Experts of the Committee on the Rights of Persons with Disabilities Commend China on Reforms Made since the Initial Review, Ask Questions on the Independence of Persons with Disabilities in the Community and on Home Schooling
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic reports of China, of Hong Kong Special Administrative Region of China and of Macao Special Administrative Region of China on their implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts welcomed reforms China had made since its initial review, while asking questions on measures taken by the State to ensure people with disabilities could lead independent lives and on home schooling for persons with disabilities.
Mara Gabrilli, Committee Expert and Country Rapporteur, said that since the first review 10 years ago, China had been adopting important reforms to comply with the Convention, and the Committee welcomed these steps.
A Committee Expert asked about measures taken by China to ensure that persons with disabilities could live independently in the community? Was equipment provided to facilitate this? What was being done to end the institutionalisation of persons with disabilities in China?
Another Committee Expert said that 2017 and 2022 legislation guided inclusive education of persons with disabilities. However, special schools were increasing, and more than 200,000 children with disabilities received home schooling. What measures were in place to shut down special schools, and to incorporate their students, as well as students undertaking home schooling, into mainstream schools?
The delegation said that the Government had started a support fund in 2009 to aid persons with disabilities. Services for persons with mental disabilities were rolled out nation-wide in 2021. Institutions were banned from physically punishing persons with disabilities. Community services helped persons with mental disabilities to integrate into society. Working standards had been established for such services. Over 200 communities provided community services for persons with mental disabilities.
Home schooling was meant to assist those with severe disabilities with their schooling. Chinese laws guaranteed education for persons with severe disabilities. There were special arrangements at the country level and education institutions should be responsible for home schoolings. Children with disabilities could attend mainstream schools when they were ready.
Zhang Haidi, Vice Chair of China’s State Council Working Committee on Disability and head of the delegation, said in opening remarks that China was home to 85 million persons with disabilities, and was a firm supporter of the Convention on the Rights of Persons with Disabilities. Over the past 10 years, China had made considerable progress in promoting and protecting the human rights of persons with disabilities. Over 90 laws in China were directly linked to protecting the rights and interests of persons with disabilities. China had established a social security system that included living allowances for poor persons with disabilities and care subsidies for those with severe disabilities, which had benefited more than 27 million people.
Representatives of the Hong Kong Special Administrative Region of China and Macao Special Administrative Region of China also presented opening remarks.
In concluding remarks, Ms. Haidi said the dialogue had been sincere and fruitful and the delegation had illustrated how China had improved the rights of persons with disabilities, while also highlighting challenges.
Risnawati Utami, Committee Expert and Country Rapporteur, said the ratification of the Convention reflected the commitment by the State party of China to support the rights of persons with disabilities; however, the Committee had not received enough information on the implementation of the Convention. Ms. Utami encouraged the State party to have open and transparent communication and collaboration with civil society to ensure all rights of all persons with disabilities in China.
The delegation of China consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Education; the Ministry of Industry and Information Technology; the Ministry of Public Security; the Ministry of Civil Affairs; the Ministry of Justice; the Ministry of Human Resources and Security; the Ministry of Housing and Urban-Rural Development; the Ministry of Emergency Management of China; the National Health Commission; State Council Working Committee on Disability; the China Disabled Persons’ Federation; the State Council Information Office; the Commission of Legislative Affairs of the National People’s Congress; the Supreme People’s Court; the Chinese Centre for Disease Control and Prevention; the All-China Women’s Federation; and the Permanent Mission of China to the United Nations Office at Geneva.
The delegation of Hong Kong Special Administrative Region of China consisted of representatives of the Labour and Welfare Bureau; the Health Bureau; the Social Welfare Department; the Hong Kong Police Force; and the Department of Justice.
The delegation of Macao Special Administrative Region of China consisted of representatives of the Social Welfare Bureau and the Legal Affairs Bureau.
The Committee will issue its concluding observations on the report of China at the end of its twenty-seventh session, which concludes on 9 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-seventh session and other documents related to the session can be found here.
The Committee will next meet in public on Friday, 19 August at 3 p.m. to conclude its consideration of the initial report of Indonesia (CRPD/C/IDN/1).
Reports
The Committee has before it the combined second and third periodic reports of China (CRPD/C/CHN/2-3) , of Hong Kong Special Administrative Region of China (CRPD/C/CHN/HKG/2-3) and of Macao Special Administrative Region of China (CRPD/C/CHN-MAC/2-3).
Presentation of Reports
ZHANG HAIDI, Vice Chair of China’s State Council Working Committee on Disability and head of the delegation, said China was home to 85 million persons with disabilities, and was a firm supporter of the Convention on the Rights of Persons with Disabilities. Over the past 10 years, China had made considerable progress in promoting and protecting the human rights of persons with disabilities. Over 90 laws in China were directly linked to protecting the rights and interests of persons with disabilities. Poverty used to be the most severe challenge for persons with disabilities in China, however, 7.1 million of them living in rural areas had been lifted out of absolute poverty over the past 10 years. China had established a social security system that included living allowances for poor persons with disabilities and care subsidies for those with severe disabilities, which had benefited more than 27 million people. Community-based and home-based care services were provided to many persons with disabilities.
In Chinese cities, accessibility facilities were everywhere. Over 430,000 persons with disabilities had acquired a driver’s license, enabling them to live more independently.
A large number of children with disabilities went to regular schools and students with disabilities were provided with measures to sit national entrance tests, such as providing braille test paper and allowing students in need to use their customised chair and desk.
In each province, rehabilitation centres were established and a rehabilitation assistance mechanism for children with disabilities was set up, to ensure they received early intervention. China promoted the employment of persons with disabilities and increased their income in various ways, including through the establishment of the Beautiful Handcrafts Workshop, which aimed to enable women with disabilities to live a more dignified life.
Ms. Haidi said persons with disabilities were encouraged to participate in political and public life. There were over 6,000 persons with disabilities, or representatives of their interests, among the People’s Congresses and People’s Political Consultative Conference Committees, at all levels. China attached importance in the engagement of persons with disabilities in cultural life and sports. The Chinese sports delegation ranked first on both the gold medal and overall medal table in the past five Paralympic Games. The 2022 Paralympic Winter Games were successfully held in Beijing. Despite the many difficulties and challenges lying ahead, China would continue to promote the work on disability in all aspects and enable persons with disabilities to live a happy and dignified life.
HO KAI-MING, Under Secretary, Labour and Welfare Bureau, Hong Kong Special Administrative Region of China, said the foundation of the rehabilitation programme plan for persons with disabilities had been completed in July 2020. This adopted a lifespan plan for persons with disabilities at different stages of their lives and aimed to recognise the diverse developmental needs of persons with disabilities, to respect their autonomy and independence. The plan encompassed preschool rehabilitation to higher education, vocational rehabilitation and training, employment support, residential services, participation in arts and recreation, and sports activities. The Government had further completed studies for enhancing the accessibility of the physical environment, which aimed to implement best practices to build a community environment where people with disabilities could lead an autonomous life.
LIU DEXUE, Director of the Legislative Affairs Bureau, Macao Special Administrative Region of China, said that Macao Special Administrative Region of China had improved the legal protection of persons with disabilities through the enactment or amendment of relevant laws and regulations, including the adoption of tax incentives for the employment of persons with disabilities in 2018 to encourage the employment of persons with disabilities. The social housing legal system and the economic housing law were amended in 2019 and 2020 respectively to clearly provide for the relative priority distribution of families with disabilities. In 2020, a new education system was developed for students with special educational needs, including the implementation of inclusive education and the formulation of individualised education plans, and in 2016 the 10-year plan for rehabilitation services was devised.
To ensure an adequate standard of living for persons with disabilities, the Macao Special Administrative Region Government continued to provide disability allowances and grants to eligible persons, and provided free medical services. In 2018, a long-term "disability benefit" was established for people with disabilities and the pilot scheme for caregiver allowances was launched at the end of 2020, to alleviate the pressure on caregivers of persons with disabilities. Despite the challenges faced, the Government would continue to improve laws and policies to protect the rights of persons with disabilities.
Questions by Committee Experts
MARA GABRILLI, Committee Expert and Country Rapporteur, said since the first review 10 years ago, China had been adopting important reforms to comply with the Convention, and the Committee welcomed these steps. Ms. Gabrilli also welcomed that the State party had accepted the recommendation from its Universal Periodic Review in 2018 to establish a national human rights institution. However, there was a lot of work to be done, and this was a fruitful opportunity to work together with the Committee to fully implement the Convention in a harmonious and constructive manner that included civil society organizations.
A Committee Expert asked what measures the State party had taken to ratify the Optional Protocol to the Convention, and what further measures had been taken to involve civil society organizations, particularly those for persons with disabilities, in the development of legislation to implement the Convention?
Another Committee Expert asked what specific measures were being taken to prevent the intimidation of or harassment against organizations of persons with disabilities?
One Committee Expert asked how many organizations run by persons with disabilities were registered in China and what the Government was doing to support these organizations?
A Committee Expert asked what discrimination on the basis of disability entailed? Did it allow for people with disabilities to invoke protections and be provided effective remedies?
Another Committee Expert asked if there were any anti-discrimination laws to protect persons with disabilities? Could information about women and girls with disabilities be provided? What was being done to help women with disabilities gain employment? Could information be provided on concrete progress made regarding poverty of women, girls and children with disabilities?
A Committee Expert asked how the Government cooperated with civil society organizations on building barrier-free environments? What was the percentage of accessibility in place?
What measures did the State party have for the full inclusion of children with disabilities into all areas of life, particularly in rural areas? How effectively did children with disabilities take part in matters that affected them?
A Committee Expert asked if there were any proposed amendments to recognise the denial of reasonable accommodation as a form of discrimination?
What special measures were being taken to ensure the participation of children with disabilities in the Hong Kong Special Administrative Region of China. In Hong Kong Special Administrative Region of China, the concept of medical models was a concerning issue. What steps had been taken by the State party to raise awareness throughout society, including the family level, regarding persons with disabilities? What was being done to promote awareness of capabilities and contributions of persons with disabilities?
MARA GABRILLI, Committee Expert and Country Rapporteur, noted that in the Hong Kong Special Administrative Region of China there was a high suicide rate among persons with disabilities. What measures had been taken to engage with civil society organizations for appropriate advice? What measures had been taken to tackle cases of abuse against women with disabilities and human trafficking?
A Committee Expert noted that the abandonment of a person with disabilities was in violation of article 10 of the Convention.
Another Committee Expert asked about the educational campaign for the Convention, which was launched in 2010 in the Hong Kong Special Administrative Region of China. What were the outcomes and what had been done since?
Responses by the Delegation
ZHANG HAIDI, Vice Chair of China’s State Council Working Committee on Disability and head of the delegation, said she had been a disabled person for more than 60 years and understood the hopes of persons with disabilities. The delegation said there was no specific timetable for the ratification of the Optional Protocol at this time. People with disabilities were consulted on legislation. People with disabilities had the right to widely participate in legislative work and concerning the laws on their matters. China attached great importance to the concept of gender in the programme for disabilities. There was special protection for women with disabilities. Two plans were in place which promoted the integration of women with disabilities into society and promoted their reproductive health. Six hundred women with disabilities had become members of the National People’s Congress and other organs. Violations against women with disabilities had occurred in some places; there was work to be done to improve the situation of women with disabilities.
Children with disabilities accounted for 6.6 per cent of people with disabilities in China. There was screening for children between the ages of 0 to 6, to provide psychological guidance and support to parents. Help was provided to poor disabled children and their families. Legal attention was paid to children with disabilities and it was important that before parents made decisions for their children, the child’s views must be sought first.
Two hundred million yuan was spent each year to help persons with disabilities. There were pilot projects in different cities to assist organizations which helped persons with disabilities. The Association for Mental Disorder was composed of family members and also people with mental disorders. The Charmain was a parent of a child with autism, and was therefore in a position to understand the specific needs of children with disabilities and to work to promote relevant provisions of the Convention.
The delegation said there were many organizations where the leaders were women, including the head of China’s Disability Association. The Government recognised that persons with disabilities may suffer from multiple discrimination because of gender, age and other factors, and was determined to crack down on this. There were at least five channels for redress, including administrative complaints to the labour department, complaints to the associations of persons with disabilities, through arbitration measures, launching legal proceedings, or calling for mediation, which was free of charge.
ZHANG HAIDI, Vice Chair of China’s State Council Working Committee on Disability and head of the delegation, said the most important work was to fight against all forms of discrimination and work for persons with disabilities to take part in all areas of society. From 2008, 10 laws had been formulated and seven laws amended, all pertaining to the protection of persons with disabilities. Such a comprehensive legal protection had provided a sound basis as a legal foundation. There were many laws for the protection of minors, employment protection and compulsory education laws. These categories each had provisions on the prohibition of discrimination.
The delegation said China had completed the task of poverty alleviation. From 2016 to 2020, China had helped 160,000 persons with disabilities through small sum loans, while persons with disabilities living in poverty had received agricultural skills training. During poverty elimination, China devoted 190 million yuan to help these people.
There was a big data system, and more disaggregated information around women and children should be established from this. Technology would go a long way to helping China improve its work. In the biggest new airport in Beijing, persons with disabilities had been invited to experience the environment and make sure it was able to cater for their needs. Their feedback was then received to make the facilities more accessible.
HO KAI-MING, Under Secretary, Labour and Welfare Bureau, Hong Kong Special Administrative Region of China, said the Government had issued a code of practice and guidelines to promote reasonable accommodation practices. Since 2020, persons with disabilities were faced with increased employment difficulty during the pandemic. The Equal Opportunity Committee had introduced a disability inclusion index in the assessment of the tolerance and inclusion measures. The Government of the Hong Kong Special Administrative Region of China had an advisory committee on nursing care, including many persons with disabilities. In addition, self-help organizations were established to help family members of persons with disabilities safeguard their rights and interests.
The Government had set up a Children with Disabilities Committee, which provided support for children with disabilities during the pandemic. The Committee often held hearings on topics related to children with disabilities. Campaigns were conducted on promotion, caring and prevention of deaths and information on children with disabilities was promoted. A funding scheme had also been designed for children’s wellbeing and development, with non-governmental organizations encouraged to apply for funds to spread information about children with disabilities.
The Government was concerned about the violence and abuse of persons with disabilities and was concerned about the prevention of domestic violence. A committee had been established to prevent the abuse of children with disabilities and to prevent sexual violence. The membership included non-government organizations and government departments to handle cases for the domestic abuse of women and children with disabilities. This agency handled over 7,000 individual cases and had set up a shelter centre for children and women with disabilities, including victims of domestic violence, allowing them to receive help and have a temporary residence. The department had also funded the family crisis support centre to help victims and their families, with 24-hour support and consultancy for them.
The police force had a set of effective policies and procedures for handling domestic violence, including categorisation to reduce instances of domestic violence. Regarding mental health, the Government actively pursued the promotion of mental health and educating people about it, and encouraged those in need, including people with disabilities, to receive help.
ZHANG HAIDI, Vice Chair of China’s State Council Working Committee on Disability and head of the delegation, said children with disabilities were a great concern; every child should be loved and the hope was for them to grow happily in a peaceful environment.
The delegation said that equality was a basic law in Macao Special Administrative Region of China. Persons with disabilities enjoyed the same rights and duties as any other person. In the past decade, the Government had introduced a large number of measures to support children with disabilities, including free, early diagnosis and treatment for them. Inclusive care centres had been established and there was a complete inclusive primary education, which reduced the burden on children and their families.
Questions by Committee Experts
A Committee Expert asked about a teenager with an intellectual disability who had died, and his family had been placed in quarantine. What steps had the State party taken in accordance with obligations under international law in situations of armed conflict, humanitarian emergencies, and lessons learned?
MARA GABRILLI, Committee Expert and Country Rapporteur, said that the infection rate of persons with disabilities in China during the pandemic was much lower than the average infection rate. What were the steps to compile and make public data on mortality rates for persons with disabilities? What steps had been taken to review the plans and protocols, and ensure the inclusion of persons with disabilities in all stages of emergency, including those living in rural areas.
A Committee Expert noted that there were no minority people with disabilities in the educational vocational training centres. Could the delegation clarify what identification processes were used to determine this? Were there other settings where they were placed? Could the Committee be informed if the Vocational Education and Training Centre system had been dismantled? Were asylum seekers and refugees with disabilities able to access the same services available to citizens of China?
Reports had been received that persons with psychosocial disabilities could be treated involuntarily. Would the State party consider reviewing these provisions with the aim of abolishing those of them which deprived liberty of persons? Could data be provided on the number of children with disabilities living in psychiatric hospitals? Did the State party plan to review the use of provisions such as restraints and isolation, which opened the door to degrading treatment of persons on the grounds of their disability? What measures were aimed at establishing support frameworks for persons with disabilities, including those with a psychosocial disability?
A Committee Expert asked about measures taken by China to ensure that persons with disabilities could live independently in the community? Was equipment provided to facilitate this? What was being done to end the institutionalisation of persons with disabilities in China?
Another Committee Expert noted the reports of widespread practices to shackle people with intellectual and psychosocial disabilities and lock them in cages. What steps had China taken to enact an absolute legal ban on shackling of persons with intellectual and psychological disabilities, and enforce such a ban in practice? What were the results of the 686 programme? How many people had been freed from shackles future?
A Committee Expert asked what measures were in place to ensure the effective participation of persons with disabilities in the justice system, particularly women with disabilities? What efforts had been made to ensure professional development programmes for law enforcement officials on the rights of persons with disabilities?
Why had there been so many cases where the testimony of persons with disabilities had not been accepted by the courts? What measures were in place to assist persons with disabilities during court processes?
Could information and data be provided regarding the right of persons with disabilities to change their nationality; could this answer be applied to the protests in Hong Kong Special Administrative Region of China?
Did the Government keep statistics on issues of violence against women and girls? What was the number of cases on forced sterilisation and abortion involving persons with disabilities, and the outcome of these cases?
Could the delegation clarify if there were measures to ensure that refugees and asylum seekers were able to access the full range of support and services available in the Macao Special Administrative Region of China?
Responses by the Delegation
The delegation said that local authorities’ inexperience had led to the death of Yen Chung in January 2020 due to COVID-19. The boy’s family was paid compensation. Following this incident, the Government had issued guidelines on self-protection for persons with disabilities and on social support for organizations supporting persons with disabilities. In May 2020, China had adopted legislation that stipulated that the community would temporarily take care of children with disabilities when they did not have carers. The Government was working with civil society organizations to provide better protection for persons with disabilities during the pandemic. Information on COVID-19 infection rates was available online. All expenses regarding disease control were born by the State.
In August 2019, a white paper on training activities in Xinjiang was published. The rights of persons detained were guaranteed and the control of these persons was humanistic. Detained people underwent training and education programmes to prevent terrorist beliefs.
Under the mental health law, guardians took responsibility for safeguarding the rights of persons with disabilities. If people with mental disabilities were abandoned or faced other abuse, perpetrators would be pursued.
The Central Government had started a support fund in 2009 to aid persons with disabilities. It also provided standards for treating patients with disabilities. Services for persons with mental disabilities were rolled out nation-wide in 2021. Institutions were banned from physically punishing persons with disabilities. Community services helped persons with mental disabilities to integrate into society. Working standards had been established for such services. Over 200 communities provided community services for persons with mental disabilities.
Public organs investigated violence within families. Serious offenses were pursued as crimes of abuse. Data had been collected on such incidents since 2021. Public security organs had investigated several cases of human trafficking in 2021 and had provided help to victims. Human trafficking had reduced by 83 per cent in 2021 compared with 2003. By July 2022, the State had dealt with over 1,000 traffickers.
The Supreme Court issued legal documents to increase accessible litigation procedures to ensure legal protection for persons with disabilities. Online and in-home filing of procedures had been implemented, and online court procedures were also held. The Court provided legal assistance to persons with disabilities. Sign language and braille services were also provided, and defence lawyers were appointed to persons who could not afford them. Psychological counselling was provided to victims.
China was accelerating the development of urban and rural social support systems for persons with disabilities. By 2025, it was expected that coverage of such systems would be 100 per cent and 80 per cent, respectively. Care services were provided for persons with serious disabilities. Communities were encouraged to establish organizations to assist persons with disabilities.
Chinese culture valued the role of the family in supporting persons with disabilities. China avoided over-institutionalisation. Custodial service institutions were small community-based services that encouraged day care by neighbours and residential services. Such services accounted for 90 per cent of all custodial services. The State was examining ways of linking services to improve the lives of persons with disabilities.
ZHOU CHANGKUI, President of the Executive Board, Disabled Persons’ Federation of China, and deputy head of the delegation, said that there were 85 million persons with disabilities in China, and many of these people were restricted in terms of mobility. However, services assisting the mobility of persons with disabilities were increasing. For example, an accessible infrastructure was increasingly being constructed in parks. An accessible infrastructure allowed a greater number of persons with disabilities to participate in public life. The State attached great importance to the development of rural areas and had established various associations to manage this development. In Tibet Autonomous Region, organizations for persons with disabilities had been established. Within 2022, the Government aimed to establish associations for persons with disabilities in all rural areas. These associations would solve communication issues and defend and protect the rights of persons with disabilities.
The delegation said that when persons with disabilities were arrested in Hong Kong Special Administrative Region of China, their guardians were required to be present. When minors and persons with psychosocial disabilities were victims, testimonies were taken via video recording. Victims were interrogated by officers of the same sex. The police provided communication assistance such as sign language interpretation. Police informed detained persons about the reasons for their arrest in a timely fashion. Duty officers could request treatment for persons with disabilities as required, and they were provided with treatment in hospitals. Private meetings with legal representatives were arranged. Police could apply for the use of a screen to hide the identity of witnesses with disabilities. Police officers would undergo basic training on how to protect people irrespective of sex or disability.
All residents of Hong Kong Special Administrative Region of China had access to judicial remedies. No one would receive special treatment due to sex or disability. Procedures for the prosecution guaranteeing the rights of persons with disabilities in court hearings had been established.
The Government of the Hong Kong Special Administrative Region of China had implemented comprehensive mental health services to protect the rights and interests of persons with mental disabilities. Guardianship mandates were decided on based on the best interests of the person involved. The will of persons with disabilities was respected. Over 80 per cent of guardianship mandates related to persons over 65 years of age or persons who had suffered brain damage. Persons with disabilities who had legal permanent residence were able to travel in and out of the territory.
The law of Macau Special Administrative Region of China on domestic violence entered into force in 2016. Protection measures were provided to victims of domestic violence. Between 2017 and 2021, there were 335 cases of domestic violence, including only two involving persons with disabilities. Macau Special Administrative Region of China prohibited abortion and sterilisation without consent, and no such cases had been detected. The Government encouraged persons with disabilities to bear children, and extended social support to pregnant women to assist with childbirth. There were no cases of persons with disabilities applying for refugee status. The Region provided necessary support for all persons who were granted refugee status, regardless of disability.
Questions by Committee Experts
A Committee Expert said that the Chinese Government had stated that, based on incomplete statistics, the infection rate of persons with disabilities was lower than for the general population. Why were statistics incomplete? What was the infection rate for women and children with disabilities?
Another Committee Expert said that treatment in confinement on the mainland did not always conform to the Convention. There were reports of persons being punished by manipulating disabilities. After serving prison sentences, human rights defenders often remained homeless due to abuse by police. Human rights defenders were reportedly shackled and faced various abuses. Access to a lawyer was not guaranteed. Hearing impaired persons were also provided with sign language that they could not understand. Was there a Government strategy on ending such discriminatory measures in judicial proceedings?
One Committee Expert asked about measures taken to abolish laws that allowed substitute decision making in Macau Special Administrative Region of China? What measures were in place to facilitate supported decision making? Was information on supported decision making made available in accessible formats? Why were persons with disabilities not allowed to be present in court? What measures had been taken to create more affordable housing in the region? What measures had been implemented to promote deinstitutionalisation, and reduce the costs of personal assistants?
A Committee Expert said that the lives of persons with disabilities remained very difficult on mainland China, with the 85 million persons with disabilities experiencing barriers to accessing work and assistive technologies. As a result, many persons with disabilities could not find work or received very low wages. What steps were being taken to strengthen the application of anti-discrimination laws and support persons with disabilities’ access to decent work?
Responses by the Delegation
The delegation said that the COVID-19 infection rate for persons with disabilities was lower than the average rate according to preliminary statistics.
To assist persons with disabilities in their homes, features such as flashing doorbells and fire alarms were installed by the State.
China attached great importance to the rights of inmates. Torture and corporal punishment were banned, and inmates’ right to health was protected. Cells were equipped with ventilation, and no more than eight persons were housed in one cell. Training was provided to inmates on life skills to assist social reintegration. The right to a lawyer was also provided. Prisons published data on meetings with lawyers. The needs of persons with disabilities in prisons were duly considered. Over 70 legal aid stations were established to provide legal support for prisoners. Police officers were required to pass on requests for legal aid within 24 hours. Sign language interpretation was also provided. Software had been developed for audio transcription and captioning to help provide litigants with judicial protection.
Persons with mental disabilities were provided with services on a voluntary basis. There were regulations covering informed consent. Medical institutions were obliged to inform patients of diagnoses, and patients could reject these diagnoses. Periodical inspections of guardians of persons with mental disabilities were conducted.
The Basic Law of Macau Special Administrative Region of China provided that all residents were equal before the law, and persons with disabilities enjoyed equal rights in judicial procedures and in daily life. Sign interpretation was provided during court hearings, and persons with disabilities were provided with wheelchairs and expert support as needed.
Persons with disabilities were prioritised in terms of the provision of social housing. Ninety-five per cent of persons with disabilities in Macau Special Administrative Region of China worked and lived in communities. Inclusive education was provided, and public transport had been made accessible. Less than five per cent of persons with disabilities needed to live in community houses. Training was provided to assist these persons in living an independent life and integrating into the community.
The 2018 and 2022 Paralympic Games were great opportunities for making public transport and places of employment more accessible. Educational facilities were now required to conform to mandatory accessibility standards. Financial incentives were also provided to employers to employ persons with disabilities.
Questions by Committee Experts
MARA GABRILLI, Committee Expert and Country Rapporteur, asked about China’s progress in establishing a national human rights institute. Would this institute conform to the Paris Principles? What “potential hazards” could persons with disabilities cause, according to police protocols?
A Committee Expert said that detailed data was collected by the State on persons with disabilities. Psychiatrists were required to submit data on patients to the State, leading to wide-spread surveillance of these persons. What measures was the State implementing to respect the privacy of persons with disabilities and prevent invasive surveillance?
Another Committee Expert said that 2017 and 2022 legislation guided inclusive education of persons with disabilities. However, special schools were increasing, and more than 200,000 children with disabilities received home schooling. What measures were in place to shut down special schools, and to incorporate their students, as well as students undertaking home schooling, into mainstream schools?
One Committee Expert asked for information on women and girls with disabilities exercising reproductive rights in rural areas. Did these persons have access to reproductive health information? Were reproductive health services subsidised for persons with disabilities?
The national census in 2016 found that the percentage of the population with disabilities was around 6 per cent. This seemed to be an underestimation. What had the Government done to reduce the stigma around reporting disability? Were chronic illnesses considered disabilities?
A Committee Expert asked about progress made to eradicate poverty for ethnic minorities with disabilities.
Another Committee Expert asked about measures taken to provide inclusive services for children with disabilities in the community. What measures were in place to provide alternative care for children with disabilities, and to secure a family life for these children? The Expert asked for disaggregated data on children with disabilities.
One Committee Expert asked about mechanisms in place to enhance employment for persons with disabilities. Could measures be implemented to repeal medical examination as a prerequisite for employment in the public and private sectors?
A Committee Expert asked about measures in place to encourage inclusive education for adults. It was especially difficult for blind people to access higher education and pursue careers other than in massage parlours.
Responses by the Delegation
The delegation said that China had not yet established a national human rights institution which was in line with the Paris Principles. However, many departments of government carried out roles which were similar to a national human rights institution, including the National People’s Congress. A national action plan had been formulated regarding human rights, which stated that reports of treaty bodies would be submitted in time and reasonable dialogue would be carried out.
The health profession law ensured the protection of health information for citizens. The information protection law outlined regulations concerning sensitive information and as the laws and regulations improved, the information of individuals would be further protected. The security of medical information for persons with disabilities had increased and was managed by specific people. This meant data could not be deleted at will and the scope of the use of this data could not be increased.
Inclusive education was valued, and disabled children were prioritised for ordinary school attendance. This ensured that children could go to nearby schools, and no one would be at a disadvantage. Children with disabilities who came from a low-income family background would be given free education up to the age of 12. The number of students with disabilities in inclusive education in regular schools had increased by 135 per cent. The Government would continue to improve education opportunities for children with disabilities.
The State attached importance to the health of children and women, and provided measures for the prevention of diseases for this group. Medical organs carried out educational activities for groups of women of child-bearing age. The State provided free help to citizens in certain residential areas. When citizens received contraceptive treatment, they had the right to informed consent, according to the basic health promotion law.
Concerning the disability certificate, some parents did not want this for their children. This was the major basis for providing identification, and the category and grade of disabilities. It was an important basis for receiving benefits. Persons with disabilities could apply across provinces to receive this certificate. Regardless of the certificate, all people were entitled to medical and insurance subsidies. As long as they produced the medical certificate, people with disabilities were eligible to receive free rehabilitation.
China’s standards and assessment methods were improving to further support persons with disabilities and remove discrimination. ZHANG HAIDI, Vice Chair, State Council Working Committee on Disability of China and head of the delegation, said that there was limited data available on children with disabilities in China. No one forced women with disabilities to have examinations. These women had the same rights as all citizens of China.
The delegation said China was a State party to the Convention against Torture and the Government carried out its obligations as enshrined in the Convention. In the reform of the legal system, the procedure for the prohibition of torture had been improved. In the past two years, there had been two cases concerning torture against persons with disabilities, and no conviction had been reached by the courts.
More than 1 million poor persons with disabilities had been lifted out of poverty in China. The Government initially received information from individuals and established a file for persons with disabilities, appointing staff members from the Government to provide support. The education expenses for children with disabilities had been raised to six times that of ordinary education. People with poor living conditions were moved to new places, and their dwellings were renovated to ensure accessibility.
The law on the protection of minors provided for responsibility for their care and custodianship by adults, and prohibited children from under the age of 16 to live an independent life. In the event of natural disasters or public health events, when children with disabilities were left without parents, civilian authorities would carry out provisional care. More than 290 minors were provided with provisional care during the COVID-19 outbreak.
The delegation said providing accessibility was an important condition for the guarantee of the education of children with disabilities. In the past 10 years, China had provided a multi-level system which allowed children to have reasonable accessibility and accommodation. School campuses had accessible toilets, handrails and ramps and auxiliary operators and facilities and Braille books were provided. An inclusive cultural environment was also cultivated, which created a sound environment in schools, and ensured teachers were educated in how to care for children with disabilities. Teachers also developed tailormade, individualised education plans to cater for the needs of children with disabilities. Resource centres and special services had been established in villages and provinces.
Through legislation, persons with disabilities were ensured the equal right to work; 4.3 million persons with disabilities had been provided with vocational training since 2016. Job coaches were also provided to assist persons with disabilities in gaining employment. The regulations on employment for persons with disabilities were being amended, and further improvements were being made.
In 2017, the Chinese Government amended the education regulation on persons with disabilities, promoting inclusive education. Visually impaired students used braille examination papers and big characters to sit the exam. Over 10,000 children with disabilities entered into the regular education system, many of them with hearing disabilities. Many of them went on to have successful careers and be fully integrated into society.
The delegation said educational institutions in Hong Kong Special Administrative Region of China were prohibited from disabilities-based discrimination, and should provide equal access to all students, including those with special needs. All persons with disabilities would receive fair assessment in open examinations so that they would have equal access to higher education. Special provisions were provided in examinations for children with special needs, including time extensions and waivering of certain subjects. Since 2015, a special allocation had been provided to eight tertiary institutions within Hong Kong Special Administrative Region to allow them to support students with special needs. These funds could be used to buy special devices and equipment and train staff, with the purpose of integrating students with special needs into campus life.
Regarding the prevention of suicide, the health bureau had a psychological team which provided medical services for persons with disabilities. A mental hotline was in place which ran 24 hours a day, serviced by psychologists who provided support. More than 20 mental health community centres were established throughout the country. Hong Kong Special Administrative Region granted a special allowance for persons with disabilities which allowed for the purchasing of medical equipment, and a rental subsidy.
All citizens had the right to freedom of peaceful assembly. Police would use media channels to convey important information to the public regarding the event. Police had strict guidelines regarding the use of force, which were consistent with international human rights standards.
A list of sign language interpretations had been established in Hong Kong Special Administrative Region, so they could be recommended to people in need. The Equal Employment Opportunity Commission was not a human rights institution, but was autonomous and independent with investigative powers, as outlined in the Paris Principles. This body could make complaints, receive complaints, and mediate disputes.
The delegation said that the Government of the Macao Special Administrative Region of China was committed to supporting women with disabilities. This group received many forms of support, including free education, transport and rental subsidies. Women with disabilities would also receive an income subsidy which far exceeded the minimum living standards, ensuring that women with disabilities could have adequate living standards and lead a free life.
Climate change had impacted the region, with huge typhoon strikes, resulting in casualties. The Government paid great attention to disaster management and had set up systematic disaster preparedness measures to ensure that persons with disabilities living in low-lying areas would have full support. Dozens of social organizations would visit each household, helping them to evacuate to safety before disaster struck. Accessible information ensured that persons with disabilities were kept up to date of any typhoons or disasters approaching the region.
Questions by Committee Experts
A Committee Expert asked about the current or medium-term national health policy programme and timeline to provide accessible prenatal care, especially in rural areas? There was a big gap on healthcare costs provided by the Government, with families with persons with disabilities spending a significant amount to receive care. What was being done to bridge this gap?
What steps had been taken to recognise China’s sign languages as an official language, and increase quality sign language interpreters working in the public and private sectors? What were the measures used to collect disaggregated data on persons with disabilities?
A Committee Expert asked about the measures China had taken since the last Universal Periodic Review to ensure that all persons with disabilities in China were secure and free to express their ideas, without fear of retribution?
Another Committee Expert asked what measures were being taken to harmonise the Civil Code with the Convention?
One Committee Expert asked about the process of identification of persons with disabilities and the provision of reasonable accommodation for those people. Could the delegation clarify the situation of people with disabilities in facilities?
What measures were in place to protect persons with disabilities, especially women and children and persons with intellectual and psychosocial disabilities, from exploitation and abuse?
There was an increasing trend of home-schooling which segregated children with disabilities; what measures were being taken by the State to include these children in mainstream schools?
A Committee Expert asked if disaggregated statistics could be provided on the number of persons with disabilities who had applied for protective orders?
What steps was the State party taking to ensure that persons with disabilities, particularly those who were “little persons”, to enjoy all aspects of their lives? How many “little people” were living in China?
What criteria were being used to accept or reject children with disabilities in schools in Hong Kong Special Administrative Region of China? The Expert was concerned over the segregation of employment and the creation of a kind of ghetto. Could an explanation of the touristic park, called the “kingdom of little people”, which employed over 100 “little people” who lived in a kind of colony? What measures had the State taken to eradicate this kind of practice?
Was the Hong Kong Special Administrative Region of China planning to promote inclusive education in schools?
Responses by the Delegation
The delegation said China lawfully protected all citizens and their right to freedom of speech. The freedom of speech of persons with disabilities, including their freedom of speech on the Internet, was guaranteed. In the Vocational Education and Training Centre, there were no trainees and therefore no persons with disabilities. In China there were restrictions on marriage, including forced marriage. Women, children and those with psychosocial disabilities could enact the people courts if needed, and the protection of their rights was a focus of China.
Regarding the question on home-schooling, this was meant to assist those with severe disabilities with their schooling. Chinese laws guaranteed education for persons with severe disabilities. There were special arrangements at the country level and education institutions were responsible for home schoolings. Children with disabilities could attend mainstream schools when they were ready. China had adopted measures for rehabilitation and employment and tried to prevent institutionalisation.
In Hong Kong Special Administrative Region of China, all education institutions were required to provide equal access to education for all students. Over 90 per cent of students with special needs attended mainstream schools, and the rest with severe disabilities attended special schools. The universities decided what resources would be provided, depending on the situation of the students with special needs. The education bureau required regular schools to follow a whole-school approach to inclusive education.
Closing Remarks
ZHANG HAIDI, Vice Chair, State Council Working Committee on Disability of China and head of the delegation, said the dialogue had been sincere and fruitful and the delegation had illustrated how China had improved the rights of persons with disabilities, while also highlighting challenges. Ms. Haidi thanked the Committee for its positive response, constructive comments and regulations and looked forward to the concluding observations. The Committee was welcome to visit China and see the ways that persons with disabilities were thriving within the State.
HO KAI-MING, Under Secretary, Labour and Welfare Bureau of Hong Kong Special Administrative Region of China, thanked the Committee for the valuable opportunity to have a constructive exchange on the implementation of the Convention. Great progress had been achieved in several sectors, including education and community care. The Hong Kong Special Administrative Region was committed to building an inclusive society which helped persons with disabilities recognise their full potential.
LIU DEXUE, Director of the Legislative Affairs Bureau of the Macao Special Administrative Region of China, said the Committee members had obtained a deeper understanding on the situation of persons with disabilities within the Macao Special Administrative Region. There was still work to be done and room for improvement, and the region was committed to raising the level of protection of the rights of persons with disabilities.
RISNAWATI UTAMI, Committee Expert and Country Rapporteur, said the ratification of the Convention reflected the commitment by the State party of China to support the rights of persons with disabilities; however, the Committee had not received enough information on the implementation of the Convention. The Committee was concerned about the effective participation of persons with disabilities in civil society. Ms. Utami encouraged the State party to have open and transparent communication and collaboration with civil society to ensure all rights of all persons with disabilities in China.
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CRPD22.011E