I. CHINA
A. Law of the People's Republic of China
on the Protection of Disabled Persons*
* English translation from the original text in Chinese provided by the China Disabled Persons' Federation.
DECREE BY THE
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Contents
Chapter I General Provisions
Chapter II Rehabilitation
Chapter III Education
Chapter IV Employment
Chapter V Cultural Life
Chapter VI Welfare
Chapter VII Environment
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Appendix
General Provisions
Article 1. [Purpose and Basis]
This Law is formulated in accordance with the Constitution for the purpose of protecting the lawful rights and interests of, and developing undertakings for, disabled persons, and ensuring their equal and full participation in social life and their share of the material and cultural wealth of society.
Article 2. [Definition, Categories and Criteria]
A disabled person is a person who suffers from abnormalities or loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal.
The term "disabled persons" refers to those with visual, hearing, speech or physical disabilities, intellectual disability, mental disorder, multiple disabilities and/or other disabilities.
The criteria for classification of disabilities shall be established by the State Council.
Article 3. [Protection of Rights]
Disabled persons shall enjoy, on an equal basis with other citizens, rights in political, economic, cultural and social fields, in family life and other aspects.
The citizenship rights and personal dignity of disabled persons shall be protected by the law.
Discrimination against and insult of disabled persons and commission of harmful acts against disabled persons shall be prohibited.
Article 4. [Special Assistance]
The state shall provide disabled persons with special assistance by adopting supplementary methods and supportive measures, with a view to alleviating or eliminating the effects of their disabilities, as well as removing social and built environment barriers and ensuring the fulfilment of their rights.
Article 5. [Special Assurance]
The state and society shall provide special assurance, preferential treatment and pensions for wounded or disabled military personnel, as well as persons disabled while on duty or while protecting the interests of the state and people.
Article 6. [Responsibilities of Government]
The people's governments at all levels shall incorporate undertakings for disabled persons into plans for economic and social development through budgetary allocations, overall planning and coordination and other measures under strengthened leadership, with a view to ensuring that undertakings for disabled persons develop in coordination with economic and social progress.
The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures to coordinate the concerned departments on the work for people with disabilities. The establishment of specific institutions shall be decided upon by the State Council and/or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The concerned departments under the people's government at various levels shall keep in close contact with disabled persons, solicit their opinions and fulfil respectively their own duties in the work for disabled persons.
Article 7. [Responsibilities of Society]
The whole society should display socialist humanitarianism, understand, respect, as well as care for, assist persons with disabilities, and support the work for persons with disabilities.
State organs, non-governmental organizations, enterprises, institutions and urban and rural organizations at grassroots level should do their work for disabled persons well, as is within their responsibility.
State functionaries and other personnel engaged in the work for disabled persons should work hard to fulfil their lofty duties in serving disabled persons.
Article 8. [Responsibilities of the Disabled Persons' Federation]
The China Disabled Persons' Federation (CDPF) and its local branches shall represent the common interests of disabled persons, protect their lawful rights and interests, unite and educate disabled persons, as well as provide service for disabled persons.
CDPF shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.
Article 9. [Responsibilities of Fosterer, Guardian and Family Member]
Legal care-givers of disabled persons must fulfill their duties towards their charges.
Guardians of disabled persons must fulfill their duties of guardianship and protect the lawful rights and interests of their charges.
Family members and guardians of disabled persons should encourage and assist disabled persons to enhance their capability of self-reliance.
Maltreatment and abandoning of disabled persons shall be prohibited.
Article 10. [Obligations of Disabled Persons]
Disabled persons must abide by laws, carry out their due obligations, observe public order and respect social morality.
Disabled persons should display an optimistic and enterprising spirit, have a sense of self-respect, self-confidence, self-strength and self-reliance, and make contributions to socialist construction.
Article 11. [Prevention of Disabilities]
The state shall undertake, in a planned way, the work of disability prevention, strengthen leadership in this regard, publicize and popularize knowledge of good pre-natal and post-natal care as well as disability prevention, formulate laws and regulations dealing with disability-causing factors such as heredity, diseases, medical poisoning, accidents, calamity and environmental pollution and adopt measures to prevent the occurrence and aggravation of disabilities by organizing and mobilizing social forces.
Article 12. [Award]
Government and the concerned departments shall award those disabled persons who have made notable achievements in socialist construction and those units or individuals who have made remarkable contributions to safeguarding the lawful rights and interests of disabled people, promoting undertakings and providing service for disabled persons.
Rehabilitation
Article 13. [Responsibilities]
The state and society shall adopt measures of rehabilitation to help disabled persons regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.
Article 14. [Guiding Principle]
The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions as the core and community-based rehabilitation as the basis, and relying on the families of disabled persons for support. Emphasis shall be laid on rehabilitation projects which are practical, easy to realize and widely beneficial. Efforts shall also be made in the research, exploration and application of new rehabilitation technology so as to provide more effective rehabilitation service for disabled persons.
Article 15. [Implementation]
Government and the concerned departments shall establish, in a planned way, medical rehabilitation departments (sections) in hospitals, set up appropriate special institutions of rehabilitation and carry out clinical practice and training, scientific research, personnel training and work of technical guidance in the field of rehabilitation.
The people's government at various levels and concerned departments should organize and guide urban and rural community service networks, medical prevention and health care networks, organizations and families of disabled persons and other social forces in carrying out community-based rehabilitation work.
Departments of education, welfare enterprises and institutions and other service organizations for disabled persons should create conditions for rehabilitation training activities.
Disabled persons, with guidance from professional personnel and help from relevant staff, volunteers and family members, should actively take part in training programmes for functional recovery, and the development of self-care ability and work skills.
The State Council and concerned departments shall determine priority rehabilitation projects by stages, formulate plans thereof and organize forces for their implementation.
Article 16. [Personnel Training]
Medical colleges and schools and other relevant educational institutes should, in a planned way, offer curricula and specialities on rehabilitation so as to train various kinds of rehabilitation specialists.
The state and society shall provide various forms of technical training for personnel engaged in rehabilitation work, popularize knowledge of rehabilitation among disabled persons, their family members, relevant staff and volunteers and teach them methods of rehabilitation.
Article 17. [Assistive Devices]
The concerned governmental departments should organize and support the research, production, supply and maintenance of rehabilitation equipment, assistive devices for self-reliance, as well as special and other assistive devices for persons with disabilities.
Education
Article 18. [Responsibilities]
The state shall guarantee the right of disabled persons to education.
The people's government at various levels should make the education of disabled persons a component of the state education programme, include it in their overall planning and strengthen leadership in this respect.
The state, society, schools and families shall provide compulsory education for disabled children and juveniles.
The state shall exempt disabled students who accept compulsory education from tuition and reduce sundry fees or exempt them from such fees according to actual situations. The state shall set up grant-in-aid to assist students who are poor and disabled.
Article 19. [Education According to Different Characteristics]
The education of disabled persons shall be carried out according to their physical and psychological characteristics and needs and shall meet the following requirements:
- Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural education;
- Adopt ordinary or special methods of education according to different categories of disability and varied abilities of response of the disabled persons; and
- The curricula, teaching materials and methods for special education and the age requirement for admission and schooling may be determined with appropriate flexibility.
Article 20. [Principle of Development]
The principle of combining popularization with upgrading of quality shall be implemented in the education of disabled persons, with emphasis on the former. Priority shall be given to compulsory education and vocational and technical education, while efforts shall be made to carry out preschool education and gradually develop education at and above the senior middle school level.
Article 21. [Channels of Education]
The state shall set up education institutions for disabled persons and encourage social forces to run schools and donate funds for schools.
Article 22. [Methods of Ordinary Education]
Ordinary education institutions shall provide education for disabled persons who are able to receive ordinary education.
Ordinary primary schools and junior middle schools must admit disabled children or juveniles who are able to adapt themselves to life and study there; ordinary senior middle schools, secondary polytechnic schools, technical schools and institutions of higher learning must admit disabled students who meet the state admission requirements and shall not deny their admission because of their disabilities; in case of such denial, the disabled students, their family members or guardians may appeal to the relevant authorities for disposition. The relevant authorities shall instruct the schools concerned to enroll the students.
Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there.
Article 23. [Methods of Special Education]
Preschool education institutions for disabled children, classes for disabled children attached to ordinary preschool education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of disabled children shall be responsible for the preschool education of disabled children.
Special schools at or below junior middle school level and special classes attached to ordinary schools shall be responsible for the implementation of compulsory education for disabled children and juveniles who are not able to respond to ordinary education.
Special schools and special classes attached to ordinary schools at or above senior middle school level, as well as institutions of vocational and technical education for disabled persons, shall be responsible for providing cultural education at or above senior middle school level and vocational and technical education for eligible disabled persons.
Article 24. [Adult Education]
The concerned governmental departments, units where disabled persons work and society in general shall carry out literacy promotion, vocational training and other forms of adult education among disabled persons and encourage them to tap their talents in the self-taught way.
Article 25. [Teaching Staff]
The state shall systematically set up various forms of teachers' schools and specialities for special education at different levels and special education classes (departments) attached to ordinary teachers' schools to educate and train teaching staff for special education. Ordinary teachers' schools shall offer curricula or lectures on special education so that teachers in ordinary education may have basic knowledge of special education.
Teachers of special education and sign language interpreters shall enjoy allowances for special education.
Article 26. [Auxiliary Means]
The concerned governmental departments shall organize and support the research and application of braille and sign language, the compilation, writing and publication of special education teaching materials and the research, production and supply of teaching apparatus and other auxiliary facilities for special education.
Employment
Article 27. [Responsibilities]
The state protects disabled persons' right to work.
The people's government at various levels shall formulate overall plans on the employment of disabled persons and create conditions for their employment.
Article 28. [Guiding Principles]
The employment of disabled persons shall follow the principle of combining concentrated job placement with dispersed job placement. Preferential policies and measures of support and protection shall be adopted with a view to gradually popularizing, stabilizing and rationalizing employment of disabled persons through multiple channels, at various levels and in a variety of forms.
Article 29. [Concentrated Employment]
The state and society shall set up welfare enterprises for disabled persons, work-rehabilitation centres, Tuina massage hospitals and clinics and other enterprises and institutions of a welfare nature as a way of providing concentrated employment for disabled persons.
Article 30. [Dispersed Employment]
The state shall promote the employment of disabled persons by various units. The people's government at all levels and concerned departments should organize and provide guidance in this regard. State organs, non-governmental organizations, enterprises, institutions and urban and rural collective economic organizations should employ a certain proportion of disabled persons in appropriate types of jobs and posts. The specific ratio may be determined by the people's government of provinces, autonomous regions and municipalities directly under the Central Government and in line with the actual conditions.
Article 31. [Self-employment]
The concerned governmental departments shall encourage and assist disabled persons to obtain employment through voluntary organizations or to embark on self-employment ventures.
Article 32. [Rural Labour]
The local people's government at various levels and rural grassroots organizations should organize and support disabled persons in the rural areas to engage in farming, horticulture, animal husbandry, as well as handicraft and other forms of production.
Article 33. [Preferential Treatment and Assistance]
The state shall implement the policy of tax reduction or exemption in relation to welfare enterprises and institutions for disabled persons and self-employed disabled workers in urban and rural areas, and provide assistance in production, management, technology, capital, supply of materials, work sites and other aspects.
The local people's government and the concerned departments shall determine the types of products suitable for production by disabled persons, give priority to welfare enterprises for disabled persons to produce such products and gradually determine which products are to be produced exclusively by such enterprises.
The concerned governmental departments shall, in determining the quota for recruiting and employing workers and staff members, allot a certain proportion of the quota to disabled persons.
The concerned departments shall, in verifying and issuing business licenses, give priority to disabled persons who apply for licences as self-employed workers or entrepreneurs and give them preferential treatment in allotting work sites and loans, and in other ways.
The concerned departments shall provide assistance for disabled persons engaged in various kinds of labour in the rural areas by way of production services, technical guidance, supply of materials for agricultural use, marketing of farm and sideline products, as well as loans.
Article 34. [Protection]
The state shall protect the property ownership and the managerial decision-making power of welfare enterprises and institutions for disabled persons, whose lawful rights and interests shall not be violated.
No discrimination shall be practised against disabled persons in recruitment, employment, granting of permanent employee status, promotion, determining technical or professional titles, payment, welfare, labour insurance or in other aspects.
No enterprises or institutions shall deny employment to graduates assigned by the state from institutions of higher learning, polytechnic schools or technical schools solely on the ground of their disabilities; in case of such denial, the disabled graduates may appeal to the concerned departments for disposition, and the relevant departments shall instruct the concerned enterprises or institutions to accept the said graduates.
Enterprises and institutions where disabled persons work shall provide the disabled workers with appropriate working conditions and labour protection.
Article 35. [Training of Employees]
Enterprises and institutions where disabled persons work shall provide in-service technical training for disabled employees, with a view to upgrading their skills and techniques.
Cultural Life
Article 36. [Responsibilities]
The state and society shall encourage disabled persons and assist them in participating in various forms of cultural, sports and recreational activities, and work to meet the needs of disabled persons concerning their spiritual and cultural life.
Article 37. [Guiding Principles]
Cultural, sports and recreational activities for disabled persons should be oriented towards grassroots levels, integrated in public cultural life and geared to the different characteristics and needs of different categories of disabled persons, with a view to bringing about their extensive participation.
Article 38. [Measures]
The state and society shall adopt the following measures to enrich the spiritual and cultural life of disabled persons
- Reflect the life of disabled persons through radio, film, television, press and periodicals, books and other media in the interests of disabled persons.
- Organize and support the compilation, writing and publication of braille books, talking books for blind persons and reading materials for deaf and intellectually disabled persons; offer TV programmes in sign language and insert subtitles or narration, as appropriate, in films and TV programmes.
- Organize and support disabled persons for their participation in mass cultural, sports and recreational activities, special arts performances, as well as hold special sports meets and support their participation in major international sports, games and related exchanges; and
- Provide facilities and accommodations for disabled persons at places of cultural, sports, recreational and other public activities and set up, in a planned way, activity centres for disabled persons.
Article 39. [Encouraging Creative Activities]
The state and society shall encourage and assist disabled persons to engage in literature, art, education, science, technology and other creative work beneficial to the public at large.
Welfare
Article 40. [Responsibilities]
The state and society shall adopt supportive, relief and welfare measures to provide for the security of and improve the lives of disabled persons.
Article 41. [Relief and Care]
The state and society shall provide relief and subsidies through various channels for disabled persons who face particular financial difficulty.
The state and society shall, in accordance with the relevant regulations, provide relief, the care of legal guardians and/or financial resources, for disabled persons who are not in a position to work.
Article 42. [Insurance]
Units where disabled persons work, urban and rural grassroots organizations and families of disabled persons should encourage and assist disabled persons to register for social insurance.
Article 43. [Welfare and Placement]
The people's government at various levels and society shall establish welfare centres and other placement and residential care institutions, as well as care for disabled persons, in accordance with the relevant regulations, and gradually improve their living standards.
Article 44. [Preferential Treatment and Accommodations]
Agencies of public services shall provide preferential and auxiliary services for disabled persons.
Concerning the use of public transport vehicles by disabled persons, they shall be provided with facilities and accommodations and shall be permitted to carry on board free of charge their essential assistive devices.
Blind persons may use local buses, trolley buses, subways and ferries free of charge. Mailing and delivery of publications for blind persons shall be free of charge.
The people's government at county and township levels shall, in line with the actual conditions, reduce or exempt disabled persons in rural areas from obligatory labour, public utilities fees and other social obligations.
The people's government at various levels shall gradually increase their care of and support for people with disabilities.
Environment
Article 45. [Responsibilities]
The state and society shall gradually create a sound environment for improving the conditions for disabled persons to participate in social life.
Article 46. [Barrier-free Facilities]
The state and society shall gradually regularize the Design Code for the Accessibility of Disabled Persons to Urban Roads and Buildings and adopt barrier-free measures.
Article 47. [Mutual Understanding and Assistance]
The state and society shall promote mutual understanding and exchanges between disabled persons and other citizens, publicize undertakings concerning disabled persons, and deeds of assisting disabled persons, promote disabled persons' spirit of determination and perseverance, as well as foster a social environment of solidarity, mutual caring and assistance.
Article 48. [National Day of Assisting Disabled Persons]
The third Sunday of May each year shall be observed as the National Day of Assisting Disabled Persons.
Legal Liability
Article 49. [Appeal and Prosecution]
Where the lawful rights and interests of disabled persons are violated, the offended persons or their agents shall have the right to appeal to the competent authorities for disposition, or institute lawsuits in people's courts, in accordance with the law.
Article 50. [Administrative Liability]
Where government functionaries neglect their duties, in violation of the law, and infringe upon the lawful rights and interests of disabled persons, the units to which they belong or their higher authorities shall instruct such persons to correct their wrongdoings or subject them to administrative sanctions.
Article 51. [Civil Liability]
Whoever infringes upon the lawful rights and interests of a disabled person and causes property or other losses or damage shall compensate for the losses or damage according to the law or bear other civil liabilities.
Article 52. [Administrative Punishment and Criminal Liability]
Whoever infringes upon the right of person or other lawful rights of disabled persons by taking advantage of their disabilities, and which constitutes a crime, shall be given heavier punishment, in accordance with the relevant provisions of the Criminal Law.
Whoever, by violence or other means, publicly insults disabled persons, shall, if the circumstances are serious, be investigated for criminal responsibility, in accordance with the provisions of Article 145 of the Criminal Law, and, if the circumstances are less serious, be subject to punishment, in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security.
Whoever maltreats disabled persons shall be punished in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security; and, if the circumstances are flagrant, he/she shall be investigated for criminal responsibility, in accordance with the provisions of Article 182 of the Criminal Law.
Whoever refuses to perform his/her legal duty of providing care for a disabled person who is unable to live independently, shall, if the circumstances are flagrant, or if he/she abandons such a disabled person, be investigated for criminal responsibility, in accordance with the provisions of Article 183 of the Criminal Law.
Whoever rapes a disabled person who is unable to account for her own conduct due to intellectual disability or mental disorder shall be deemed to have committed rape and shall be investigated for criminal responsibility, in accordance with the provisions of Article 139 of the Criminal Law.
Supplementary Provisions
Article 53. [Regulations and Local Statutes]
The concerned departments under the State Council shall formulate relevant regulations in accordance with this Law and submit them to the State Council for approval before implementation.
The standing committees of the people's congress of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures of implementation in accordance with this Law.
Article 54. [Entry into Force]
This Law shall enter into force as of May 15, 1991.
* For the purpose of study, publicity and implementation of this Law, upon the approval of the relevant authorities, article titles, attached to the draft Law which is submitted by the State Council to the Standing Committee of the National People's Congress for examination, are retained in the Law of the People's Republic of China on the Protection of Disabled Persons as publicized above.
Appendix
Relevant Articles of the Criminal Law of the People's Republic of China
Article 139. Whoever rapes a woman by force, threat or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Whoever has sexual relations with a girl under the age of 14 shall be deemed to have committed rape and shall be given heavier punishment.
If the circumstances of a crime mentioned in the preceding two paragraphs are especially serious or a person's serious bodily injury or death has been caused, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.
If two or more persons commit rape and violate the same victim in succession, they shall be given heavier punishment.
Article 145. Whoever, by violence or other methods, including the use of "big character posters" and "small character posters", publicly insults another person or fabricates facts to defame him/her, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.
The crime mentioned in the preceding paragraph shall be handled only upon complaint, except where serious harm has been done to the public order and to the interests of the state.
Article 182. Whoever maltreats a member of his/her family, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
If anyone committing the crime mentioned in the preceding paragraph causes serious injury or death to his/her victim, he/she shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.
The crime mentioned in the first paragraph of this article shall be handled only upon complaint.
Article 183. Whoever refuses his/her proper duty to support an aged person, minor, sick person or any other person who cannot live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Relevant Articles of Regulations on Administrative Penalties
for Public Security of the People's Republic of China
Article 22. Whoever commits one of the following acts infringing upon a citizen's rights of the person, but not serious enough for criminal punishment, shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning:
...
(3) Openly insulting other persons or fabricating stories to slander other persons;
(4) Maltreating family members, when the victims thereof ask for disposition;
...
B. Regulations on the Education of Persons with Disabilities*
* English translation from the original text in Chinese provided by the China Disabled Persons' Federation
Decree of the
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Contents
Chapter I General Provisions
Chapter II Pre-school Education
Chapter III Compulsory Education
Chapter IV Vocational Education
Chapter V Education at or above Ordinary Senior Middle School Level and Adult Education
Chapter VI Teachers
Chapter VII Guarantee for Material Conditions
Chapter VIII Rewards and Punishments
Chapter IX Supplementary Provisions
General Provisions
Article 1
These Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons and laws concerning education, for the purpose of safeguarding the right of persons with disabilities to education and developing educational undertakings for persons with disabilities.
Article 2
The education of persons with disabilities shall be carried out in compliance with the state's educational policies to raise in an all-round way the quality of persons with disabilities, according to their physical and mental needs, and to create conditions for their equal participation in social life.
Article 3
The education of persons with disabilities is a component of the State education programme.
The principle of combining popularization with upgrading of quality shall be implemented in developing the education of persons with disabilities, with emphasis on the former. Priority shall be given to compulsory education and vocational education, while efforts shall be made to carry out pre-school education and gradually develop education at or above senior middle school level.
The education of persons with disabilities shall be carried out by adopting normal or special methods of education according to the different categories of disabilities and varied learning abilities and aptitudes of individuals, and by bringing into full play the role of ordinary educational institutions in the education of persons with disabilities.
Article 4
The people's government at various levels shall strengthen their leadership over the education of persons with disabilities, formulate overall plans for its development, and increase step by step funds for the education of persons with disabilities so as to improve conditions for running schools.
Article 5
The administrative department of education under the State Council shall be in charge of the education of persons with disabilities throughout the country. The administrative departments of education of the people's government at or above the county level shall be in charge of the education of persons with disabilities within their respective administrative areas.
The people's government at or above the county level and other relevant departments shall, within the scope of their respective functions and responsibilities, be responsible for the relevant work of education of persons with disabilities.
Article 6
The China Disabled Persons' Federation (CDPF) and its local branches shall actively promote and develop the education of persons with disabilities.
Article 7
Pre-school education institutions, schools of various types and levels and other education institutions shall carry out the education of persons with disabilities in accordance with the provisions of relevant laws and regulations of the State.
Article 8
Families of persons with disabilities shall assist those persons to be educated.
Article 9
All members of society shall concern themselves with and support the educational undertakings of persons with disabilities.
Pre-school Education
Article 10
Pre-school education for children with disabilities shall be carried out by the following institutions:
- (1) Pre-school education institutions for children with disabilities;
- (2) Ordinary pre-school education institutions;
- (3) Welfare institutions for children with disabilities;
- (4) Institutions of rehabilitation for children with disabilities;
- (5) Pre-school classes of ordinary primary schools and pre-school classes of special education schools.
Families shall be responsible for the pre-school education of their children with disabilities.
Article 11
The education of children with disabilities shall be carried out in combination with child care and rehabilitation.
Article 12
Health care institutions, as well as pre-school education institutions for children with disabilities and families of children with disabilities shall pay attention to early detection of childhood disabilities, as well as early rehabilitation and early education of children with disabilities.
Pre-school education institutions for children with disabilities and health care institutions shall provide consultation and guidance on children with disabilities in respect of early detection of their disabilities, early rehabilitation and early education.
Compulsory Education
Article 13
The local people's government at various levels shall include the education of children with disabilities and adolescents in local plans for the development of compulsory education and make overall arrangements for its implementation.
The people's government at or above the county level, in conducting supervision, guidance or inspection of the implementation of compulsory education, shall subject the implementation of compulsory education for children and adolescents with disabilities to their supervision, guidance or inspection.
Article 14
Parents or other guardians of school-age children and adolescents with disabilities shall make their children or wards receive compulsory education according to the law.
Article 15
The age limit for admission and schooling of children and adolescents with disabilities receiving compulsory education shall be the same as that for their non-disabled peers; when necessary and as appropriate, the age limit for admission and schooling may be raised.
Article 16
The administrative departments of education and public health of the people's government at the county level shall organize consultations on the enrollment of school-age children and adolescents with disabilities, conduct assessment of their disabilities, and put forward suggestions regarding the ways through which they receive education.
Article 17
School-age children and adolescents with disabilities may, in light of the actual conditions, receive compulsory education through the following ways:
- (1) Study in classes of ordinary schools;
- (2) Study in special education classes attached to ordinary schools, welfare institutions for children or other institutions;
- (3) Study in special education schools.
The local people's government at various levels shall gradually create conditions to provide, through other appropriate ways, compulsory education to school-age children and adolescents with disabilities who are unable to study in school due to their levels of physical functioning.
Article 18
In respect of students with disabilities who have financial difficulties, fees and other expenses shall be reduced or exempted according to the circumstances.
Article 19
Educational work in special education schools (classes) shall adhere to the principle of combining ideological, cultural and labour skill education with due attention to meeting their physical and mental needs; classification teaching shall be offered to meet the individual needs of students with diverse disabilities; teaching on a one-to-one basis shall be offered in schools where conditions permit.
Article 20
The curricula, teaching programmes and teaching material of special education schools (classes) shall be adapted to the needs of children and adolescents with disabilities.
The curricula and teaching programmes of schools (classes) of special education for children and adolescents with disabilities shall be developed by the administrative department of education under the State Council, while the teaching material shall be reviewed and approved by the administrative departments of education of the people's government at or above the provincial level.
Article 21
Ordinary schools shall, in accordance with the relevant provisions of the State, admit school-age children and adolescents with disabilities who are able to adapt themselves to study in ordinary classes, and shall provide assistance to them according to their special needs in study and rehabilitation. Schools, where conditions permit, may have classrooms for guidance in their study.
The administrative departments of education of the people's government at the county level shall, within their respective administrative areas, strengthen their guidance in the teaching work of ordinary schools in which children and adolescents with disabilities study.
The curricula, teaching programmes and teaching material for ordinary schools implementing compulsory education may be applied to students with disabilities receiving compulsory education in ordinary schools; however, the requirements for the study of such students may be determined with appropriate flexibility.
Article 22
Special education schools that implement compulsory education shall, in accordance with need and at appropriate stages, carry out labour skill education, vocational education and vocational guidance among students with disabilities.
Vocational Education
Article 23
The people's government at various levels shall include vocational education for persons with disabilities in the general plan for the development of vocational education, establish a system of vocational education for persons with disabilities and formulate overall plans for its implementation.
Article 24
In respect of vocational education for persons with disabilities, priority shall be given to the development of primary and secondary vocational education. Due attention shall be paid to the development of higher vocational education. Medium and short-term training, with practical skills training as a main focus, shall be conducted.
Article 25
The system of vocational education for persons with disabilities is composed of institutions of ordinary vocational education and institutions of vocational education for persons with disabilities, with institutions of ordinary vocational education as the main body.
The local people's government at or above the county level shall, according to need, establish in a rational way institutions of vocational education for persons with disabilities.
Article 26
Ordinary schools of vocational education must enroll persons with disabilities who meet the State's admission requirements, while ordinary institutions of vocational training shall make efforts to enroll persons with disabilities.
Article 27
Schools of vocational education for persons with disabilities and institutions of vocational training for persons with disabilities shall, in accordance with the social need as well as the levels of physical and mental functioning of persons with disabilities, set up courses, and in line with teaching needs and conditions, develop well-run school-owned enterprises as a basis for practical skill training.
Article 28
In respect of students with disabilities who have financial difficulties, tuition and fees shall be reduced or exempted according to the circumstances.
Education at or above Ordinary Senior
Middle School Level and Adult Education
Article 29
Ordinary senior middle schools, institutions of tertiary education and institutions of adult education must enroll students with disabilities who meet the State's admission requirements and shall not deny them enrollment on account of their disabilities.
Article 30
The local people's government at or above the level of cities divided into districts may, according to need, establish special education schools (classes) at or above senior middle school level in order to enhance the level of education of persons with disabilities.
Article 31
The administrative departments of education of the people's government at or above the county level shall, in conjunction with broadcasting and television departments and in light of the actual conditions, offer or re-transmit programmes on subjects or courses suitable for persons with disabilities.
Article 32
Units where persons with disabilities work shall carry out education in cultural knowledge and technical training with regard to persons with disabilities working in those units.
Article 33
Anti-illiteracy education shall include illiterate or semi-literate persons with disabilities who have reached the age of 15 and who have not lost their ability to study.
Article 34
The state and society shall encourage and assist persons with disabilities to fulfil their potential through, inter alia, self-teaching.
Teachers
Article 35
The people's government at various levels shall attach great importance to the cultivation and training of teachers engaged in the education of persons with disabilities, adopt measures to gradually promote their status and welfare benefits, improve their working environment and conditions, and encourage them to devote their whole life to the education of persons with disabilities.
Article 36
Teachers engaged in the education of persons with disabilities shall devote themselves to their professional responsibilities, value their students, have the spirit of socialist humanitarianism, be concerned about their students and possess the professional knowledge and skills necessary for the education of persons with disabilities.
Article 37
The State shall institute a certificate system of qualification for teachers engaged in the education of persons with disabilities; the specific measures shall be formulated by the administrative department of education under the State Council, in conjunction with other administrative departments under the State Council.
Article 38
Units that sponsor special education schools shall, in line with the standards for size of teaching staff in special education schools, assign to those schools teachers to undertake such work as teaching and rehabilitation.
The standards for size of teaching staff in special education schools shall be developed by the administrative department of education under the State Council, in conjunction with other administrative departments under the State Council.
Article 39
The administrative department of education under the State Council and the people's government of provinces, autonomous regions and municipalities directly under the Central Government shall systematically set up degree courses in special education schools and teachers' colleges, or, attach special education teachers' training classes (departments) to ordinary teachers' schools to train teachers for special education.
Article 40
The administrative departments of education of the local people's government at or above the county level shall include the education and training of special education teachers in their work plans and, by establishing training bases, or through other means, carry out advanced training of teachers engaged in special education.
Article 41
Ordinary teachers' colleges and schools shall offer in a planned way compulsory or elective courses of special education so that trainee teachers may master the basic knowledge and skills of special education, and thus meet the need for teachers who teach students with disabilities studying in ordinary schools.
Article 42
Teachers, staff members and workers engaged in the education of persons with disabilities shall, in accordance with relevant provisions of the State, be entitled to subsidies and other benefits for the education of persons with disabilities.
Guarantee for Material Conditions
Article 43
The people's government of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the special features of the education of persons with disabilities and on the basis of the guiding standards of the competent administrative departments under the State Council, lay down, within their respective administrative areas, standards for construction, expenditure and allocation of teaching aids and equipment to schools for persons with disabilities.
Article 44
The people's government at various levels shall be responsible for raising funds to cover expenditure for the education of persons with disabilities, and the funds shall be guaranteed and gradually increased along with the increase of the educational operating expenses.
The people's government at or above the county level may, according to need, set up special subsidy funds, which shall be used for the development of the education of persons with disabilities.
In respect of the fund appropriated by the local people's government at various levels for compulsory education and the collected educational surcharges, a certain proportion of the fund and surcharges shall be used for compulsory education of children and adolescents with disabilities.
Article 45
The State shall encourage all sectors of society to sponsor education institutions for persons with disabilities or to contribute funding support for their education.
Article 46
The local people's government at or above the county level shall make overall plans and rational layouts in respect of the establishment of education institutions for persons with disabilities.
The establishment of schools for persons with disabilities shall be subject to the examination and approval of the administrative departments of education, in accordance with the relevant provisions of the State.
Article 47
The construction of education institutions for persons with disabilities shall be adapted to meet the special needs of students with disabilities in their study, rehabilitation and life.
Ordinary schools shall, in light of their actual conditions, provide an enabling environment for students with disabilities to pursue their studies and student life.
Article 48
The people's government at or above the county level and their concerned departments shall adopt preferential policies and measures to support the research and production of instruments and equipment, teaching aids, as well as assistive devices and other auxiliary articles used for the education of persons with disabilities, and to support educational institutions for persons with disabilities in the establishment and development of school-run enterprises or welfare enterprises.
Rewards and Punishments
Article 49
Rewards shall be given by the people's government at various levels or their administrative departments of education to units and individuals that have performed any of the following deed
(1) Made outstanding contributions to the teaching of or research on the education of persons with disabilities;
(2) Exerted great efforts in helping persons with disabilities to attend school;
(3) Achieved remarkable success in the research and production of instruments, equipment, teaching aids and assistive devices used for the education of persons with disabilities, as well as in improving the quality of their education;
(4) Accomplished significant achievements in the construction or development of schools for persons with disabilities; or
(5) Made other major contributions in the educational undertakings of persons with disabilities;
Article 50
If anyone commits any of the following acts, the departments concerned shall impose on the persons who are held directly responsible administrative sanctions:
(1) Refusing to enroll any person with a disability who should be enrolled according to the relevant provisions of the State;
(2) Insulting, imposing corporal punishment on or beating any student with a disability;
(3) Seizing, embezzling or misappropriating funds intended for the education of persons with disabilities.
In the case specified in sub-paragraph (1) of the preceding paragraph, the concerned administrative department of education shall order the school in question to enroll the person with a disability in school.
In the case specified in sub-paragraph (2) of the preceding paragraph, if there has been a violation of the Regulations of the People's Republic of China on Administrative Penalties for Public Security, administrative sanctions shall be imposed by the public security organ.
Whoever has committed any of the acts specified in sub-paragraph (2) and/or (3) of the preceding paragraph, if the case constitutes a crime, it shall be investigated for criminal responsibility according to the law.
Supplementary Provisions
Article 51
The people's government of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementing rules in accordance with these Regulations.
Article 52
These Regulations shall enter into force as of the date of promulgation.
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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Legislation on Equal Opportunities and Full Participation in Development for Disabled Persons: Examples from the ESCAP region
- 1. China -
Printed in Thailand
December 1997 1,250
United Nations Publication
Sales No. E.98.II.F.21
Copyright © United Nations 1997
ISBN: 92-1-119789-9
ST/ESCAP/1651