaculture, handicrafts and other forms of productive labor. Article 36 The State shall grant tax concessions to the employers who arrange for the employment of persons with disabilities to meet or exceed the prescribed proportions or concentrate on the employment of persons with disabilities and persons with disabilities who are engaged in self-employment, and shall be in production, operation, technology, capital, materials, Support for the venue and other aspects. The state is exempt from the disabled who are engaged in self-employment. Local people's governments at or above the county level and their relevant departments shall determine the products and projects suitable for the production and operation of disabled persons, give priority to the production or operation of welfare units for the disabled, and determine certain products according to the production characteristics of the welfare units of the disabled. Specialty production. Government procurement, under the same conditions, should give priority to the purchase of products or services of welfare units for the disabled. Local people's governments at various levels shall develop public welfare posts suitable for the employment of disabled persons. For persons with disabilities who apply for self-employment, the relevant departments shall give priority to issuing business licenses. For rural disabled persons engaged in various types of production labor, relevant departments shall provide assistance in production services, technical guidance, supply of agricultural materials, purchase and sale of agricultural and sideline products, and credit. Article 37 Public employment service agencies established by relevant government departments shall provide employment services free of charge to persons with disabilities. The employment service agencies for persons with disabilities shall organize free vocational guidance, job introduction and vocational training to provide services and assistance for the employment of disabled persons and the recruitment of disabled persons by employers. Article 38 The State protects the property rights and business autonomy of welfare units of the disabled, and its lawful rights and interests are not infringed. Persons with disabilities shall not be discriminated against in terms of employee recruitment, rectification, promotion, job title evaluation, labor remuneration, living welfare, rest and vacation, and social insurance. The unit where the disabled employee is located shall provide appropriate working conditions and labor protection according to the characteristics of the disabled employee, and reform the labor space, labor equipment and living facilities according to actual needs. The state has taken measures to protect the legitimate rights and interests of blind health care and medical massage personnel. Article 39 The unit where a disabled employee is located shall carry out post technical training for disabled employees and improve their labor skills and technical level. Article 40 No unit or individual may force a disabled person to work by means of violence, threats or illegal restrictions.

Chapter V Cultural Life Article 41 The State guarantees the right of persons with disabilities to participate in cultural life on an equal footing.

The people's governments at all levels and relevant departments encourage and help disabled people to participate in various cultural, sports and recreational activities, actively create conditions and enrich the spiritual and cultural life of the disabled.

Article 42 The cultural, sports and recreational activities of disabled persons shall be oriented to the grassroots level, integrated into the social public cultural life, and adapted to the different characteristics and needs of various types of disabled persons, so that the disabled may participate extensively.

Article 43 The government and the society take the following measures to enrich the spiritual and cultural life of the disabled: (1) timely publicizing and reporting the work and life of the disabled through radio, film, television, newspapers, books, and the Internet. (2) Organizing and supporting the preparation and publication of Braille reading materials, audio books for the blind and other reading materials for the disabled, and establishing a library of Braille books and audio books for the blind in public libraries according to the actual needs of the blind; (3) Launching TV sign language programs, launching special radio programs for disabled persons, promoting TV programs, film and television works with subtitles, and explanations; (4) Organizing and supporting disabled people to carry out mass culture, sports, entertainment activities, and holding special art performances and sports games. Participate in international competitions and exchanges; (5) Culture, sports, entertainment and other public events, providing convenience and care for the disabled.

Properly set up a venue for disabled people.

Article 44 The government and society encourage and assist persons with disabilities to engage in literary, artistic, educational, scientific, technological and other creative work that benefits the people.

Article 45: The government and the society promote mutual understanding and exchanges between the disabled and other citizens, publicize the cause of the disabled and support the disabled, promote the spirit of self-improvement of the disabled, and advocate unity, friendship, and mutual assistance. Social fashion.

Chapter VI Social Security Article 46 The State guarantees the rights of persons with disabilities to enjoy various social security.

The government and society have taken measures to improve social security for the disabled and to protect and improve the lives of the disabled.

Article 47 Persons with disabilities and their units shall participate in social insurance in accordance with relevant state regulations.

The urban and rural grassroots mass autonomous organizations and disabled families in the urban and rural areas with disabilities should encourage and help disabled people to participate in social insurance.

Persons with disabilities who have difficulties in life are given in accordance with relevant state regulations.

Article 48 People's governments at all levels provide life, education, housing and other social assistance to disabled people who have difficulties in their lives through various channels.

Local people's governments at or above the county level should take other measures to protect their basic lives for families with disabilities who still have special difficulties in living after enjoying the minimum living allowance.

The people's governments at all levels shall provide assistance in the allocation and replacement of basic medical care, rehabilitation services and necessary auxiliary equipment for the disabled.

For people with disabilities who cannot take care of themselves, local people's governments at all levels should provide nursing subsidies according to the situation.

Article 49 Local people's governments at various levels shall provide support to persons with disabilities who have no ability to work, no supporters or supporters, and who have no source of living.

The State encourages and supports social forces to organize support and care institutions for the disabled.

Disabled support, care institutions and their staff must not insult, abuse or abandon disabled persons.

Article 50 The people's government at or above the county level shall provide convenience and preferential treatment to disabled persons on public transport.

People with disabilities can carry their own assistive devices for free.

Free travel by public on public buses such as buses, trams, subways, and ferries.

Free mail for blind books.

The State encourages and supports units that provide telecommunications, radio and television services to give preferential treatment to blind, hearing, and speech disabled people.

The people's governments at all levels should gradually increase other care and support for the disabled.

Article 51 The relevant government departments and organizations of disabled persons shall establish and improve channels for donations and services for the disabled in various sectors of society, encourage and support the development of charities for the disabled, and carry out public welfare activities such as volunteer assistance.

Chapter VII Accessibility Environment Article 52 The State and society shall take measures to gradually improve barrier-free facilities, promote barrier-free access to information, and create a barrier-free environment for the equal participation of persons with disabilities in social life.

The people's governments at all levels should make overall planning, comprehensive coordination, and strengthen supervision and management of barrier-free environment construction.

Article 53 The construction and renovation of barrier-free facilities shall meet the actual needs of persons with disabilities.

Newly built, rebuilt and expanded buildings, roads, transportation facilities, etc., shall comply with the state's barrier-free facilities.

The people's governments at all levels and relevant departments shall, in accordance with the regulations on the construction of barrier-free facilities in the country, gradually promote the transformation of the completed facilities and give priority to the transformation that is closely related to the daily work and life of the disabled.

Maintenance and protection of barrier-free facilities should be carried out in a timely manner.

Article 54 The State takes measures to create conditions for the information exchange of persons with disabilities.

People's governments at all levels and relevant departments should take measures to facilitate the access of persons with disabilities to public information.

The state and society develop and develop products and products suitable for the disabled.

All kinds of entrance examinations, vocational qualification examinations and job examinations held by the state. If blind people participate, they should provide Braille papers, electronic papers or special staff to assist them.

Article 55 Public service agencies and public places shall create conditions for providing information exchange services such as voice and text prompts, sign language and Braille for persons with disabilities, and provide priority and auxiliary services.

Public transport should gradually meet the requirements for barrier-free facilities.

A conditional public parking lot should have a dedicated parking space for disabled people.

Article 56 The department that organizes the election shall facilitate the participation of persons with disabilities in the election; if conditions permit, the blind person shall be provided with a ballot for the blind.

Article 57 The State encourages and supports the development and development of barrier-free auxiliary equipment and barrier-free vehicles.

Article 58 If a blind person carries a guide dog into or out of a public place, he shall abide by relevant state regulations.

Chapter VIII Legal Responsibilities Article 59 If the lawful rights and interests of disabled persons are infringed, they may organize complaints with disabled persons. Disabled organizations shall safeguard the legitimate rights and interests of disabled persons and have the right to request relevant departments or units to investigate and deal with them.

The relevant departments or units shall investigate and deal with them according to law and reply.

Disabled organizations should provide support for people with disabilities who need help in defending their legitimate rights and interests through litigation.

Disabled organizations have the right to ask relevant departments to investigate and deal with violations of the interests of specific groups of disabled persons.

Article 60 If the lawful rights and interests of persons with disabilities are infringed, they shall have the right to request the relevant departments to deal with them according to law, or apply to the arbitration institution for arbitration according to law, or bring a lawsuit to the people's court according to law.

Local or people's courts should provide assistance to persons with disabilities who have financial difficulties or other reasons that require legal aid or judicial assistance, and provide legal aid or judicial assistance according to law.

Article 61 Violation of the provisions of this Law, complaints, accusations, reports, violations, delays, suppression of violations of the rights and interests of persons with disabilities shall not be investigated, or those who file complaints, accusations, and reports shall be retaliated against. The unit, the competent department or the higher authorities shall be ordered to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

If the state staff fails to perform their duties according to law, and the acts that violate the rights and interests of the disabled are not stopped in time or the necessary assistance is not given to the disabled persons, and the serious consequences are caused by the unit or the higher authorities in charge according to law, Other directly responsible personnel are given disciplinary action.

Article 62 Anyone who violates the provisions of this Law and uses the mass media or other means to derogate the personality of a person with a disability shall be corrected by culture, radio, film and television, press and publication or other relevant competent authorities in accordance with their respective functions and powers. Give administrative punishment.

Article 63 In case of violation of the provisions of this Law, the relevant educational institutions refuse to accept the admission of students with disabilities, or attach conditions to restrict the disabled students to attend school in addition to the admission requirements stipulated by the State, the relevant competent authorities shall order corrections and directly Responsible supervisors and other directly responsible personnel are given disciplinary action.

Article 64 Whoever violates the provisions of this Law and discriminates against persons with disabilities in the recruitment of employees shall be ordered to make corrections by the competent authorities; persons with disabilities may file lawsuits with the people's courts according to law.

Article 65 In case of violation of the provisions of this Law, if the support, care institutions and their staff insult, abuse or abandon disabled persons, the directly responsible persons and other directly responsible persons shall be given disciplinary sanctions according to law; In case of behavior, administrative punishment shall be given according to law.

Article 66: Violation of the provisions of this Law, the construction, reconstruction and expansion of buildings, roads, and transportation facilities are not in conformity with the national standards for the construction of barrier-free facilities, or the consequences of timely maintenance and protection of barrier-free facilities. The relevant competent authorities shall handle the matter according to law.

Article 67: In violation of the provisions of this Law, infringing on the lawful rights and interests of persons with disabilities, other laws and regulations stipulate administrative penalties, and stipulate them; if they cause property losses or other damages, they shall bear civil liability according to law; Criminal responsibility shall be investigated according to law.

Chapter IX Supplementary Provisions Article 68 This Law shall come into force on July 1, 2008.

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