Persons with disabilities number more than 80 million in the People's Republic of China, accounting for 6.34 per cent of the population. In 1990 the Government of China took fundamental steps toward improved income security for persons with disabilities through the promulgation of the Law of the People's Republic of China on the Protection of Disabled Persons. The law is formulated in accordance with the 1982 Constitution of the People's Republic of China and provides for the protection of rights of persons with disabilities.
Article 45 of the constitution addresses the needs of persons with disabilities, stating that "Citizens of the People's Republic of China have the right to material assistance from the State and society when they are old, ill or disabled. The State develops social insurance, social relief and medical and health services that are required for citizens ... The State and society help make arrangements for the work, livelihood and education of the blind, deaf and other handicapped citizens." Building on this, the Law of the People's Republic of China on the Protection of Disabled Persons makes specific provisions for the rehabilitation, education, employment, cultural life, welfare, environment and legal liability of persons with disabilities. Article 40 of the law stipulates that "the State and society shall adopt supportive, relief and other welfare measures to secure and improve the life of disabled persons," and Article 41 stipulates the provision of "relief and subsidies through various channels."
China's legal framework for the protection persons with disabilities is an important step in addressing gaps in the national social protection floor. Based on this legal framework the Government of the People's Republic of China now has a strong mandate to provide basic income security for persons with disabilities and have paved the way for the creation of a more inclusive national social protection floor.
Further Reading:
- Government of the People’s Republic of China (2014). Constitution of the People’s Republic of China. Accessed from: http://english.gov.cn/archive/laws_regulations/2014/08/23/content_281474982987458.htm on February 22 2016.
- Alternative resource, accessed from http://english.gov.cn/archive/laws_regulations/2014/08/23/content_281474982987458.htm on December 2016.