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VIII. Personal Freedom and Non-Discrimination
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China prohibits any forms of disability discrimination. It has drawn up specific measures to protect the right to life and personal freedom of persons with disabilities and ensure that they enjoy equal rights as other citizens. Personal rights of persons with disabilities are fully protected by laws. In China, the Criminal Law, General Provisions of the Civil Law, Tort Law, Marriage Law, Law on the Protection of Minors, Labor Contract Law, Mental Health Law, Anti-domestic Violence Law and many other laws define the personal rights of persons with disabilities and stipulate the punishments for maltreating, abandoning, or maliciously injuring them. The Law of the People's Republic of China on the Protection of Persons with Disabilities makes full and detailed provisions for their personal rights and defines measures to protect them. Efforts have been made to adjust mechanisms for protecting the personal freedom of those with disabilities. The state has abolished the system to shelter and send back vagrants and beggars – including those with disabilities – to their homes, but provides assistance to them in line with their own free choice. The practice of isolating lepers from family or community has been abrogated. The central government has established a nationwide program to subsidize local governments for the management and treatment of serious mental illnesses, so as to register, report and rehabilitate such patients through medical treatment and follow-up. Action has been stepped up against crimes that violate the personal freedom of persons with disabilities. The Law of the People's Republic of China on the Protection of Persons with Disabilities forbids any entity or individual to force any person with disability to work by means of violence, threat or illegal restriction of personal freedom. The Amendment VI to the Criminal Law of the People's Republic of China adds a crime of "organizing any disabled person or any minor to go begging", and the Amendment IX to the Criminal Law adds a clause defining the criminal responsibility borne by anyone with a duty to ward or nurse a disabled person who maltreats the person under his or her guardianship or provides improper care. The Supreme People's Court and the CDPF jointly issued the "Directives on Effectively Protecting the Lawful Rights and Interests of Persons with Disabilities in Trial and Enforcement" and other regulatory documents, requiring stiff punishments in accordance with the law for crimes that violate the rights and interests of these people, so as to effectively ensure their safety and protect their property. The Supreme People's Procuratorate and other departments issued the "Directives on Effectively Protecting the Lawful Rights and Interests of Persons with Disabilities in Procuratorial Work", requiring severe punishments in accordance with the law for crimes like forcing persons with intellectual disabilities to labor or trafficking disabled women and children. The Ministry of Public Security launched a special campaign against crimes that force or lure disabled minors to beg or deaf juveniles to commit crimes. The Ministry of Human Resources and Social Security also initiated a special effort to control illegal employment. Laws have been enacted to prohibit any forms of disability discrimination. China's laws and regulations contain detailed provisions to combat discrimination and ensure reasonable accommodation. The Employment Promotion Law of the People's Republic of China adopted in 2007 stipulates that an employer recruiting staff must not discriminate persons with disabilities. The Law of the People's Republic of China on the Protection of Persons with Disabilities revised in 2008 defines the principle of anti-discrimination: "Discrimination on the basis of disability shall be prohibited. Insult of and disservice to persons with disabilities shall be prohibited. Disparagement of and infringement upon the dignity of persons with disabilities by means of mass media or any other means shall be prohibited." Since 2010, China has enacted the Mental Health Law, Regulations on Disability Prevention and Rehabilitation of Persons with Disabilities, and Measures for the Administration of Air Transport for Persons with Disabilities, and revised the Regulations on the Education of Persons with Disabilities and Regulations on the Employment of Persons with Disabilities, all of which include detailed clauses to combat discrimination. |
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