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Legal text of the Law of the People's Republic of China on the Protection of Disabled Persons
first

In order to safeguard the legitimate rights and interests of the disabled, develop the cause of the disabled, and ensure that the disabled can fully participate in social life on an equal footing and enjoy the material and cultural achievements of society, this Law is formulated in accordance with the Constitution.

second

A disabled person refers to a person who has lost all or part of his ability to engage in certain activities in a normal way in psychology, physiology and human structure or some organizations and functions are abnormal.

Disabled people include people with visual disabilities, hearing disabilities, speech disabilities, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities and other disabilities.

Disability standards are formulated by the State Council.

essay

Disabled people enjoy equal rights with other citizens in political, economic, cultural, social and family life.

The civil rights and personal dignity of disabled people are protected by law.

Discrimination on the basis of disability is prohibited. It is forbidden to insult or infringe upon the disabled. It is forbidden to degrade or damage the personality of disabled people through mass media or other means.

Article 4

The state adopts auxiliary methods and supportive measures to give special help to the disabled, reduce or eliminate the influence of disability and external obstacles, and ensure the realization of the rights of the disabled.

Article 5

The people's governments at or above the county level shall incorporate the cause of the disabled into the national economic and social development plan, strengthen leadership, comprehensively coordinate, incorporate the funds for the cause of the disabled into the fiscal budget, and establish a stable funding guarantee mechanism.

The State Council has formulated the development program for the disabled in China, and the local people's governments at or above the county level have formulated the development plan and annual plan for the disabled in their respective administrative areas according to the development program for the disabled in China, so as to coordinate the development of the cause for the disabled with the economy and society.

The departments in charge of disabled people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in the cause of disabled people.

People's governments at all levels and relevant departments should keep close contact with the disabled, listen to their opinions and do a good job in the work of the disabled in accordance with their respective responsibilities.

Article 6

The state takes measures to ensure that disabled people can manage state affairs, economic and cultural undertakings and social affairs according to law through various channels and forms.

Formulate laws, regulations, rules and public policies, and listen to the opinions of disabled people and their organizations on major issues involving the rights and interests of disabled people and their undertakings.

Disabled persons and disabled persons' organizations have the right to put forward opinions and suggestions to state organs at all levels to protect the rights and interests of disabled persons and develop their undertakings.

Article 7

The whole society should carry forward the humanitarian spirit, understand, respect, care for and help the disabled and support the cause of the disabled.

The state encourages social organizations and individuals to provide donations and services to the disabled.

State organs, social organizations, enterprises and institutions and urban and rural grassroots mass autonomous organizations shall do a good job in the work of disabled people within their respective scope.

State functionaries and other persons engaged in the work for the disabled shall perform their duties according to law and strive to serve the disabled.

Article 8

The China Disabled Persons' Federation and its local organizations represent the interests of the disabled, safeguard their legitimate rights and interests, unite and educate them and serve them.

China Disabled Persons' Federation and its local organizations carry out work for the disabled, mobilize social forces and develop the cause of the disabled in accordance with laws, regulations, articles of association or government entrustment.

Article 9

The dependents of the disabled must fulfill their obligation to support the disabled.

Guardians of disabled persons must perform their guardianship duties, respect the wishes of the ward and safeguard the legitimate rights and interests of the ward.

Relatives and guardians of disabled persons should encourage and help disabled persons to enhance their self-reliance.

Domestic violence against the disabled, maltreatment and abandonment of the disabled are prohibited.

Article 10

The state encourages disabled people to be self-respecting, self-confident, self-reliant and self-reliant and contribute to socialist construction.

Disabled people should abide by laws and regulations, fulfill their due obligations, observe public order and respect social morality.

Article 11

The state carries out disability prevention work in a planned way, strengthens leadership in disability prevention work, publicizes and popularizes knowledge of maternal and child health care and disability prevention, establishes and improves mechanisms for prevention, early detection and early treatment of birth defects, and organizes and mobilizes social forces to take measures against genetic, disease, drugs, accidents, disasters, environmental pollution and other disabling factors to prevent the occurrence of disability and reduce the degree of disability.

The state establishes and improves the statistical investigation system for the disabled, and conducts statistical investigation and analysis on the situation of the disabled.

Article 12

The state and society give special protection, pensions and preferential treatment to disabled soldiers, disabled persons in the line of duty and other disabled persons, and safeguard the interests of the state and the people.

Article 13

People's governments at all levels and relevant departments shall commend and reward disabled people who have made remarkable achievements in socialist construction, as well as units and individuals who have made remarkable achievements in safeguarding the legitimate rights and interests of disabled people, developing undertakings for disabled people and serving them.

Article 14

The third Sunday in May is the National Day for Helping the Disabled every year.

Article 15

The implementation rules of each province are the same. Article 15 The state guarantees the right of disabled people to enjoy rehabilitation services.

People's governments at all levels and relevant departments should take measures to create conditions for the rehabilitation of the disabled, establish and improve the rehabilitation service system for the disabled, implement key rehabilitation projects by stages, help the disabled recover or compensate their functions, and enhance their ability to participate in social life.

Sixteenth rehabilitation work should proceed from reality and combine modern rehabilitation technology with traditional rehabilitation technology in China; Based on community rehabilitation, rehabilitation institutions are the backbone and families of disabled people are the support; Give priority to the rescue treatment and rehabilitation of disabled children, focusing on practical, simple and beneficial rehabilitation content; Develop science and technology that meets the requirements of rehabilitation, encourage independent innovation, strengthen the research, development and application of new rehabilitation technologies, and provide effective rehabilitation services for the disabled.

Seventeenth people's governments at all levels encourage and support social forces to set up rehabilitation institutions for the disabled.

Local people's governments at all levels and relevant departments shall organize and guide urban and rural community service organizations, medical prevention and health care institutions, organizations of the disabled, families of the disabled and other social forces to carry out community rehabilitation work.

Educational institutions, welfare units and other institutions serving the disabled should create conditions to carry out rehabilitation training activities.

Disabled people should work hard to train their functions, self-care ability and labor skills under the guidance of professionals and with the help of relevant staff, volunteers and relatives.

Article 18 Local people's governments at various levels and relevant departments shall, according to needs, set up rehabilitation departments in medical institutions in a planned way, set up rehabilitation institutions for the disabled, and carry out rehabilitation medical treatment and training, personnel training, technical guidance and scientific research.

Article 19 Medical colleges and other relevant institutions should offer rehabilitation courses and set up related majors in a planned way to train all kinds of rehabilitation professionals.

The government and society provide technical training for rehabilitation workers in various forms; Popularize rehabilitation knowledge and teach rehabilitation methods to disabled people and their relatives, relevant staff and volunteers.

Twentieth relevant government departments should organize and support the development, production, supply and maintenance services of rehabilitation devices and assistive devices for the disabled. Article 21 The State guarantees the equal right of disabled people to receive education.

People's governments at all levels should regard education for the disabled as an integral part of national education, make unified planning, strengthen leadership, and create conditions for the disabled to receive education.

The government, society and schools should take effective measures to solve the practical difficulties of disabled children and adolescents in entering schools and help them complete compulsory education.

People's governments at all levels provide textbooks free of charge to students with disabilities who receive compulsory education and students from poor families with disabilities, and give boarding living expenses and other expenses subsidies; Disabled students who receive education other than compulsory education and students from poor families with disabilities shall be subsidized in accordance with the relevant provisions of the state.

Article 22 Education for the disabled should follow the principle of combining popularization with improvement, focus on popularization, guarantee compulsory education, focus on developing vocational education, actively develop preschool education, and gradually develop education above senior secondary school.

Article 23 Education for the disabled shall meet the following requirements according to their physical and mental characteristics and needs:

(1) While carrying out ideological and cultural education, strengthen physical and mental compensation and vocational education;

(two) according to the type of disability and the ability to accept, to take general education or special education;

(three) the curriculum, teaching materials, teaching methods, enrollment and school age of special education can be moderately flexible.

Article 24 The people's governments at or above the county level shall reasonably set up educational institutions for the disabled according to the number, distribution and types of disabilities of the disabled, and encourage social forces to run schools and donate money for education.

Twenty-fifth general education institutions should educate disabled people who have the ability to receive general education, and provide convenience and help for their study.

Ordinary primary schools and junior secondary schools must recruit disabled children and adolescents who can adapt to their study and life; Ordinary senior secondary schools, secondary vocational schools and institutions of higher learning must recruit disabled candidates who meet the admission conditions stipulated by the state, and may not refuse to recruit because of their disabilities; Refuse to enter school, the parties or their relatives or guardians may request the relevant departments to deal with it, and the relevant departments shall order the school to enter school.

Ordinary preschool education institutions should accept disabled children who can adapt to their lives.

Article 26 Preschool education institutions for disabled children, classes for disabled children attached to ordinary preschool education institutions, preschool classes of special education institutions, welfare institutions for disabled children and families of disabled children shall provide preschool education for disabled children.

Special education classes attached to special education institutions below junior secondary school and general education institutions shall implement compulsory education for disabled children and adolescents who cannot receive general education.

Special education institutions above senior secondary school, special education classes attached to general education institutions and vocational education institutions for the disabled shall provide cultural education and vocational education above senior secondary school for qualified disabled people.

Institutions that implement special education should have places and facilities suitable for the learning, rehabilitation and life characteristics of disabled people.

Twenty-seventh relevant government departments, disabled units and relevant social organizations shall provide adult education for disabled people, such as illiteracy eradication, vocational training and entrepreneurship training, and encourage disabled people to become self-taught.

Article 28 The state shall set up normal schools and specialties for special education at all levels in a planned way, and attach special education classes to ordinary normal schools to train and train special education teachers. Ordinary normal colleges offer special education courses or teach relevant contents, so that ordinary teachers can master the necessary special education knowledge.

Special education teachers and sign language interpreters enjoy special education allowance.

Article 29 The relevant government departments shall organize and support the research and application of Braille and sign language, the compilation and publication of special education teaching materials, and the development, production and supply of special education teaching AIDS and other auxiliary articles. Article 30 The state guarantees the labor rights of disabled people.

People's governments at all levels shall make overall arrangements for the employment of disabled people and create employment conditions for them.

Article 31 The employment of disabled persons shall follow the principle of combining centralization and decentralization, adopt preferential policies and support and protection measures, and make the employment of disabled persons gradually universal, stable and reasonable through multiple channels, levels and forms.

Article 32 The government and society shall establish welfare enterprises for the disabled, massage institutions for the blind and other welfare units to centrally arrange employment for the disabled.

Article 33 The State practices a system of proportional employment for the disabled.

State organs, social organizations, enterprises and institutions, and private non-enterprise units shall arrange employment for disabled persons in accordance with the prescribed proportion, and choose appropriate jobs and posts for disabled persons. Those who fail to reach the prescribed proportion shall fulfill their obligations to ensure the employment of disabled persons in accordance with relevant state regulations. The state encourages employers to arrange employment for disabled people in excess of the prescribed proportion.

Specific measures for the employment of disabled persons shall be formulated by the State Council.

Article 34 The State encourages and supports disabled people to choose their own jobs and start their own businesses.

Article 35 Local people's governments at all levels and rural grass-roots organizations shall organize and support disabled people in rural areas to engage in farming, aquaculture, handicrafts and other forms of productive labor.

Article 36 The state gives preferential tax treatment to the employing units that arrange employment for disabled persons to reach or exceed the prescribed proportion, or arrange employment for disabled persons and disabled persons engaged in self-employment in a centralized manner according to law, and gives support in production, management, technology, capital, materials and venues. The state exempts disabled persons engaged in self-employment from administrative fees.

The local people's governments at or above the county level and their relevant departments shall determine the products and projects suitable for the production and operation of the disabled, give priority to the production or operation of welfare units for the disabled, and determine that some products are exclusively produced by them according to the production characteristics of welfare units for the disabled.

Government procurement, under the same conditions, should give priority to the purchase of products or services of welfare units for the disabled.

Local people's governments at all levels should develop public welfare posts suitable for the employment of disabled people.

The relevant departments shall give priority to the issuance of business licenses to disabled people who apply for self-employment.

For rural disabled people engaged in all kinds of productive labor, relevant departments should give help in production services, technical guidance, agricultural materials supply, purchase and sale of agricultural and sideline products and credit.

Thirty-seventh public employment service institutions established by relevant government departments shall provide employment services for the disabled free of charge.

The employment service agencies for the disabled organized by the Disabled Persons' Federation shall organize vocational guidance, employment introduction and vocational training free of charge, and provide services and help for the employment of the disabled and the employers to recruit the disabled.

Article 38 The state protects the property ownership and operational autonomy of welfare units for the disabled, and their legitimate rights and interests are inviolable.

Disabled persons shall not be discriminated against in recruitment, employment, promotion, job title evaluation, labor remuneration, living welfare, rest and vacation, social insurance, etc.

The unit where disabled employees work shall provide appropriate working conditions and labor protection according to the characteristics of disabled employees, and transform workplaces, labor equipment and living facilities according to actual needs.

The state takes measures to protect the legitimate rights and interests of blind health care and medical massage personnel.

Article 39 The unit where disabled employees work shall provide on-the-job technical training for disabled employees to improve their labor skills and technical level.

Article 40 No unit or individual may force disabled people to work by means of violence, threat or illegal restriction of personal freedom. Article 41 The state guarantees the right of disabled people to participate in cultural life on an equal footing.

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

Forty-second cultural, sports and recreational activities for disabled people should be oriented to the grassroots, integrated into public cultural life, adapted to the different characteristics and needs of all kinds of disabled people, so that disabled people can participate extensively.

Article 43 The government and society should take the following measures to enrich the spiritual and cultural life of the disabled:

(a) through radio, film, television, newspapers, books, internet and other forms, timely publicity and reporting of the work and life of the disabled, to serve the disabled;

(2) Organizing and supporting the compilation and publication of Braille books, audiobooks for the blind and other books for the disabled, and establishing libraries of Braille books and audiobooks for the blind in public libraries according to the actual needs of the blind;

(three) to run TV sign language programs, special radio programs for the disabled, and promote TV programs and film and television works with subtitles and explanations;

(four) to organize and support the disabled to carry out mass cultural, sports and recreational activities, hold special cultural performances and sports meetings for the disabled, and participate in international competitions and exchanges;

(five) cultural, sports, entertainment and other public activities, to provide convenience and care for the disabled. Set up places for the disabled in a planned way.

Article 44 The government and society encourage and help disabled people to engage in literature, art, education, science, technology and other creative work beneficial to the people.

Article 45 The government and society promote mutual understanding and exchanges between disabled people and other citizens, publicize the cause of disabled people and the deeds of helping disabled people, carry forward the spirit of self-improvement of disabled people, and advocate the social fashion of unity, friendship and mutual assistance. Article 46 The state guarantees the right of disabled people to social security.

The government and society take measures to improve the social security of the disabled and ensure and improve their lives.

Forty-seventh disabled persons and their units shall participate in social insurance in accordance with the relevant provisions of the state.

Urban and rural grassroots mass autonomous organizations and families of disabled persons where disabled persons are located shall encourage and help disabled persons to participate in social insurance.

Disabled people with real difficulties in life shall be given social insurance subsidies in accordance with relevant state regulations.

Forty-eighth people's governments at all levels provide social assistance such as life, education and housing to disabled people with real difficulties through various channels.

Local people's governments at or above the county level shall take other measures to ensure the basic livelihood of families with disabilities who still have special difficulties after enjoying the minimum living allowance.

People's governments at all levels shall give assistance to poor disabled people in basic medical care, rehabilitation services and the configuration and replacement of necessary assistive devices.

Local people's governments at all levels should give nursing subsidies to disabled people who cannot take care of themselves.

Article 49 The local people's governments at all levels shall provide assistance to disabled people who have no ability to work, no dependents or no means of livelihood.

The state encourages and supports social forces to set up institutions to help the disabled.

Institutions that support and care for the disabled and their staff shall not insult, abuse or abandon the disabled.

Fiftieth people's governments at or above the county level shall provide convenience and preferential treatment for disabled people to take public transport. Disabled people can carry necessary assistive devices with them free of charge.

Blind people with valid certificates can take public transport such as buses, trams, subways and ferries in the city for free. Send books for the blind free of charge.

The state encourages and supports units providing telecommunications, radio and television services to give preferential treatment to the blind, the hearing disabled and the speech disabled.

People's governments at all levels should gradually increase other care and help for the disabled.

Article 51 Relevant government departments and organizations for the disabled should establish and improve channels for donations and services for the disabled from all walks of life, encourage and support the development of charity for the disabled, and carry out public welfare activities such as helping the disabled by volunteers. Article 52 The state and society should take measures to gradually improve barrier-free facilities, promote barrier-free information exchange, and create a barrier-free environment for disabled people to participate in social life on an equal footing.

People's governments at all levels shall make overall planning and comprehensive coordination for barrier-free environment construction, and strengthen supervision and management.

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

Building, rebuilding and expanding buildings, roads, transportation facilities, etc. , shall comply with the national standards for the construction of barrier-free facilities.

People's governments at all levels and relevant departments shall, in accordance with the provisions of the state on the construction of barrier-free facilities, gradually promote the transformation of completed facilities, and give priority to the transformation of public service facilities closely related to the daily work and life of disabled people.

Barrier-free facilities should be maintained and protected in time.

Article 54 The State shall take measures to create conditions for disabled people to exchange information without barriers.

People's governments at all levels and relevant departments shall take measures to facilitate disabled people's access to public information.

The state and society research and develop information exchange technologies and products suitable for the disabled.

All kinds of entrance examinations, vocational qualification examinations and post-holding examinations held by countries in which the blind participate shall provide braille papers and electronic papers for the blind or be assisted by special personnel.

Fifty-fifth public service institutions and public places should create conditions to provide information exchange services such as voice and text prompts, sign language and Braille for the disabled, and provide priority services and auxiliary services.

Public transport should gradually meet the requirements of barrier-free facilities. Conditional public parking lots should set up special parking spaces for the disabled.

Fifty-sixth departments that organize elections should provide convenience for disabled people to participate in elections; If conditions permit, braille ballots shall be provided for the blind.

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

Fifty-eighth blind people carrying guide dogs in and out of public places shall abide by the relevant provisions of the state. Article 59 When the lawful rights and interests of disabled persons are infringed, they may complain to organizations of disabled persons, which shall safeguard the lawful rights and interests of disabled persons and have the right to request relevant departments or units to investigate and handle them. The relevant departments or units shall investigate and deal with it according to law and give a reply.

Disabled persons' organizations shall support disabled persons in need to safeguard their legitimate rights and interests through litigation.

Disabled persons' organizations have the right to ask the relevant departments to investigate and deal with acts that infringe on the interests of specific disabled groups according to law.

Article 60 If the lawful rights and interests of disabled persons are infringed upon, they have the right to ask the relevant departments to handle it according to law, or apply to an arbitration institution for arbitration according to law, or bring a lawsuit to a people's court according to law.

The local legal aid institution or the people's court shall give assistance to the disabled who are in financial difficulties or need legal aid or judicial assistance for other reasons, and provide legal aid or judicial assistance according to law.

Article 61 Whoever, in violation of the provisions of this Law, refuses to investigate and deal with complaints, accusations and exposures that infringe upon the rights and interests of disabled persons, shirks, delays, suppresses or retaliates against the complainants, accusations and exposures, shall be ordered by the unit to which he belongs, the competent department or the higher authorities to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

If a state functionary fails to perform his duties according to law, fails to stop acts infringing on the rights and interests of the disabled in time or fails to give necessary help to the disabled victims, thus causing serious consequences, the unit to which he belongs or the organ at a higher level shall punish the directly responsible person in charge and other directly responsible personnel according to law.

Article 62 Whoever, in violation of the provisions of this Law, demeans or damages the personality of disabled persons through mass media or other means shall be ordered by the culture, radio, film and television, press and publication or other relevant competent departments to make corrections according to their respective functions and powers, and shall be given administrative punishment according to law.

Article 63 If, in violation of the provisions of this Law, the relevant educational institutions refuse to enroll students with disabilities, or impose conditions beyond the admission requirements stipulated by the state to restrict the admission of students with disabilities, the relevant competent department shall order them to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 64 Whoever, in violation of the provisions of this Law, discriminates against the disabled when recruiting employees shall be ordered by the relevant competent department to make corrections; Disabled workers can bring a lawsuit to the people's court according to law.

Article 65 If, in violation of the provisions of this Law, foster care institutions and their staff insult, abuse or abandon the disabled, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If it constitutes a violation of public security administration, it shall be given administrative punishment according to law.

Article 66 Whoever, in violation of the provisions of this Law, builds, rebuilds or expands buildings, roads and traffic facilities that do not meet the relevant national standards for the construction of barrier-free facilities, or fails to maintain and protect barrier-free facilities in time, resulting in consequences, shall be dealt with by the relevant competent departments according to law.

Sixty-seventh violation of the provisions of this law, infringement of the legitimate rights and interests of the disabled, other laws and regulations provide administrative punishment, in accordance with its provisions; Causing property losses or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 68 This Law shall come into force as of July 6, 2008.