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.