Discrimination Based on Disability in Chinese Legal System and Practice
Main Article Content
Keywords
China, disabilities, legal system
Abstract
Persons with disabilities in China are still subject to direct or indirect, overt or covert, systemic or non-systemic discrimination in education, employment, banking, transport, mobility, and other areas of life. This paper will analyze such discrimination based on consideration of disability in the Chinese legal system and will recommend changes to improve the status of persons with disabilities.
References
Beijing Yirenping Center. (2011). Implementation of some provisions of the United Nations Convention on the Rights of Persons with Disabilities from an anti-discrimination perspective - Comments and suggestions on China’s first compliance report. (Unpublished manuscript). Beijing Yirenping Center.
Chan Nian, X. (2018, October 19). Child is suspended because of disability; Education Authority raises three solutions. Changsha Evening News Post. https://baijiahao.baidu.com/s?id=1614708734643696607&wfr=spider&for=pc
Chen, Q. (2014, August 8). Why is the complainant refused admission criticized? China Youth Daily Post. http://zqb.cyol.com/html/2014-08/08/nw.D110000zgqnb_20140808_6-01.htm
Cui, F., & Chiu, C. (2020). Accessibility and reasonable accommodation under the principle of equal participation. Taiwan Journal of Human Rights, 5(4), 7-46.
Feng, L. (2017, February 18). A Changsha blind person sues bank because of credit card application refusal. Beijing News Post. http://www.bjnews.com.cn/news/2017/02/18/433641.html
Gomez, G. (1996). China's Eugenics Law as grounds for granting asylum. Washington International Law Journal. 5(3), 563-597. https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1114&context=wilj
Jian Liang, W. (2015 March 14). 900 thousand infants with genetic defects are born in China each year, several congress representatives suggest forced sterilization. Surging News Post. https://www.thepaper.cn/newsDetail_forward_1310930
Kanter, A. (1999). The Americans with Disabilities Act at 25 years: Lessons to learn from the Convention on the Rights of People with Disabilities. Drake Law Review. 63, 819-883. https://lawreviewdrake.files.wordpress.com/2015/07/lrvol63-3_kanter.pdf
Kanter, A. (2011). The law: What’s disability studies got to do with it or an introduction to disability legal studies. Columbia Human Rights Law Review, 42(2), 405-479. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1822439
Kanter, A. (2014). The Development of Disability Rights Under International Law. Routledge. https://doi.org/10.4324/9780203711712
Kanter, A. & Dadey, K. (2018, May 22). The right of people with disabilities to asylum and protection from deportation on the grounds of persecution or torture related to their disability. Human Rights Brief. https://www.researchgate.net/publication/327294523_The_Right_of_People_with_Disabilities_to_Asylum_and_Protection_from_Deportation_on_the_Grounds_of_Persecution_or_Torture_Related_to_Their_Disability
Li v. Attorney General of the United States, 400 F.3d 157 (3rd Circuit 2005).
Ni, Z. (2014). Why did they choose the same occupation? A case study of the students’ life in Dongshi School for the Blind. Disability Rights Research. 1-25. http://www.pidli.org/cbyyj/2018-11-09/213.html
Standing Committee of the National People's Congress. (2022). The draft of Law on the Construction Barrier-Free Environment. https://npcobserver.com/wp-content/uploads/2023/04/Barrier-Free-Environments-Development-Law-2nd-Draft.pdf
Traveling photographer. (2022, January 8). Fake employment is sealing off the future of persons with disabilities. Sina News Post. https://k.sina.com.cn/article_1634058407_6165c0a701900wtov.html#/.
United Nations. Committee on the Rights of Persons with Disabilities (CRPD). (2012). Concluding observations on the initial report of China. United Nations Digital Library. https://digitallibrary.un.org/record/766463?ln=en
Xiao, S. (2017, April 27). A Changsha blind person who sues Guangfa Bank for discrimination in the application for credit card loses the first trial. Surging News Post. http://m.hxnews.com/news/gn/gnxw/201704/27/1206043.shtml.
Chan Nian, X. (2018, October 19). Child is suspended because of disability; Education Authority raises three solutions. Changsha Evening News Post. https://baijiahao.baidu.com/s?id=1614708734643696607&wfr=spider&for=pc
Chen, Q. (2014, August 8). Why is the complainant refused admission criticized? China Youth Daily Post. http://zqb.cyol.com/html/2014-08/08/nw.D110000zgqnb_20140808_6-01.htm
Cui, F., & Chiu, C. (2020). Accessibility and reasonable accommodation under the principle of equal participation. Taiwan Journal of Human Rights, 5(4), 7-46.
Feng, L. (2017, February 18). A Changsha blind person sues bank because of credit card application refusal. Beijing News Post. http://www.bjnews.com.cn/news/2017/02/18/433641.html
Gomez, G. (1996). China's Eugenics Law as grounds for granting asylum. Washington International Law Journal. 5(3), 563-597. https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1114&context=wilj
Jian Liang, W. (2015 March 14). 900 thousand infants with genetic defects are born in China each year, several congress representatives suggest forced sterilization. Surging News Post. https://www.thepaper.cn/newsDetail_forward_1310930
Kanter, A. (1999). The Americans with Disabilities Act at 25 years: Lessons to learn from the Convention on the Rights of People with Disabilities. Drake Law Review. 63, 819-883. https://lawreviewdrake.files.wordpress.com/2015/07/lrvol63-3_kanter.pdf
Kanter, A. (2011). The law: What’s disability studies got to do with it or an introduction to disability legal studies. Columbia Human Rights Law Review, 42(2), 405-479. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1822439
Kanter, A. (2014). The Development of Disability Rights Under International Law. Routledge. https://doi.org/10.4324/9780203711712
Kanter, A. & Dadey, K. (2018, May 22). The right of people with disabilities to asylum and protection from deportation on the grounds of persecution or torture related to their disability. Human Rights Brief. https://www.researchgate.net/publication/327294523_The_Right_of_People_with_Disabilities_to_Asylum_and_Protection_from_Deportation_on_the_Grounds_of_Persecution_or_Torture_Related_to_Their_Disability
Li v. Attorney General of the United States, 400 F.3d 157 (3rd Circuit 2005).
Ni, Z. (2014). Why did they choose the same occupation? A case study of the students’ life in Dongshi School for the Blind. Disability Rights Research. 1-25. http://www.pidli.org/cbyyj/2018-11-09/213.html
Standing Committee of the National People's Congress. (2022). The draft of Law on the Construction Barrier-Free Environment. https://npcobserver.com/wp-content/uploads/2023/04/Barrier-Free-Environments-Development-Law-2nd-Draft.pdf
Traveling photographer. (2022, January 8). Fake employment is sealing off the future of persons with disabilities. Sina News Post. https://k.sina.com.cn/article_1634058407_6165c0a701900wtov.html#/.
United Nations. Committee on the Rights of Persons with Disabilities (CRPD). (2012). Concluding observations on the initial report of China. United Nations Digital Library. https://digitallibrary.un.org/record/766463?ln=en
Xiao, S. (2017, April 27). A Changsha blind person who sues Guangfa Bank for discrimination in the application for credit card loses the first trial. Surging News Post. http://m.hxnews.com/news/gn/gnxw/201704/27/1206043.shtml.
Article Sidebar
Published
Jan 20, 2024
Article Details
Section
Research Articles and Essays
This work is licensed under a Creative Commons Attribution 4.0 International License.
RDS Journal is an open-access journal, create a free account to read full articles and to submit a proposal. For visual arts and multimedia, submission will be considered evidence that you are offering RDS the right to display your work without penalty, compensation or royalties.
Author Biography