China s legal security system for persons with disabilities

Mondo Social Updated on 2024-01-31

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As a part of the social family, the protection of the rights and interests of persons with disabilities has always been the focus of social attention. Citing data from the Ministry of Housing and Urban-Rural Development in 2022, there are about 85 million people with disabilities in China, involving about 2With a family population of 600 million, this huge group faces various challenges in social life. The difficulties of people with disabilities in communicating with the outside world, generating income through labor, and the prejudice and discrimination in society make the protection of their rights and interests particularly important. Against this backdrop, China has established a comprehensive legal protection system for persons with disabilities, aiming to provide all-round support and protection for persons with disabilities.

China has established a legal protection system for persons with disabilities with the Constitution as the core, the Law on the Protection of Persons with Disabilities as the backbone, and the Civil Code and other laws as the backbone. Among them, the Law on the Protection of Persons with Disabilities is the core law to protect the rights and interests of persons with disabilities, stipulating the basic rights of persons with disabilities and the responsibility of the state to protect them. In addition, a series of laws and regulations related to persons with disabilities, such as the Regulations on the Prevention of Disability and the Disabled**, the Regulations on the Education of Persons with Disabilities, the Regulations on the Employment of Persons with Disabilities and the Regulations on the Construction of a Barrier-free Environment, together constitute a comprehensive legal protection system. This system not only includes the protection of the basic rights of persons with disabilities, but also involves education, employment, social security and other aspects.

Education and employment are important components of the security system for persons with disabilities. **Particular emphasis is placed on providing educational opportunities for persons with disabilities and ensuring that children and adolescents with disabilities have access to education that is appropriate for them. Through vocational training, employment services and employment quota systems, we help people with disabilities access job opportunities and improve their standard of living. At the same time, people with disabilities are provided with various social benefits and subsidies to help them cope with the financial difficulties in their lives. In terms of social welfare and services, a range of support is provided for persons with disabilities, including subsistence allowance, medical subsidy, housing support, medical care, occupation and social support, to help them regain or improve their functional capacity and improve their quality of life. These measures provide persons with disabilities with the necessary material and moral support to enable them to better integrate into society.

China's barrier-free environment construction has entered the road of rule of law, the construction of the "Barrier-free Environment Construction Regulations" as the main body, with the relevant barrier-free laws and policies as the support, to the Law on the Protection of Persons with Disabilities, the Law on the Protection of the Rights and Interests of the Elderly, the Civil Code, the Legal Aid Law, the Data Security Law, the Road Traffic Safety Law, the Earthquake Prevention and Disaster Reduction Law and other laws as the cornerstone of the legal system, but also includes local barrier-free regulations and rules, providing a solid legal basis for the construction, management and supervision of the barrier-free environment. Solve the urgent problems faced by the disabled group, and improve the level of respect and care for the rights and interests of the disabled in the whole society.

In terms of judicial safeguards, the role of the procuratorial organs cannot be overlooked. As an important institution of legal supervision and public interest litigation, procuratorial organs play an active role in protecting the legitimate rights and interests of persons with disabilities. Through legal supervision and the initiation of public interest litigation, the procuratorate ensures that the rights and interests of persons with disabilities are effectively protected. For example, Xie won a series of typical cases such as the case of procuratorial supervision of the transfer of housing ownership registration against the Natural Resources Bureau of a district in Qingdao City, Shandong Province, which not only solved the direct rights and interests of the disabled, but also involved issues such as social insurance, the distribution of poverty alleviation funds and materials, and the fraudulent use of the names of the disabled, which are directly related to the daily life of the disabled and their families.

China has also actively fulfilled its international obligations, fully implemented the United Nations Convention on the Rights of Persons with Disabilities, incorporated the issue of persons with disabilities into the overall national development strategy, and continuously deepened the protection of the rights and interests of persons with disabilities. At the same time, through the issuance of documents and policies, the court system has further improved the system for protecting the rights and interests of persons with disabilities, strengthened barrier-free litigation services, and provided more comprehensive legal protection for persons with disabilities based on the concept of justice for the people. It also advocates and practices a human rights culture that respects the rights of persons with disabilities at the international level, contributes to the comprehensive promotion of the development and social progress of persons with disabilities, and ensures that the rights and interests of persons with disabilities are promoted in tandem with national economic development, so as to achieve the long-term goal of promoting the rights and interests of persons with disabilities.

Care for persons with disabilities should not only stay on paper and publicity, but should also be implemented and solidly promoted. When the lawful rights and interests of persons with disabilities are infringed upon, procuratorial organs actively perform their statutory duties, making full use of their familiarity with the law and their ability to coordinate with multiple departments to intervene in resolving urgent problems faced by persons with disabilities and resolving conflicts one by one, thereby promoting the resolution of cases and the improvement of people's satisfaction. In addition to handling specific cases, it is also necessary to strengthen information sharing and collaboration with civil affairs, disabled persons' federations and other departments, so as to establish a more complete mechanism to address the protection of the rights and interests of persons with disabilities at the source, which will help improve the level of law enforcement and judicial norms and the effectiveness of social governance, and comprehensively protect the legitimate rights and interests of persons with disabilities.

The legal security system for persons with disabilities is a comprehensive system, including the support of laws and policies, the provision of education and employment opportunities, the arrangement of social welfare and services, and the construction and promotion of barrier-free facilities. The judiciary plays a key role in this system, not only to ensure that the legitimate rights and interests of persons with disabilities are substantively safeguarded, but also to promote the realization of social fairness and justice. Through these comprehensive measures, China is moving towards a more equitable, inclusive and progressive society where everyone, including persons with disabilities, can live with dignity and equality.

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