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NGO PERSPECTIVES for Full Participation and Equality

Task force on Legislation PART2

COUNTRY 1. Does your country have a Constitution, Bill of Rights or statute guaranteeing equality of human rights for all persons?
ARMENIA Article 4 of the Constitution states : " The State guarantees the protection of human rights and freedoms based on the Constitution and the laws, in accordance with the principles and norms of international law."
Article 15 states : -" Citizens, regardless of national origin, race, sex, language, creed, political or other persuasion, social origin, wealth or other status, are entitled to all the rights and freedoms and subject to the duties determined by the Constitution and the laws."
Article 16 sets out : - " All are equal before the law, and shall be given equal protection of the law without discrimination."
AZERBAIJAN Article 25 of the Constitution provides:-
" Right to Equality.
Every person shall be equal before the law and the Court. Men and women shall have equal rights and freedoms irrespective of race, nationality, religion, sex, origin, property status, social position, convictions, political party, trade union organisation and social unity affiliation. Limitations or recognition of Rights and Freedoms because of race, nationality, social status, language, origin, convictions and religion shall be prohibited."
BANGLADESH The Constitution has a number of relevant human rights provisions
Part I Article11 states " The Republic shall be a democracy in which fundamental human rights and freedoms and the respect for the dignity and worth of the human person shall be guaranteed."
Article 15 "Provision of Basic Necessities".
It shall be the fundamental responsibility of the State ...to secure for its citizens:-
(a)the provision of the basic necessities of life, including food, clothing, shelter, education and medical care...
(d) the right to social security, that is to say to public assistance in case of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases."
Part III deals with fundamental rights and states:-
27. All citizens are equal before the law and are entitled to equal protection of the law.
28. The State shall not discriminate against any citizen on grounds only of religion, race caste sex, or place of birth."
CAMBODIA The 1993 Constitution guarantees Human Rights.
Article 31 provides " The Kingdom of Cambodia shall recognise and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the covenants and conventions related to human rights, womens' and childrens' rights."
" Every Khmer citizen shall be equal before the law enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth origin, social status wealth or other status."
PEOPLE'S REPUBLIC OF
CHINA.
Article 33 of the Constitution states " All citizens of the People's republic of China are equal before the law."
GEORGIA Article 14 of the Constitution provides: -
"Everyone is born free and equal before the law, irrespective of race, skin colour, language, sex, religion, political and other opinion, national ethnic and social origin, property and title of nobility, place of residence."
INDIA Article 14 of the Constitution provides :-" The State shall not deny to any person equality before the law or equal protection of the law within the territory of India."
Article 15 states:-" The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them."
Article 16 (1) says " There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.'
JAPAN Article 11 of the 1946 Constitution states that "The people shall not be prevented from enjoying any of the fundamental human rights."
Article 13 states that all persons shall be respected as individuals.
KAZAKHSTAN Article 12 of the Constitution states: -
(1) Human Rights and freedoms in the Republic of Kazakhstan shall be recognised and guaranteed in accordance with this Constitution.
Article 14.
(1). Every one shall be equal before the law and the court.
(2). No-one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances."
KYRGYSTAN Article 15 of the Constitution includes: -
(2). Every person shall enjoy the basic human rights and freedom since birth.
(3). All persons in the Kyrgystan Republic shall be equal before the law and the Court.
No one may be exposed to any discrimination, infringement of rights, and freedoms on the motives of origin, sex, race, nationality, language, creed, political and religious convictions or by any other public or personal conditions or circumstances.
LAO PEOPLES DEMOCRATIC REPUBLIC Article 22 of the Constitution states " Lao citizens, irrespective of their sex, social status, education, faith and ethnic groups are all equal before the law."
MALAYSIA No legislation available on line. Part II Article 8 of the Constitution states: -
(1). All persons are equal before the law, and entitled to equal protection of the law.
(2). Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade , business, profession, vacation or employment."
MONGOLIA Article 14 of the Constitution states:-
"14(1) All persons lawfully residing within Mongolia are equal before the law and the Court.
(2) No person shall be discriminated against on the basis of ethnic origin, language, race, sex, social origin and status, property, occupation and post, religion, opinion or education."
THE KINGDOM
OF NEPAL
Article 11 of the Constitution states:-
11(1) All citizens shall be equal before the law. No persons shall be denied the equal protection of the law." It also provides that the State shall not discriminate against any person on the grounds of religion, race, sex, caste, tribe, or ideological conviction, allowing that special provision may be made for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated.
PDR KOREA
PAKISTAN The Constitution of 1973 is officially in abeyance, but by the Provisional Constitution Order No.1 1999 requires the Government to act as nearly as may be in accordance with the Constitution.
Article 4 of the 1973 Constitution states:-"To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen..."
Article 25 provides: -
25(1). All citizens are equal before the law and entitled to equal protection of the law.
(2). There shall be no discrimination on the grounds of sex alone.
(3). Nothing in this Article shall prevent the State from making any special provision for the protection of women and children."
The PHILIPPINES The 1987 Constitution states that the State values the dignity of every human person, and guarantees full respect for human rights.
SOUTH KOREA The Constitution provides: -
Article 10. " All citizens shall be assured of human dignity and work and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals."
Article 11. " All citizens shall be equal before the law, and there shall be no discrimination in political economic, social or cultural life on account of sex, religion or social status."
TAJIKISTAN Article 17 of the Constitution states: - " All are equal before the law and the courts. The State guarantees the rights and freedoms of every person regardless of nationality, race, sex, language, religious beliefs, political persuasion, social status, knowledge and property. Men and women have the same rights.
THAILAND There are a number of Constitutional provisions that guarantee equal human rights. Chapter 1 Section 4 provides " The human dignity, right and liberty of the people shall be protected." Section 5 provides the Thai people, irrespective of their origins, sexes or religion shall enjoy equal protection under the Constitution.
THE MALDIVES The Constitution states in Article 13 :-" Maldavian citizens are equal before and under the law, and are entitled to the equal protection of the law."
THE REPUBLIC OF CHINA ( TAIWAN ) Article 7 of the Constitution states " All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class or party affiliation shall be equal before the law."
TURKEY The Constitution states in Article 10:-
" All individuals are equal without discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such consideration."
TURKMENISTAN Article 17 of the Constitution states: -" Turkmenistan guarantees the equality of the rights and freedoms of its citizens and likewise, the equality of citizens before the law regardless of nationality, ethnic origin, property holdings, official status, place of residence, language religious preference, political convictions or party political membership."
VIETNAM Article 52 of the Constitution states that all citizens are equal before the law.

COUNTRY 1. Does your country have a Constitution, Bill of Rights or statute guaranteeing equality of human rights for all persons?
Do any such provisions specifically guarantee equality for persons with a disability of any kind?
ARMENIA No.
AZERBAIJAN No.
BANGLADESH The right to social security arising from disablement is guaranteed.
CAMBODIA
PEOPLE'S REPUBLIC
OF CHINA.
No
GEORGIA No.
INDIA No.
JAPAN No. Article 14 of the Constitution provides "All of the people shall be equal under the law and there shall be no discrimination in political, economic or social relations because of race creed, sex, social status or family origin." There is no specific mention of disability.
KAZAKHSTAN No.
KYRGYSTAN No.
LAO PEOPLES DEMOCRATIC REPUBLIC No.
MALAYSIA
MONGOLIA No.
THE KINGDOM
OF NEPAL.
No.
PDR KOREA
NORTH KOREA
PAKISTAN No.
The PHILIPPINES Yes. Article XIII, Section 13 of the Constitution provides " The State shall establish a special agency for disabled persons for their rehabilitation, self development, and self reliance and their integration into the mainstream of society."
SOUTH KOREA No.
TAJIKISTAN No.
THAILAND Yes. Section 30 provides "Unjust discrimination against a person on the grounds of the difference in origin race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political views shall not be permitted.
THE MALDIVES
THE REPUBLIC OF CHINA ( TAIWAN ) No.
TURKEY No.
TURKMENISTAN No.
VIETNAM

COUNTRY 1. Does your country have a Constitution, Bill of Rights or statute guaranteeing equality of human rights for all persons?
Is there any person or body to whom complaints can be made if equality does not occur?
ARMENIA -
AZERBAIJAN -
BANGLADESH The Constitution gives a right to make application to the High Court for breach of fundamental rights.
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA
INDIA The National Human Rights Commission was established in 1993. There are also Commissioners for Persons with Disabilities who have power to investigate complaints with reference to persons with disabilities relating to deprivation of rights and failure to implement the law.
JAPAN -
KAZAKHSTAN There is a Republican Committee of Human Rights which " considers appeals addressed to the Head of State related to rights and freedoms of a man and a citizen."
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA The Constitutional Court exercises "supreme supervision over the implementation of the Constitution, making judgement on the violation of its provisions, and resolving constitutional disputes. It shall be the guarantee for the strict observance of the Constitution."
THE KINGDOM
OF NEPAL.
Under Article 97, the Constitution appoints a Commission for Investigation of Abuse of Authority to investigate improper conduct or corruption by a person holding any public office, and to recommend any necessary action.
PDR KOREA -
PAKISTAN Pakistan legislation makes provision for a Human Rights Commission and an Ombudsman.
The PHILIPPINES Yes. Article XIII Section 17 of the Constitution creates a Commission on Human Rights to investigate of its own volition or upon complaint all forms of human rights violations.
Under the Ombudsman Act, there is power for an Ombudsman to investigate complaints against officers or employees of the Government for illegal unjust or improper acts.
SOUTH KOREA There is an Administrative Appeals Commission to protect citizens from any infringement of their rights, and unreasonable acts of administrative agencies.
TAJIKISTAN -
THAILAND There is a National Human Rights Commission, established under the 1999 Act. The duties of the Commission include the promotion of Human Rights principles. The Commission may receive petitions from complainants, examine and report on violations and propose remedial measures, for which e enforcement procedures exist.
THE MALDIVES -
THE REPUBLIC OF CHINA( TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 2. Please identify any other laws that provide legal protection for persons with a disability.
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA There is a 1995 Act Concerning the Social Protection of Disabled Persons .[Translation not available.]
INDIA In 1995, India passed The Persons With Disabilities ( Equal Opportunities, Protection of Rights and Full Participation ) Act, with the stated aim of implementing the Proclamation on the Full Participation and Equality of People With Disabilities in the Asia and Pacific Region.
The Act appoints a Central Co-ordinating Committee to act as a national focal point on disability matters, and to evolve policy for persons with a disability.
The duties under the Act include:-
- taking measures to prevent the occurrence of disabilities;
- to provide children with disabilities free and compulsory education until 18;
- to promote integration in education;
- to train specialist teachers for children with disabilities;
- to make training schemes available for employment;
- to reserve employment opportunities for persons with a disability;
- to provide incentives to employ persons with a disability;
- for the Government and local authorities to provide aids and appliances;
- for preferential allotment of land for housing or businesses for persons with a disability and other specific disability related uses;
- to provide institutions for severely disabled persons.
The Act appoints a Chief Commissioner for Persons with a Disability, with Commissioners in each state, to monitor the expenditure of Government funding and to safeguard the rights of and facilities for persons with a disability.
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL.
-
PDR KOREA -
NORTH KOREA -
PAKISTAN
The PHILIPPINES Article V Section 2 of the Constitution provides that the Congress shall design a procedure for the disabled and illiterates to vote without the assistance of other persons.
Magna Carta For Disabled Persons.
This is an extensive Act dealing with matters for persons with a disability.
The policy of the Act is that persons with a disability are part of society, and have the same rights as all others. The Government is committed to promotion of rehabilitation, and removal of all prejudicial barriers, in social, cultural, economic environmental and attitudinal areas.
Title II Chapter I relates to employment. Persons with a disability are not to be denied access to opportunities for work. There is a requirement for some Government Departments to have persons with a disability as 5% of their employees. There are incentives to employers to employ persons with a disability.
Chapter II relates to education. The State is to ensure that disabled persons are provided with access to quality education. Discrimination in relation to education is made unlawful, and some financial assistance is made for persons with a disability. A Special Education system is established.
Chapter II makes provision for prevention recognition, early diagnosis and early recognition of disabilities. Rehabilitation Centres are to be established in provincial hospitals.
Chapter IV makes provision for auxiliary services for example for prostheses, family care services, alternative care schemes, and for pre-school and day care services.
Chapter V provides assistance in the telecommunications area, with assistance for special telephones and some postal concessions.
Chapter VI requires barrier free access to public and private buildings and funding towards provision in all Government buildings. It promotes mobility for persons with a disability and assistance in various ways with transport.
Chapter VII relates to political and civil rights and assistance for persons with a disability to vote.
Title III of the Magna Carta contains prohibitions against discrimination against persons with a disability, including in employment, use of transport and accommodation and services such as banks and places of entertainment.
There si also provision for enforcement. The Secretary of Justice may investigate alleged violations of the rights of persons with a disability. There are penalties for breaches and equitable relief, such as damages available through the Courts.
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA( TAIWAN ) -
TURKEY -
TURKMENISTAN --
VIETNAM Vietnam has an Ordinance on Disabled persons (1998), plus published procedures for implementation.

COUNTRY 2. Please identify any other laws that provide legal protection for persons with a disability.
Are people with a disability allowed to own property of any kind?
ARMENIA The Constitution states in Article 8 :- " The right to property is recognised and protected in the Republic of Armenia. The owner of property may dispose of, use and manage the property in his discretion."
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
Article 13 of the Constitution sets out:-
"The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property.
The state protects according to law the right of citizens to inherit private property."
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN Article 26(2) states that property, including the right of inheritance, shall be guaranteed by law.
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA Article 5 of the Constitution states " The State recognises all forms of both public and private property and shall protect the rights of the owner by law."
THE KINGDOM
OF NEPAL
All citizens shall, subject to the existing laws, have the right to acquire, own, sell or otherwise dispose of property
PDR KOREA Article 24 of the Constitution states : " The State shall protect private property and guarantee its legal inheritance."
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN Article 32 states: - "Every person has the right to ownership and inheritance."
THAILAND -
THE MALDIVES The Constitution states that all citizens have the right to acquire hold and dispose of property in accordance with law.
THE REPUBLIC OF CHINA ( TAIWAN ) All persons have the right to own and inherit property.
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 2. Please identify any other laws that provide legal protection for persons with a disability.
Inheritance law.
Is there any provision which allows a person with a disability to make a claim for an inheritance if they have been ignored or treated differently to others? Is there anything which prevents a person with a disability receiving an equal benefit with their siblings?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
The 1985 Law of Succession does not prevent persons with a disability from inheriting property in equal shares with siblings. The Act also provides that at the time of distribution of an estate under statutory succession law, "due consideration shall be given to successors who are unable to work and have special financial difficulties."
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL.
-
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA ( TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM The Ordinance on Inheritance 2001 provides for equal rights for persons to bequeath and inherit property. There is an automatic right of succession to defined portions of an estate to parent/s, surviving spouse, or mature children incapable of work or in poverty.

COUNTRY 2. Please identify any other laws that provide legal protection for persons with a disability.
Family Law.
May people with a disability marry, have a family and look after their children?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'SREPUBLICOFCHINA. -
GEORGIA -
INDIA -
JAPAN Article 24 (2) of the Constitution provides " With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family , laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes."
Japan also has a "Basic Law for a Gender Equal Society" 78/1999.
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM OF NEPAL -
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA (TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 2. Please identify any other laws that provide legal protection for persons with a disability.
Education.
ARMENIA Article 35 provides :- " Every citizen is entitled to education. Education shall be free of charge in state secondary educational institutions."
AZERBAIJAN Article 42 of the Constitution states: -
Right to Education.
Every person shall have the right to get an education. The State shall guarantee the right to get compulsory secondary education free."
BANGLADESH The Constitution provides in Article 17:-
" The State shall adopt effective measures for the purpose of:-
(a)establishing a uniform, mass-orientated and universal system of education, and extending free and compulsory education to all children to such stage as may be determined by law."
The Primary Education Act 1990 states that the Government is to prescribe conditions of compulsory education unless there is "justifiable reason" why a child should not attend. One of the justifiable reasons stated is "the decision of a primary education officer that it is not desirable to enter a child in a primary education institution on account of its being mentally retarded."
CAMBODIA Article 65 of the Constitution states " The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for quality education to reach all students."
Article 66 states " The State shall establish a comprehensive and standardised education system throughout the country that shall guarantee the principles of educational freedom and equality to ensure that all citizens have an equal opportunity to earn a living."
Article 68 provides " The State shall provide primary and secondary education to all citizens in public schools."
PEOPLE'S REPUBLIC
OF CHINA.
Article 19 of the Constitution provides:-" The state establishes and administers schools of various types, universalises compulsory primary education, and promotes secondary, vocational and higher education, as well as pre-school education."
Article 46. "Citizens of the People's Republic of China have the right as well as the duty to receive education."
GEORGIA Article 35 of the Constitution states: -
(1). Everyone shall have the right to education, to free choice of its form.
(3). The State shall ensure pre-school education. The primary education shall be mandatory. The State shall provide primary education on its charge.
INDIA Article 45 of the Constitution states:- " The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution [viz 1960] for free and compulsory education for all children until they complete the age of 14 years."
JAPAN The Fundamental aw of Education 1947 provides in Article 3 " The people shall be given equal opportunity of receiving education according to their ability and they shall not be subject to educational discrimination on account of race, creed, sex, social status, economic position or family origin". There is no specific statement about education for Persons with a disability.
Article 4 provides that there shall be compulsory education for 9 years.
KAZAKHSTAN Article 30 of the Constitution states: -
(1) The citizens shall be guaranteed free secondary education in state educational establishments. Secondary education shall be obligatory.
(4) The State shall set uniform compulsory standards in education.
KYRGYSTAN Article 32 of the Constitution provides: -
(1) Every citizen of the Kyrgystan Republic shall have the right to education.
(2) General secondary education shall be compulsory and free of charge, and everyone shall be entitled to receive it in the state educational institutions.
(3) The State will provide for the accessibility of vocational, special secondary and higher education for every person in accordance with individual aptitude.
LAO PEOPLES DEMOCRATIC REPUBLIC Article 25 of the Constitution provides " Lao citizens have the right to receive education."
MALAYSIA -
MONGOLIA Article 16(7) "Right to Education. The State shall provide basic general education free of charge."
THE KINGDOM
OF NEPAL
State Policy in the Constitution provides that the State shall make the necessary arrangements to safeguard the rights and interests of children and shall ensure they are not exploited, and shall make gradual arrangements for free education.
PDR KOREA The Constitution states: -
NORTH KOREA Article 44. The State shall give precedence to public education and training of cadres for the nation, and combine general education with technological education and education with productive labour.
Article 45. The State shall develop universal compulsory 11 year education which includes a compulsory one-year pre-school education at high level in accordance with the trend of modern science and technology and the practical requirements of socialist construction.
Article 47. The State shall provide education to all pupils and students free of charge and grant allowances to students of universities and colleges.
Article 49. The State shall maintain all children of pre-school age in creches and kindergartens at State and public expense.
PAKISTAN Article 37 of the 1973 Constitution provides that the State shall remove illiteracy and provide for compulsory secondary education within a minimum possible period.
The PHILIPPINES Article XIV of the Constitution makes education compulsory and free to elementary and high school level. The State also undertakes to provide adult students, the disabled and out of school youth with training in civics, vocational efficiency and other skills.
The Governance of Basic Education Act 2001 does not specifically make provision for persons with a disability.
The Early Childhood Care and Development Act applies to children up to the age of 6. Under Section 3 Objective (h) is" To establish an efficient system for early identification, prevention, referral and intervention for developmental disorders and disabilities in early childhood."
SOUTH KOREA Article 31(1) of the Constitution states " All citizens shall have an equal right to receive an education corresponding to their abilities.
Article 31(3). Compulsory education shall be free of charge.
TAJIKISTAN Article 41 of the Constitution states: - "Every person has the right to education. The basic general education is compulsory. The State guarantees access to free general, vocational, and, according to abilities on competition, general, specialised and higher education in state educational establishments .Other forms of acquiring education are defined by law."
THAILAND The National Education Act 1999 provides that all individuals have equal rights and opportunities to receive basic education for 12 years. This applies specifically for children with a disability
Chapter 2 of the Act states 'Persons with physical, mental, intellectual, emotional, social, communication and learning deficiencies; those with physical disabilities; or the cripples; or those unable to support themselves; or those destitute or disadvantaged; shall have the right to have basic education specially provided.
Education for the disabled shall be provided free of charge at birth or at first diagnosis. These persons shall have the right to access the facilities, media, services, and other forms of education aid in conformity with the criteria and procedures stipulated in the Ministerial regulations."
THE MALDIVES -
THE REPUBLIC
OF CHINA ( TAIWAN )
Article 21 of the Constitution states "The people shall have the right to receive elementary education."
Article 159 provides " All citizens shall have an equal opportunity to receive education".
Article 160 (1) says " All children of school age from 6 -12 years shall receive free elementary education. Those from poor families shall be supported with books from the Government."
TURKEY Article 42 of the Constitution sets out:-
" No one shall be deprived of the right to learning and education.
Primary education is compulsory for all citizens of both sexes, and is free of charge in state schools."
TURKMENISTAN Article 35 of the Constitution states: - " Every citizen has a right to education. Elementary and high school education are mandatory, and everyone has the right to receive such education free of charge in governmental educational institutions."
VIETNAM Article 36 of the Constitution provides " The State undertakes the overall management of the national system of education with regard to the objectives, contacts, plans, the standards required of teachers, the regulations governing examinations and competitions, and the system of diplomas and certificates.
The State shall ensure the harmonious development of the educational system: preschool education, general education: vocational training: college and post -graduate education, it shall enforce the generality of primary education, eliminate illiteracy: it shall develop various educational institutions: State run schools, people run schools and others."
Article 59 provides " Primary education is compulsory and free of charge. The State and society shall create the necessary conditions for handicapped children to acquire general knowledge and appropriate job training."

COUNTRY 3. Positive laws.
Are there laws or safety standards to eliminate dangers in the community? Are there programmes to assist persons with a disability in any way, such as with transport costs?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA A Draft Law for persons with a Disability is being undertaken.
PEOPLE'S REPUBLIC
OF CHINA
-
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL
-
PDR KOREA -
NORTH KOREANORTH KOREANORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA (TAIWAN) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 4.Social security, health, insurance, funding.
Is there a system of social security where persons with a disability receive financial or other assistance to help with the effects of disability. Do they receive assistance regularly, or only when a particular hardship can be shown?
ARMENIA Article 33 of the Constitution says: - "Every citizen is entitled to social security in old age, disability, sickness, loss of income earner, unemployment and other cases prescribed by law."
AZERBAIJAN Article 38 of the Constitution sets out: -
Right To Social Security.
Every person shall have the right to Social Security. It shall be the obligation of family members in the first place to render assistance to those persons in their family who need it.
Every person shall have the right to Social Security in old age, sickness as stipulated by law, disability, when losing work ability or the breadwinner of the family, when unemployed and in other cases prescribed by law."
BANGLADESH -
CAMBODIA Article 74 of the Constitution states " The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation."
Article 75 provides " The State shall establish a social security system for workers and employees."
PEOPLE'S REPUBLIC
OF CHINA.
Article 45 of the Constitution states:-
" Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.
The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens."
GEORGIA -
INDIA Article 41 of the Constitution states:-" The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want."
The Social Security legislation requires the Government to provide rehabilitation services and to provide an unemployment benefit for long term unemployed persons with a disability.
JAPAN -
KAZAKHSTAN Article 28 states that a citizen shall be guaranteed a minimum wage and pension and guaranteed social security in old age, in case of disease, disability or loss of a breadwinner and other legal grounds.
KYRGYSTAN Article 27 of the Constitution says: -
Social maintenance at the expense of the Government in old age, in sickness, and in the event of complete or partial disability or the loss of the main provider shall be guaranteed by the Kyrgystan Republic.
LAO PEOPLES DEMOCRATIC REPUBLIC Article 26 of the Constitution states " Lao citizens have the right to work and engage in occupations which are not against the law. Working people have the right to rest, to receive medical treatment in times of ailment, to receive assistance in case of incapacity and disability, in old age and other cases prescribed by law."
MALAYSIA -
MONGOLIA Article 16(5) gives the right "to material and financial assistance in old age, disability, childbirth and childcare, and other circumstances as provided by law."
THE KINGDOM
OF NEPAL
A State policy in the Constitution requires the State to pursue such policies in matters of health, education, and social security of orphans, helpless women, the aged, disabled and incapacitated persons, as will ensure their protection and welfare.
PDR KOREA Article 72 of the Constitution sets out: -
NORTH KOREA "Citizens are entitled to free medical care, and all persons who are no longer able to work because of old age, illness or a physical disability, the old and the children who have no means of support are all entitled to material assistance."
Article 76. " Revolutionary fighters, the families of revolutionary and patriotic martyrs, the families of soldiers of the People's Army, and disabled enjoy the special protection of the State and society."
PAKISTAN Article 38 of the 1973 Constitution provides that the State shall "Provide the basic necessities of life , such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness, or unemployment."
The PHILIPPINES There is a Social Reform and Poverty Alleviation Act which is aimed at creating minimum basic needs for families including provision for housing, food, health, water, income and public safety. There is no specific mention of persons with a disability.
SOUTH KOREA Article 34 of the Constitution says: -
(2) The State shall have the duty to endeavor to promote social security and welfare.
(5) Citizens who are incapable of earning a livelihood due to physical disability, disease , old age or other reasons shall be protected by the State under conditions prescribed in the Act.
TAJIKISTAN Article 39 of the Constitution states: -" Every person is guaranteed social security in old age, in the event of sickness and disability, loss of ability to work, or loss of a guardian or other instances prescribed by law."
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA ( TAIWAN ) Article 155 of the Constitution states " The State shall establish a system of social insurance to promote social welfare. To the aged and physically disabled, who are unable to make a living, and to the victims of extraordinary calamities, the State shall provide appropriate assistance and relief."
TURKEY Article 60 of the Constitution states that everyone has the right to social security.
Article 61 provides that "The State shall protect the widows and orphans of those killed in war or in the line of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard of living.
The State shall take measures to protect the disabled and secure their integration into community life."
TURKMENISTAN Article 34 of the Constitution states: -" Citizens have the right to social services if they are elderly, sick, disabled, unable to work have lost their provider or are unemployed."
VIETNAM Article 67 of the Constitution provides that old people, infirm people and orphans without support shall receive state assistance.
COUNTRY 4.Social security, health, insurance, funding.
Does the health ( or welfare) system provide aids and equipment ( E.g. wheelchairs, crutches, hearing aids, glasses, lifting equipment, special beds etc) ?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC OF CHINA. -
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL
-
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND The Constitution provides that the disabled or handicapped shall have the right to receive public conveniences and other aids from the State as prescribed by law.
Current published policy is to provide assistance and support for the participatory development of the poor, the disabled, the handicapped, and the underprivileged to enable them to enjoy a good quality of life and look after themselves.
Health policy is to promote universal health insurance and a capped cost for medical treatment.
THE MALDIVES -
THE REPUBLIC OF CHINA ( TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 4. Social security, health, insurance, funding.
Is there any system for persons who becomes disabled as a result of an injury to receive financial or other assistance? Does the system operate only when the injury happened at work?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM OF NEPAL -
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND In 1994 Workers Compensation Act was passed to compensate persons becoming disabled through work, with provision of treatment rehabilitation and equipment if needed.
THE MALDIVES -
THE REPUBLIC OF CHINA ( TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 5. Does your country provide customs or excise or taxation relief, or subsidies or benefits for persons with a disability or to assist them.
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA -
INDIA -
JAPAN -
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL.
-
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA (TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 6. Is there a system to provide legal assistance to persons with a disability who cannot afford to pay for it?
Do persons with a disability have to make a contribution towards the cost if they cannot pay in full?
ARMENIA Article 40 of the Constitution sets out: - " Everyone is entitled to receive legal assistance. Legal assistance may be provided free of charge in cases prescribed for by law."
AZERBAIJAN Article 61 of the Constitution says : -
Right to Get Legal Help.
Every person shall have the right to get qualitative legal assistance. In cases specified by law, legal help will be rendered free at the expense of the State."
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA -
INDIA Article 39A of the Constitution provides :-" The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or any other disability."
JAPAN -
KAZAKHSTAN Article 13(3) Everyone shall have the right to qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.
KYRGYSTAN Article 40 of the Constitution states that every citizen in the Kyrgystan Republic will be provided with the qualified legal assistance and protection of rights and freedoms guaranteed by the Constitution.
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL.
A State Policy set out in the Constitution says the State shall, in order to secure justice for all, pursue a policy of providing free legal aid to indigent persons for their legal representation in keeping with the principle of the Rule of Law.
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC OF CHINA ( TAIWAN ) -
TURKEY -
TURKMENISTAN -
VIETNAM -

COUNTRY 7. Are there any laws or practices which need revision to update them?
ARMENIA -
AZERBAIJAN -
BANGLADESH -
CAMBODIA -
PEOPLE'S REPUBLIC
OF CHINA.
-
GEORGIA -
INDIA -
JAPAN The Immigration Control and Refugee Recognition Act contains prohibitions against entry into Japan by any person who is mentally defective.
KAZAKHSTAN -
KYRGYSTAN -
LAO PEOPLES DEMOCRATIC REPUBLIC -
MALAYSIA -
MONGOLIA -
THE KINGDOM
OF NEPAL.
-
PDR KOREA -
NORTH KOREA -
PAKISTAN -
The PHILIPPINES -
SOUTH KOREA -
TAJIKISTAN -
THAILAND -
THE MALDIVES -
THE REPUBLIC
OF CHINA ( TAIWAN )
-
TURKEY -
TURKMENISTAN -
VIETNAM -