Development Process and Legislative Suggestions Regarding Disability Welfare Rights in China

ABSTRACT

Welfare rights are among the social rights enjoyed by citizens of modern states. The welfare rights of persons with disabilities, as particularly vulnerable persons, are of special concern. Two guideline documents, Opinions of the CPC Central Committee and the State Council on Promoting the Development of Disabled Persons and The 13th Five-Year Plan of Promoting the Equalization of Basic Public Services, announce the establishment of a “social insurance” system and “public service,” which outlines social welfare for disabled persons in China. This article argues that regulations on disability protections should be legislated soon, establishing welfare standards for the disabled, refining the current general rules concerned with the welfare of the disabled in the legal and political contexts, and forming a comprehensive program to address the needs of disabled persons in China. New regulations should open new institutional space for promoting the wellbeing of disabled persons.

KEYWORDS:

• Persons with disabilities
• inherent dignity
• welfare rights
• equalization of the public service
• China

Disclosure statement

No potential conflict of interest was reported by the author.

Notes on contributor

Shuang Xu, PhD, is post doctor of Chinese Academy of Social Science, associate prof. of law school Minzu University of China, visiting scholar of Emory University, main field: consitututionalism and human rights, protection of ethnic minority.

ORCID

Shuang Xu http://orcid.org/0000-0003-2759-8834

Notes

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6 Statistical Bulletin on the Development of the Disabled Persons’ Career.

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8 Speech of Xi Jinping.

9 Cai, The Detailed Explanation of Chinese Constitution, 174–5.

10 The Constitution of China, Accessed June 6, 2019. http://www.npc.gov.cn/npc/xinwen/2018-03/22/content_2052489.htm.

11 Chen, The Research on Welfare Right, 49.

12 Communiqué of the Fifth Plenary Session of the 18th CPC Central Committee.

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15 Zhang, “The Theory on the Legal Protection of Welfare Rights” 101.

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17 Zhang, “The Protection of the Persons with Disabilities by International Laws,”140.

18 Wu, “The Analysis on Present Situation and Countermeasure of Appropriate Universal-type Social Welfare System in China,” 54.

19 The Convention on the Rights of Persons with Disabilities(CRPD).

20 Guideline on Promoting the Career Development of Persons with Disabilities (2008), Accessed June 6, 2019. ghs.ndrc.gov.cn/ghwb/gjjgh/201604/P020160426399432032938.doc.

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24 2015 Statistical Bulletin on the Development of the Disabled Persons’ Career.

25 Zhou, “The Research on the Disabled Persons’ Social Welfare Policies under the Perspective of Positive Welfare,” 43.

26 Opinions of the CPC Central Committee and State Council on Promoting the Career Development for Persons with Disability. Accessed June 6, 2019. http://www.cdpf.org.cn/zcwj1/flfg/200902/t20090223_25301.shtml.

27 “Thirteenth Five-year” Plan on Promoting Fundamental Public Services Equalization (the document of State Council). Accessed June 6, 2019. http://www.gov.cn/zhengce/content/2017-03/01/content_5172013.htmhttp://www.cdpf.org.cn/zcwj1/flfg/200902/t20090223_25301.shtml.

28 2nd and 3rd enforcement reports on CRPD of China.

29 CRPD/C/CHN/CO/1 – OHCHR.