Law of the People's Republic of China on the Protection of Disabled Persons (2018 Amendment)

Law of the People's Republic of China on the Protection of Disabled Persons (2018 Amendment) Law of the People's Republic of China on the Protection of Disabled Persons (Adopted at 17th Session of the Standing Committee of the 7th National People's Congress on December 28, 1990; revised at the 2nd Session of the Standing Committee of the 11th National People's Congress on April 24, 2008; and amended in accordance with the Decision to Amend Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals at the 6th Session of the Standing Committee of the 13th National People's Congress on October 26, 2018) Chapter I General Provisions Chapter II Rehabilitation Chapter III Education Chapter IV Employment Chapter V Cultural Life Chapter VI Social Security Chapter VII Barrier-free Environment Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 For the purposes of maintaining the lawful rights and interests of disabled persons, developing the cause of disabled persons and ensuring the disabled persons' equal and full participation in social life and their share of the material and cultural wealth of the society, this Law is enacted in accordance with the Constitution . Article 2 A disabled person refers to a person who suffers from the loss or abnormity of a certain organ or function, psychologically, physiologically or in human structure, and has lost all or in part the ability to normally carry out certain activities. Disabled persons include persons with visual, aural, speech and physical disabilities, mental retardation, mental disorder, multiple disabilities, etc. The criteria for the classification of disabilities shall be formulated by the State Council. Article 3 Disabled persons shall enjoy equal rights with other citizens in political, economic, cultural, social, family life and other aspects. The citizen's rights and personal dignity of disabled persons shall be protected by law. It shall be prohibited to discriminate against, insult and injure disabled persons and derogate the personal dignity of disabled persons through mass media or by other means. Article 4 The State shall provide disabled persons with special assistance by adopting supplementary methods and supportive measures so as to alleviate or eliminate the effects of their disabilities and external barriers and ensure the realization of their rights. Article 5 The people's governments at and above the county level shall integrate the cause of disabled persons into the national economic and social development plan, intensify the leadership, make comprehensive coordination and incorporate the operating funds for the cause of disabled persons into the fiscal budget so as to establish a stable operating fund guarantee mechanism. The State Council shall work out an outline for the development of the cause of disabled persons in China. The local people's government at or above the county level shall, according to the outline for the development of the cause of disabled persons in China, work out a program and annual plan on the development of the cause of disabled persons within its administrative area so as to make the cause of disabled persons develop in harmony with the economic and social development. The institutions responsible for the work on disabled persons under the people's governments at and above the county level shall be responsible for organizing, coordinating, directing and urging the relevant departments to do a good job in the cause of disabled persons. The people's governments at all levels and relevant departments shall keep in close contact with disabled persons, solicit their opinions and fulfill their respective functions in the work on disabled persons. Article 6 The state shall take measures to ensure that disabled persons participate in the administration of the state affairs, economy, cultural cause and social affairs according to law and through various channels. In the formulation of laws, regulations, rules and public policies, the opinions of disabled persons and of their organizations shall be heard on the significant issues involving the rights and interests of disabled persons and the cause of disabled persons. Disabled persons and their organizations shall have the right to express their opinions and offer suggestions to the state organs at various levels on the protection of the rights and interests of disabled persons, development of the cause of disabled persons, etc. Article 7 The whole society shall carry forward humanitarianism, understand, respect, care for and help disabled persons, and support the cause of disabled persons. The state shall encourage the social organizations and individuals to provide disabled persons with donations, assistance and services. State organs, social groups, enterprises, public institutions, and urban and rural organizations at the grassroots level shall do a good job on disabled persons within their jurisdiction. State functionaries and other personnel engaged in the work on disabled persons should fulfill their duties according to law, and endeavor to serve the disabled persons. Article 8 The China Disabled Persons' Federation (hereinafter referred to as the CDPF) and its local branches shall, in the common interest of disabled persons, protect the lawful rights and interests of disabled persons, unite and educate disabled persons, and serve disabled persons. The CDPF and its local branches shall, under relevant laws, regulations, articles of association or government authorization, carry out the work on disabled persons, and mobilize social forces to develop the cause of disabled persons. Article 9 The supporters of disabled persons must perform their obligation to support the disabled person. The guardians of disabled persons must perform their duties of guardianship, and respect the wills and protect the lawful rights and interests of the persons under guardianship. The family members and guardians of disabled persons shall encourage and help the disabled persons to build up their self-reliance capabilities. It shall be prohibited to commit domestic violence against, maltreat or abandon a disabled person. Article 10 The state encourages disabled persons to insist on self-respect, self-confidence, self-exertion and self-reliance and make contributions to the socialist construction. Disabled persons shall abide by laws and regulations, perform their due obligations, observe the public order and respect the social ethics. Article 11 The State shall, in a planned manner, carry out the disability prevention work, strengthen the leadership in this regard, publicize and popularize the knowledge about maternal and child health care and prevention of disabilities, establish a sound mechanism for the prevention, early detection and early treatment of birth defects, and in view of such disability-causing factors as heredity, disease, medicine, accident, calamity and environmental pollution, organize and mobilize social forces to take measures to prevent the occurrence and reduce the degree of disability. The state shall establish a sound statistical investigation system for disabled persons so as to conduct statistical investigation and analysis of the status of disabled persons. Article 12 The state and society shall provide special assurance, benefits and preferential treatments to the disabled servicemen, line-of-duty disabled persons and other persons sustaining disability for protecting the interests of the state and the people. Article 13 The people's governments at all levels and relevant departments shall commend and award those disabled persons who have made outstanding achievements in the socialist construction and those entities and individuals who have made remarkable contributions to safeguarding the lawful rights and interests of, promoting the cause of and providing services to disabled persons. Article 14 The third Sunday of May each year shall be the National Day of Assisting Disabled Persons. Chapter II Rehabilitation Article 15 The state shall ensure the disabled persons' right to enjoy rehabilitation services. The people's governments at all levels and relevant governments shall adopt measures to create favorable conditions for the rehabilitation of disabled persons, establish and improve disabled persons rehabilitation service system, carry out key rehabilitation projects in phases, help disabled persons resume normal functions or compensate for lost functions, and enhance their ability to participate in social life. Article 16 The rehabilitation work shall start from the reality, combine modern rehabilitation techniques with traditional Chinese rehabilitation techniques, regard the community as the base and the rehabilitation institutions as the core, and rely on the families of disabled persons; shall lay emphases on the rehabilitation projects which are practical, accessible and widely beneficial, and give priority to the salvage treatment and rehabilitation of disabled children. Scientific technologies meeting the rehabilitation requirements shall be developed, independent innovations shall be encouraged, and research, exploration and application of new rehabilitation technologies shall be strengthened, so as to provide more effective rehabilitation services to disabled persons. Article 17 The people's governments at all levels shall encourage and support social forces setting up rehabilitation institutions for disabled persons. The local people's governments at all levels and relevant departments shall organize and direct the urban and rural community service organizations, medical treatment, prevention and healthcare institutions, organizations of disabled persons, families of disabled persons and other social forces to carry out the community rehabilitation work. The educational institutions, welfare entities and other service institutions for disabled persons shall create conditions to carry out rehabilitation training activities. Disabled persons shall, under the instructions of professionals and with the assistance from relevant workers, volunteers and family members, actively take part in the training on functional recovery, self-care ability and work skills. Article 18 The local people's governments at all levels and relevant departments shall, as needed and in a planned manner, set up medical rehabilitation departments (sections) in medical institutions, form rehabilitation institutions for disabled persons and carry out such work as medical treatment and training for rehabilitation, personnel training, technical guidance and scientific re......