China

China 

At a glance

• China’s ‘Law on the Protection of Persons with Disabilities’ seeks to protect the rights of disabled people and “ensure the equal and full participation of persons with disabilities in social life and their share of the material and cultural wealth of society.” 

• China has signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). 

Key stats

• There are around 85 million disabled people in China, which is 6.2 per cent of the population. 32 million are of working age (International Labor Organisation (ILO)). 

• In 2018, households with at least one disabled person earned on average less than 60 per cent of the national average. (UN, 2023) 

• Only 0.3 per cent of the urban workforce in 2015 was disabled – despite a quota requiring at least 1.5 per cent (Cornell, 2018). 

The law

• Disability legislation: 
  • Law on the Protection of persons with Disabilities – In 2008, China amended the 1991 ‘Law on the Protection of Persons with Disabilities’ (referred to hereafter as the Protection Law). The amendments significantly developed the rights of disabled people in China, and aimed to harmonise Chinese law with the CRPD.  
  • Other laws – Anti-discrimination is also built into more than 80 other laws governing areas such as housing, construction and employment (UN Partnership on the Rights of Persons with Disabilities, 2023). 

• Definition of disability – The 2008 Protection Law defines a person with disabilities as: 
  • “One who has abnormalities or loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal,” and; 
  • “One with visual, or hearing, or speech, or physical, or intellectual, or psychiatric disability, multiple disabilities and/or other disabilities.” 

Language

• Official language – China has a number of official languages. Standard Chinese is used by the Chinese government and spoken by most Chinese people. Organisations operating in China should consult with disabled people about inclusive language in the relevant languages and dialects for their work. 

• Disabled person – Government statements about disability tend to say “canji ren” to refer to a disabled person. This literally translates as “disabled sick person.” Official translations into English omit the word “sick.” Some disability rights organisations promote the use of “canzhangren,” which translates loosely to “disabled person” with an emphasis on barriers rather than illness. It is not widely used. 

• Person-first language – Many people in China prefer to use person-first language (“person with X disability). In Standard Chinese, this often translates to phrases such as “the person who cannot see” or “the person who cannot walk.” (ChinaSource, 2016) 

Employment

• Adjustments / accommodations – The UN has noted that there is an incomplete legal framework for providing reasonable accommodations in line with the CRPD. The Regulations on the Employment of Persons with Disabilities (2007) did not establish an explicit requirement for reasonable accommodations. The definition of discrimination under the 2008 Protection Law does not explicitly make failure to make accommodations a form of discrimination. However, employers should seek to avoid disadvantaging disabled employees by making changes and accommodations to remove barriers.  

• Quotas – Public and private employers are required to reserve 1.5 per cent of jobs for disabled people. Failure to meet this quota results in a fee to the Disabled Persons Employment Security Fund. This does not apply to organisations that have fewer than 20 employees and have been operating for less than three years. The exact percentage may vary between provinces. 

• Incentives – Employers that exceed the 1.5 per cent quota can claim incentives, including: 
  • Subsidies for disabled employees’ pay 
  • Financial support to build accessible facilities 
  • Taxation benefits. (Cornell, 2018) 

Customers

• Discrimination against customers and service users with disabilities is unlawful under the 2008 Proteciton Law. However, this does not elaborate what discrimination means or how organisations should avoid discrimination. The focus of this Law is instead on the State providing support to disabled people (Article 4). 

Built environment

• China’s Regulation on Barrier-Free Construction (2023) applies to residential buildings, public buildings, transport facilities, roads, and other areas. 

Digital accessibility

• China’s Voluntary Web Accessibility Standard outlines how to achieve digital accessibility in China. It is based on WCAG 2.0. It is not a legal requirement (as the name suggests) – however, discrimination against disabled people is outlawed in general by the 2008 Protection Law. 

Country-specific disability organisations

• China Disabled Persons Federation – An umbrella organisation that works to protect the rights of disabled people, provide support services, and monitor social issues relating to disability on behalf of the government.