Materials :
Country Papers :
China Paper:
Statement at UN ESCAP Workshop on Preparation for the Eighth Session of the
Ad Hoc Committee on International Convention [1] (Bangkok,
July 2006)
Mr. Eric Zhang Guozhong
China Disabled Persons’ Federation
Background
China is the largest developing country with estimated 60 millions
persons with disabilities. Thanks to a series of pro-disability legislation
and policies and partnerships of the Government and civil society, overall
status and living condition of persons with disabilities has witnessed a
remarkable improvement. China supports the UN World Program of Actions,
Standard Rules and Asian and the Pacific Decades of Disabled Persons. In
recent years, the Chinese Government and China Disabled Persons Federation
have been also active players in advancing the ongoing process towards UN
Convention on Rights of Persons with Disabilities, by taking actions such as
participating and hosting related international meetings. Though remarkable
huge progress, persons with disabilities remain a vulnerable group in China,
facing with a lot of challenges and difficulties while the country’s economy
is also experiencing a tremendous market-oriented transition. Much needs be
done for the full realization of the goal of “Equality, Participation and
Sharing” for persons with disabilities.
Legal Framework
China is a state party to over 20 major international treaties.
Domestically, China has established a basic legal framework for protecting
rights and interest of persons with disabilities.
China’s Constitutions in its Article 45 provides a general
principle on the protection of disabled persons. Besides, more than 30
national laws have specific provisions concerning persons with disabilities.
The Law on the Protection of Disabled Persons is a “basic law” of
significant importance for the rights protection of disabled people. The Law
itself contains 54 articles, 9 chapters, covering a wide range of aspects
such as rehabilitation, education, employment, cultural life, welfare,
accessibility etc.
International Convention in Question
There are some pending issues still need further discussion.
Definitions of PWD, if needed, shall not be too prescriptive to
better reflect reality of diversity in different countries and their
cultural background and give more space for domestic follow-up actions.
Parties’ obligations shall be drafted in a very general manner to
require State parties to take measures in order to ensure the realizations
of all kind of rights of persons with disabilities and uplift their general
situation through national development and international cooperation.
Efforts shall be taken to avoid possible duplications with other parts of
the convention.
International Cooperation. For realization of goals set in the
Convention, persons with disabilities must be empowered, including through
affirmative measures and reasonable accommodations provided by states, in
particular in fields like accessibility, education, health and
rehabilitation and so on. For this purpose, all kinds of international
cooperation among states (regional and international, north-south and
south-south) shall be encouraged and promoted.
Monitoring mechanism. The working group text contains only
domestic monitoring which of course shall have an important role to play.
Existing good practices and lessons about treaties and the ongoing process
of UN reforming in particular those concerning treaty bodies’ mechanisms
shall however be taken into full account, while considering possible
additional provisions on international monitoring mechanism.
[1] This paper is submitted to the Workshop by the author
at his capacity as an indiviual expert. Views expressed do not necessarily
reflect that of any organizations. The paper is prepared, based on just
situation and relevant data about persons with disabilities in China
mainland.
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