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中华人民共和国残疾人保障法(一)

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中华人民共和国残疾人保障法
Law of the People's Republic if China on the Protection of Disabled Persons

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990, promulgated by Order No. 36 of the President of the People's Republic of China on December 28, 1990, and effective as of May 15, 1991)
颁布日期:19901228  实施日期:19910515  颁布单位:全国人大常委会

  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

  Chapter I General Provisions

  Article 1 This Law is formulated in accordance with the Constitution for the purposes 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 the society.

  Article 2 A disabled person refers to one who suffers from abnormalities or loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and who has lost wholly or in part the ability to engage in activities in a normal way.

  “Disabled persons” refer to those with visual, hearing, speech or physical disabilities, mental retardation, mental disorder, multiple disabilities and/or other disabilities.

  The criteria for classification of disabilities shall be established by the State Council.

  Article 3 Disabled persons shall enjoy equal rights with other citizens in political, economic, cultural and social fields, in family life and other aspects.

  The citizen's rights and personal dignity of disabled persons shall be protected by law.

  Discrimination against, insult of and infringement upon disabled persons shall be prohibited.

  Article 4 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 and external barriers and ensuring the realization of their rights.

  Article 5 The State and society shall provide special assurance, treatment and pension to wounded or disabled servicemen and persons disabled while on duty or for protecting the interests of the State and people.

  Article 6 The people's governments at all levels shall incorporate undertakings for disabled persons into plans for economic and social development through budget arrangement, 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 departments concerned in the work for the disabled. 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.

  Departments concerned under the people's governments at various levels shall keep in close contact with disabled persons, solicit their opinions and fulfil their respective duties in the work for disabled persons.

  Article 7 The whole society should display socialist humanitarianism, understand, respect, care for and assist people with disabilities and support the work for disabled persons.

  State organs, public organizations, enterprises, institutions and urban and rural organizations at grassroots level shall do their work for the disabled well, as is within their responsibility.

  State functionaries and other personnel engaged in the work for the disabled should work hard to fulfil their lofty duties in serving the disabled.

  Article 8 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, educate and provide service to disabled persons.

  Disabled persons' federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.

  Disabled persons' federations shall undertake tasks entrusted by the government, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.

  Article 9 Legal fosterers of disabled persons must fulfil their duties toward their charge.

  Guardians of disabled persons must fulfil their duties of guardianship and protect the lawful rights and interests of their charge.

  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 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-exertion and self-reliance, and make contributions to the socialist construction.

  Article 11 The State shall undertake, in a planned way, the work of disability prevention, strengthen leadership in this regard, publicize and popularize knowledge of eugenics and 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 Governments and departments concerned shall award those disabled persons who make notable achievements in socialist construction and those units or individuals who make remarkable contributions to safeguarding the lawful rights and interests of, promoting undertakings for, and providing service to, disabled persons.

  Chapter II Rehabilitation

  Article 13 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 The work of rehabilitation shall, proceeding from the actual conditions, combine modern rehabilitation techniques with traditional Chinese techniques, with rehabilitation institutions at the core and the community as the base 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 to disabled persons.

  Article 15 The governments and departments concerned should 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, personnel training and work of technical guidance in the field of rehabilitation.

  The people's governments and departments concerned at various levels shall 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 shall 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 acquiring self-care ability and work skills.

  The State Council and departments concerned shall determine priority rehabilitation projects in different phases, formulate plans thereof and organize forces for their implementation.

  Article 16 Medical colleges and schools and other relevant educational institutes shall, in a planned way, offer courses and specialties on rehabilitation so as to train various kinds of special personnel for rehabilitation work.

  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 Governmental departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation appliances, equipment for self-service, special articles and other auxiliary facilities for disabled persons.

  Chapter III Education

  Article 18 The State shall guarantee the right of disabled persons to education.

  People's governments at various levels shall make education of disabled persons a component of the State educational programme, strengthen leadership on this respect and include it in their overall planning.

  The State, society, schools and families shall provide compulsory education to disabled children and juveniles.

  The State shall exempt disabled students who accept compulsory education from tuition and reduce fees or exempt them from fees in the light of actual conditions. The State shall offer grants to aid students who are poor and disabled.

  Article 19 The education of disabled persons shall be carried out according to their physical and psychological features and needs and shall meet the following requirements:

  (1) Strengthen physical and psychological compensation and vocational and technical training while providing ideological and cultural education;

  (2) Adopt normal or special methods of education according to different categories of disability and varied abilities of response; and

  (3) 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 The principle of combining popularization with upgrading of quality shall be implemented in 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 The State shall set up educational institutions for disabled persons and encourage social forces to run schools and donate funds for schools.

  Article 22 Ordinary educational institutions shall provide education to disabled persons who are able to respond to 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 for their disabilities; in case of such denial, the disabled student, his/her family members or guardian may appeal to the relevant authorities for disposition. The relevant authorities shall instruct the school concerned to accept the student.

  Ordinary institutions of preschool education shall admit disabled children who are able to adapt themselves to the life there.

  Article 23 Preschool education institutions for the disabled, 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 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 Governmental departments concerned, units where disable persons work and society shall carry out anti-illiteracy education, vocational training and other forms of adult education for disabled persons and encourage them to tap their talents through self-studies.

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