Disabled people who have disability certificates but have a reliable source of income cannot enjoy the minimum living guarantee, but disabled people can enjoy it first.
According to Article 2 of the Law of the People's Republic of China on the Protection of Disabled Persons (hereinafter referred to as the Law on the Protection of Disabled Persons) adopted by the National People's Congress Standing Committee (NPCSC) 1990 on February 28th:
A disabled person refers to a person who has lost all or part of his ability to engage in certain activities in a normal way in psychology, physiology and human structure or some organizations and functions are abnormal.
Disabled people include people with visual disabilities, hearing disabilities, speech disabilities, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities and other disabilities.
Disability standards are formulated by the State Council.
What measures does the state and society mainly take to enrich the spiritual and cultural life of the disabled?
The state and society take the following measures to enrich the spiritual and cultural life of the disabled:
(1) reflect the life of the disabled through radio, movies, television, newspapers, books, etc., and serve the disabled;
(2) Organizing and supporting the compilation and publication of Braille books, audio books for the blind, books for the deaf and books for the mentally handicapped, launching TV sign language programs, and adding subtitles and explanations to some film and television works;
(3) Organizing and supporting disabled people to carry out mass cultural, sports and recreational activities, holding special art performances and special sports meetings, and participating in major international competitions and exchanges;
(4) Public places such as culture, sports and entertainment provide convenience and care for the disabled. Set up places for the disabled in a planned way;
Compared with ordinary mass reading materials and modes of communication, special reading materials and special cultural performances and sports activities play an irreplaceable role in enriching the spiritual and cultural life of the disabled.
What is welfare for the disabled?
Welfare for the disabled is the facilities, conditions and services provided by the state and society for the disabled in life, work, education, medical care and rehabilitation on the basis of ensuring their basic material needs. Mainly includes the following contents:
(1) Open up employment opportunities for the disabled through multiple channels, levels and forms, expand the scope of employment, provide employment opportunities, and guarantee their right to work and self-realization;
(2) Vigorously develop special education for the disabled and improve their cultural quality and self-reliance ability;
(three) to carry out legislation, publicity and education to protect the legitimate rights and interests of the disabled and provide special protection, and to call on the society to respect, care for and help the disabled;
(four) the production of facilities and equipment for disabled people's life, work, education, cultural and recreational activities;
(5) Provide convenience for the disabled as much as possible in all fields of social undertakings, and so on.
Social welfare is an important part of social security. It is a social security policy, facilities and corresponding services provided by the state and society to ensure and maintain a certain quality of life of social members and meet their basic material and spiritual needs. Welfare for the disabled is an important part of social welfare.
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What is the responsibility of the state and society in safeguarding and improving the lives of the disabled?
(1) The state and society take rescue, relief and other welfare measures to ensure and improve the lives of the disabled;
(two) through various channels to give relief and subsidies to disabled people who have real difficulties in life;
(three) to give assistance and relief to the disabled who have no ability to work, no dependents and no source of livelihood;
(4) The local people's governments at all levels and the society set up welfare homes and other placement and adoption agencies to resettle and adopt disabled people in accordance with regulations and gradually improve their lives.
Support, including providing policy, material and spiritual support and help. Relief is to provide regular and irregular assistance and subsidies to disabled people who have lost their ability to work or have a certain ability to work but cannot maintain their basic livelihood. Support refers to the long-term support and relief provided by the state, collectives and social organizations to the disabled who have no ability to work, no dependents and no source of livelihood. Establishing welfare placement and adoption institutions is an effective way to place and adopt disabled people who have no ability to work, no dependents and no source of livelihood.
How do disabled people participate in social insurance?
Units where disabled persons work, urban and rural grassroots organizations and families of disabled persons shall encourage and help disabled persons to participate in social insurance. Disabled people to participate in social insurance, generally take personal insurance, collective management, collective and individual insurance. Help the disabled to apply for social insurance. The severely disabled, the disabled under guardianship and the mentally disabled need their legal supporters and guardians to handle social insurance on their behalf.
Social insurance is a social security system to ensure that citizens can get basic living needs and health protection when they encounter risks such as childbirth, old age, illness, injury, disability, unemployment and death. The participation of disabled people in social insurance is an important measure to relieve the worries of units, urban and rural grassroots organizations, disabled families and disabled people themselves.
What are the rules for special care for the disabled?
(1) Public service institutions should actively create conditions to provide priority services and auxiliary services for the disabled;
(2) When people with disabilities take buses, trams, subways, ships, ferries, trains, planes and other public transport, they shall provide convenience and care for them; It should be allowed to carry assistive devices necessary for the disabled free of charge;
(3) The blind can take buses, trams, subways and ferries in the city for free, and all books and mails for the blind are delivered free of charge;
(four) the people's governments at the county and township levels shall, according to the specific circumstances, reduce or exempt the rural disabled from compulsory labor, public welfare fees and other social burdens. People's governments at all levels should gradually increase other care and help for the disabled.
With the gradual improvement of the legal system, the state pays more and more attention to protecting the interests of the disabled through legislative means, giving them as much care as possible, preventing them from being eliminated by society, avoiding discrimination against them and helping them adapt to society.
Do disabled people need military service?
According to the provisions of the Military Service Law, those who are unfit for military service due to serious physical defects or serious disabilities are exempted from military service. In addition, after discharged from active service, conscripts suffering from mental illness should be sent to local hospitals for treatment or go home to recuperate, and the people's governments of counties, autonomous counties, cities and municipal districts should be responsible for the medical and living expenses required; During the period of active service, volunteers who are disabled due to war or work-related injuries shall go through retirement procedures, and the people's governments of counties, autonomous counties, cities and municipal districts that were originally recruited or the people's governments of counties, autonomous counties, cities and municipal districts where their immediate family members are located shall receive resettlement.
China citizens, regardless of nationality, race, occupation, family background, religious belief and education level, are obliged to perform military service in accordance with the provisions of the Military Service Law, except those who are severely disabled, physically disabled or deprived of political rights according to law.
How to ensure and improve the conditions for disabled people to participate in social life?
Gradually creating a good environment for the disabled is an important condition for the disabled to fully participate in social life, and it is also the embodiment of social civilization and progress. The state and society should gradually create a good environment and constantly improve the conditions for disabled people to participate in social life. Good environment, including social material environment and social spiritual environment;
(1) Socio-material environment: The state and society gradually implement the design specifications for urban roads and buildings that are convenient for the disabled and adopt barrier-free measures;
(2) Social and spiritual environment: the state and society promote mutual understanding and exchanges between the disabled and other citizens, publicize the cause and deeds of helping the disabled, carry forward the spirit of self-improvement of the disabled, and advocate the social fashion of unity, friendship and mutual assistance.
On April 1 day, 2004, the 10th meeting of the Standing Committee of the 12th Beijing Municipal People's Congress deliberated and passed the Regulations on the Construction and Management of Barrier-free Facilities in Beijing, which came into effect on May 16, 2004.
What right do disabled people have to appeal and file a lawsuit?
The right to appeal and the right to file a lawsuit are the preconditions for the disabled to obtain legal protection and assistance when their legitimate rights and interests are violated. The legitimate rights and interests of disabled people include the basic rights of citizens stipulated in the Constitution and the rights stipulated by other laws, especially the special rights that disabled people should enjoy as stipulated in the Law on the Protection of Disabled People. If the legitimate rights and interests of disabled persons are infringed, the infringed person or his agent has the right to request the relevant competent department to handle it, or bring a lawsuit to the people's court according to law.
The right to appeal means that citizens have the right to appeal to the relevant state organs when their rights and legitimate rights and interests are violated. The right to file a lawsuit belongs to the category of judicial relief right. It is absolutely necessary for the effective protection of the legitimate rights and interests of the disabled to give the infringed disabled and their agents the right to lodge a complaint or bring a lawsuit.
What is the responsibility for infringing on the legitimate rights and interests of the disabled?
(1) If a state functionary violates the law and neglects his duty and damages the lawful rights and interests of the disabled, his unit or higher authorities shall order him to make corrections or give him administrative sanctions;
(2) Civil liability: The civil rights of the disabled mainly include property rights and personal rights. If the legitimate rights and interests of the disabled are infringed, causing property losses or other losses or damages, they shall compensate or bear other civil liabilities according to law. According to the General Principles of Civil Law, there are ten ways to bear civil liability: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) Compensation for losses; (8) Paying liquidated damages; (9) Eliminating the influence and restoring the reputation; (10) apologize;
(3) Administrative responsibility or criminal responsibility: A criminal act that takes advantage of the disability of the disabled and infringes on the personal rights or other legal rights of the disabled, which constitutes a crime, shall be given a heavier punishment in accordance with the relevant provisions of the Criminal Law. Whoever publicly insults the disabled by violence or other means, if the circumstances are serious, shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of insult; If the circumstances are relatively minor, it shall be punished in accordance with the regulations on administrative penalties for public security. Abuse of disabled persons shall be punished in accordance with the regulations on administrative penalties for public security; If the circumstances are bad, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on the crime of maltreatment. Whoever refuses to support or abandons a disabled person without independent living ability shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on rape. Whoever commits adultery with a disabled person who can't recognize his behavior because of mental disability or intellectual disability shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on rape.
China's laws often have limitations on appeal, prosecution and investigation of criminal responsibility. For example, the limitation of action in general civil litigation is two years, and the limitation of action for claiming personal injury compensation is one year.
How to protect disabled children's right to education?
China laws fully protect the right of disabled children to education. Ordinary preschool education institutions should accept disabled children who can adapt to their lives. Disabled children attached to preschool education institutions and ordinary preschool education institutions, preschool classes of special education schools, welfare institutions for disabled children and families of disabled children should all implement preschool education for disabled children according to law. At present, the length of compulsory education of disabled children in China is the same as that of local healthy children in principle, and the length of schooling of various special schools should be determined according to the different situations in different places and the educational characteristics of various disabled children.
● Although disabled children have different degrees of disability, receiving education is their common requirement and the common responsibility of the state and society. It is China's consistent policy to protect and realize the right to education of disabled children.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.