General News

Second day of the 8th session, 18 September 2012

Afternoon event share by:

Nagase Osamu from Inclusion International, a global member of IDA.

At 1.45pm, IDA hosted a private side event on China for DPOs and NGOs from mainland China and Hong Kong to have another opportunity to exchange with Committee members before the review of China.

Representative of Labour Action China (LAC)

A representative of Labour Action China (LAC) referred to industrial victims, persons who have acquired disabilities as a result of their work and the fact that they are not included in the definition of neither disability nor eligible for disability certification, which is managed by the CDPF, to receive benefits and have access to health care and rehabilitation. Further, while persons with disabilities unable to obtain a disability card through CDPF may be eligible for some state benefits for persons living in poverty, such as the Minimum Subsistence Allowance (MSA), LAC stated that the MSA is not determined on objective criteria but distributed according to a quota system per village and is therefore subject to corruption leaving those most in need in poverty. Finally, LAC brought the Committee's attention to recent crackdowns against independent labour organisations which provide services to persons with disabilities.

The HK Coalition for the Rights of Persons with Disabilities.

The HK Coalition for the Rights of Persons with Disabilities presented the Committee members with their easy to read submission of their recommendations to the Committee on HK. Highlighted the following issues:

Lack of community care support and
Lack of choices available for persons with disabilities to live independently in the community;
The Women's Commission does not integrate in its work the rights of women with disabilitiesnor are there any women with disabilities in its membership;
For an Article 33(2) mechanism to be designated which complies with the Paris Principles;
Absence of data on sexual violence against women with disabilities
The challenges posed when they are abused by their own carers;
Lack of mainstreaming of disability across all sectors,
Inadequacy of the mental health policy including over reliance on psychotropic drugs without information in harmful side effects
Absence of alternatives to drug treatment.

This was followed by questions from Committee members and exchange on independent living, the links between civil society in mainland China and HK, the status of organisations of persons with psychosocial disabilities in mainland China, among others.

Committee's Dialogue With China

At 3pm, the Committee convened in a public session with a fifty person strong Chinese government delegation, including delegates representing mainland China, HKSAR and Macau SAR. Despite the live web cast by IDA, the Chinese delegation requested that its own media agency be permitted to film; as well as soliciting the presence of several UN security officers in the room during the dialogue, of which both requests were accorded by a formal decision of the Committee. Due to the large nature of the delegation, government delegates overflowed into the section habitually reserved for civil society.

Ms. Naikun Wang, Secretary General of the State Council Working Committee on Disability

The head of the Chinese delegation, Ms. Naikun Wang, Secretary General of the State Council Working Committee on Disability, gave the opening statement in which she highlighted the government's continued commitment to persons with disabilities. In particular, she indicated that in the next five years, the government will continue to give financial support to the construction of services and facilities, the training of specialised personnel for persons with disabilities, promoting the cause of disabled persons through the media, and the expansion of rehabilitation and education for persons with disabilities organised by NGOs. She spoke of the dynamic national monitoring mechanism on the conditions of persons with disabilities which collect data to provide scientific bases for the development of laws and regulations concerning them.

Ms. Man Shan Leung, Head of the HK delegation of the Labour and Welfare Bureau

Ms. Man Shan Leung, Head of the HK delegation of the Labour and Welfare Bureau made a statement affirming HK's commitment to promoting and protecting the human rights of persons with disabilities and promoting inherent dignity. She highlighted the latest developments, Including:

Strengthening rehabilitation services;
Investing in awareness raising
Building an accessible environment for persons with disabilities;
Improving funding support to NGOs to set up small enterprises to create jobs for persons with disabilities.
The Delegate From Macau

The delegate from Macau elaborated on the government's attention to children's education and the right to special education up to the age of 21 years free of charge, i.e. special education schools in Macau have special inclusive classes. The Labour Affairs Bureau has established a special group to help persons with disabilities with freeplacement services together with support in order for personswith disabilities to be integrated in the employment market. Further, the Macau SAR gives disability allowance to all persons with disabilities who are permanent residents of Macau and also qualify for the disability assessment registration card which entitles them to public health and care services.

Professor McCallum: Professor McCallum welcomed the large delegation and the many members of civil society present in the room and those around the world watching the web cast.
Mr. Hyung Shik Kim: Mr.Hyung Shik Kim makes his introductory remarks as reporters on China. Mr Kim acknowledged the advances which China has made, the role it played in negotiating the CRPD and congratulated the government for adopting the Beijing Declaration on disability inclusive development in 2012. Mr Kim premised the dialogue by reminding everyone that the process of the constructive dialogue is guided by Articles 36 and 37 of the CRPD and by the Vienna Convention on the law of treaties, whose Article 26 states that every treaty enforced is binding on parties to it and must be performed to them in faith. He raised the conflict which arises from the traditional welfare model and rights model which is about creating preconditions for inclusion and full and equal participation, empowerment and mainstreaming disability against protection and segregation. He expressed thanks to a small group of Chinese DPOs for drawing the Committee's attention to issues with terminology used to refer to persons with disabilities, involuntary commitment of persons with psychosocial disabilities, media reports of workers with intellectual disabilities being found in poor working conditions in construction factories. The Committee will be addressing these and also the role of persons with disabilities and DPOs, other than the CDPF; what is the relation of CDPF with DPOs and NGOs and with the state party, and how are Articles 4(3) and 33(3) being implemented; mainstreaming of disability across all policy making and how implementation is impacting on groups of persons with disabilities in urban and rural areas. He closed his remarks by stating that many people and nations are watching China leading in the global economy to see what progress it has made to improve the situation of persons with disabilities by upholding their rights.

Articles 1-5

Silvia Quan Chang: What is the progress on harmonisation of your legislation with the CRPD? In particular, how is terminology being updated to refer to persons with disabilities with respect and dignity in line with the CRPD?

How does the government undertake surveys and interviews to better know the situation of persons with disabilities, what is the research process undertaken? What is China's reaction to the WHO indication of 15% of persons with disabilities around the world?

Gabor Gombos: China and the SARs did not leave out in their definition of persons with disabilities, as many countries often do, persons with intellectual disabilities and persons with psychosocial disabilities. In relation to Article 4(3) which is about consultation and involvement of persons with disabilities, including children, through their representative organisations in every decision, in every legislative reform which may affect their lives. What measures has China and the SARS adopted to ensure that arguably the most vulnerable groups – persons with psychosocial disabilities are involved and consulted in legislative reforms and policymaking. What measures are being taken in mainland China in particular for those industrial victims to have barrier free access to disability certification?
Maria Soledad Cisternas: In Macau, what efforts are being made to bring in the concept of indirection discrimination into your legislation, including reasonable accommodation? Is there a possibility of adopting the Optional Protocol to the CRPD? The delegation said that there is a monitoring supervisory body to look at the implementation of the rights of persons with disabilities and statistics gathering, what is the work of this Commission and how does civil society participate in its work?
Stig Langvad: It would seem that the figure of persons with disabilities should be much higher than the approximately estimated 85 million, so who is covered by the definition- is I persons who have a disability certificate based on an assessment, or persons who do not have a certificate but nevertheless need protection from discrimination even though they may not be provided various services. Are relatives of persons with disabilities protected from discrimination by association in Chinese legislation? What is the involvement of persons with disabilities in China, HK and Macau, belonging to organisations which are not within the CDPF? Are there other such organisatinos? Are they consulted and how?
Damjan Tatic: Reasonable accommodation is key concept of the CRPD, while there are different interpretations of what it means, in the CRPD it is individualised response to provide equal opportunites to realise rights of persons with disabilities and that there is no unjustifiable hardship to do so. The example of reasonable accommodation given in the State report is the provision in the Criminal procedural law which provides for sign language interpretation for deaf persons- Will they always get sign language interpretation or sometimes denied as it could alleged to be unjustifiable hardship.
Chair: the question relates to Articles 4, 23, 27, 31 concerning the revised State Secrets Act of 2010 and possible implementation of draft regulations of August 2012. Will these draft regulations allow greater availability of more information than available in the past? E.g. Will the family planning department will be able to give out more info? (Arts 4, 23). The concern is that these laws hide and mask too much general information which we need and the Chinese people need.
Edah Maina: Regarding Article 25(2) of the Law on Protection of Persons with Disabilities, it stipulates that ordinary primary schools and junior high schools must accept children or juveniles with disabilities who are able to adapt themselves to life and standards there. What are the criteria for accepting children in schools based on the ability to adapt them, and what about children with intellectual disabilities? What mechanisms are put in place to access interventions to ensure that children are not put in institutions?
Lotfi Ben Lallahom: With respect to what my colleagues said about the definition of disability and that they consider it a medical approach to disability – the definition used by China is in accordance with the WHO's ICF because it covers how persons can perform in society. NGOs say the proportion of persons with disabilities is 15% and your report says 6.34%- why is there such a large gap?
German Xavier Torres Correa: With such an enormous country, how do you establish this working commission and what is the participation of person with disabilities in it? How are they chosen to monitor the implementation of the Convention?
Mr Kim: Art 32, many donor agencies prioritise disability inclusive development, China has been contributing to developing many African nations from the 1960s, what programme of action has it taken to ensure that persons with disabilities in developing countries can also benefit from your contribution? And how can persons with disabilities from China be part of that? Regarding Article 19, what kind of policies are in place to ensure independent living for persons with disabilities in China, Macao and HK? Regarding Article 33, how can persons with disabilities and DPOs be part of monitoring implementation of the CRPD?

Replies

Re definition: In 2008, an amendment was made to the Law on the Protection of Persons with Disabilities, the definition puts stress on function and social adaptability and the Chinese delegation believes this is a correct definition.
Re WHO figures: the delegation takes note of the new WHO statistics. The first survey on persons with disabilities was carried out in 1984, and it counted 4.9%; the second survey used the ICF criteria and came to 6.34%, the delegation believes this is in line with other figures in China on the economic and social level of China.
Re certification: Social security and public service puts all persons with disabilities in one package. The delegation affirmed that it does not confine persons to disability to those with certificates. To get one, there is a medical check and assessment of social adaptability in order to avoid abuse of privileges and benefits for persons with disabilities. They also stated that DPOs do provide services for persons with disabilities and certification is not a requirement, these organisations try to create conditions for persons to get these certificates.
Re persons with psychosocial disabilities: the delegation stated its practice is to provide voluntary assistance to this group of persons – there is an organisation of these persons with their relatives and these organisations are established at different levels of government. The delegation stated that there is a legislative effort to make opportunities to consult with them.
Re Industrial Victims: The delegation affirmed that persons suffering from industrial injury, as long as they meet the requirements, they can have the certificate and as for the reason of those injuries or disability, there are certain criteria, it is not because of the reason – if they meet the requirement, they will get the certificate.
Re Optional Protocol: the delegation affirmed that the view of China is that the promotion and protection of human rights should mainly rely on the efforts of the government concerned, and that they are in the process of studying this question.
Re HK: the advisory body to the HK government includes persons with disabilities, parents, self help groups. There are dedicated working groups to look at specific areas of concern, e.g; transport.
Re independent living in HK: the delegation stated that they are strengthening support for carers and enhancing carer capacity; they provide help to persons with disabilities to integrate in community through programmes and pilot projects with a range of home based or community based community support and care services, e.g. daycares, daycares services and training.
Re Macau: the delegation stated that the CRPD is directly inviolable in Macao. Accommodations for voters with disabilities -can be accompanied by others to vote and persons accompanying them have to respect their views and obligation to keep it confidential. If persons with disabilities feel their rights were violated, they can directly invoke the CRPD and bring a lawsuit to Macau.
Re conducting studies: the delegation said supervision is carried out by the State Ministry of Education and many other organisations, it concerns medical studies, statistics and many other fields and they need the support of civil society to do it, including universities and academic institutions.
Re consultation: the delegation stated that legal drafts are open to society for views, except state secrets. The State Council opened the draft for views of the regulation on mental health during 2011. Persons with intellectual disabilities and friends and families can add their views and views of DPOs can also be taken into account. The delegation also added that views of persons with disabilities in institutions are also taken and the materials and relevant views of organisations are published in media reports.
Re Reasonable accommodation: the delegation affirmed that it is subject to different interpretations and that the government endorses the provisions of the CRPD. They stated that in regulations and laws, they made provisions for providing reasonable accommodation for the participation of persons with disabilities across all sectors (employment, social security, sharing of cultural activities, election, public transport, exchange of views and information and participation of community life). The delegation added that under article 119 of the Criminal procedure law, when interrogating blind, mute people, officers with sign language interpretation should participate and should be recorded. Public security organisations and people's court have to ensure that persons with disabilities have equal rights to justice. In 2009, the supreme people's court issued a regulation to strengthen the legal system which contains regulations and provisions to help persons with disabilities. The delegation stated that there is a shortage of sign language interpreters and there are plans to train personnel in courts and provide opportunities to certain judges to learn sign language and get proper training to increase assistance to persons with disabilities especially those with visual and hearing impairments. The delegation specified that if people are not satisfied with the service provided, the court has the obligation to provide a channel of communication to contact for relevant assistance.

Questions 6-19

Theresia Degener: Article 6, question on the high incidence of violence against women with disabilities, including domestic violence, and the high number of women with psychosocial disabilities in institutions; while forced sterilisation is prohibited as a method of population control, it is not legally prohibited if concerning a women without legal capacity or women with disabilities in institutions? In HK, will the Women's Commission mandate expand to integrate women with disabilities and include women with disabilities in its membership?
Re Art 7, Children with disabilities, there are troubling reports of 90% of abandoned children are children with disabilities and estimated 90,000 children currently live in various kinds of institutions and in some institutions as many as 90% are children with children with disabilities. The CDPF indicate over 37% of children withdisabilities is not enrolled in school and over 60% of disabled children have never receivedany kind of support and services. Are there any plans to tackle these issues in light their particularly, particular vulnerabilityof children with disabilities including corporal punishment? And what steps will be taken to ensure as a matter of priority that legislation explicitly prohibits corporal punishment in thehome in mainstream and segregated settings?
Re Article 10,In HK, it seems that guardians cannot make decision to withdraw medication and the right to life support, however medical practitioners can do so with respect to the person deemed legally incapable and the best interest of the patient shall prevail in such cases, are there are plans to review this law? In mainland China, Committee has receivedinformation about the abduction of young boys with cognitive disabilities in rural areas who were then made slave labourers in mining enterprises and later they were killed through the staging of mineaccidents resulting in the victim's death in order to claim compensation from mining owners.What sanctions are order and what steps were taken in order to prevent such atrocities in the future?
Re Arts 12, 13, 16, 17, Will the government increase resources for support towards persons with psychosocial disabilities? Does the government share concerns that the draft mental health law does not address involuntary hospitalisation, abuse and ill treatment in institutions against persons with psychosocial disabilities, lack of communication and access to justice in institutions, does it plan to bring the law of and practice of mental health law with alignmentwith the CRPD?
Silvia Quan Chang: Is there a policy, is there a plan to provide the necessary support and care for persons with disabilities in risk situations and humanitarian emergencies?
Damjan Tatic: How to ensure that the built environment is really accessible and sanctions are applied to those who do not apply accessibility standards? Re HK, request for more information on complaints submitted under the Disability Discrimination Ordinance relating to accessibility; Re Macau, how are existing architectural barriers being removed?
Carlos Rios Espinosa: Article 8, Campaigns appear to focus on disability as a health issue, are there any campaigns from another perspective and not as a health issue? On Article 10, what are the numbers of investigations into situations in which persons have been deprived of their life, specifically infanticide? Article 13, Are measures taken to ensure that persons with disabilitiescan enjoy the rights to due process in civil and criminal cases alike? Article 14; is the philosophy which undermines these measures the moral correction of persons with disabilities?
Stig Langvad: the approach and definition of disability in China is more medical than social; it is important that countries like China take into account that the social model is dealing with social barriers which prevent persons with disabilities from participating in activities. Art 9, are there specific mandatory rules securing accessibility to physical buildings, accessing ATMs, etc and how is it ensured that those rules are carried out in daily activities; Art 19, do you have institutions for persons with disabilities and what is the size of the largest institution and what constituency of persons with disabilities are there? What are the policies ensuring persons with disabilities are included in their local societies?
Edah Maina: Art 12, limited legal capacity and deprivation of legal capacity conflicts with the equal recognition before the law provision in the Chinese constitution; and derogatory language and references; what mechanisms in place for deinstitutionalization?
Gabor Gombos: Art 9, what measures have China, HK & Macao adopted to ensure that increasing number of deaf people can actually access sign language interpretation services without barriers? Chinain process of drafting/adopting mental health law. The laws are still in sharp contradiction to CRPD norms, as they allow for disability based detention. In HK: is there any concrete plan to change the MH ordinance in order to bring it into compliance with CRPD norms and whether planning in this process that persons with disabilities including persons with psychosocial disabilities are meaningfully involved?
Maria Soledad Cisternas: What is qualified guardianship system and what does it comprise? Is Macao implementing the Committee against Torture's recommendation relating to the Istanbul protocol? Have lighter penalties for persons with mental disabilities been repealed?
Ana Pelaez: Art 23, what measures are being taken to guarantee that high levels of institutionalisation or committal of children with disabilities to try to place them with host families or alternative forms of care in their communities and not in institutions? When foreigners come to China to try to adopt a child of Chinese nationality and the prospective adoptive parents have disabilities their request is denied. What measures taken to guarantee the right for parents to exercise full parental rights over children?

Session closed at 6pm.

*The summary is provided by the IDA secretariat and is not an official record of the proceedings.*

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