Keywords: right to development; rights of children; rights of people with disabilities; human rights;

 

Given the new situation in the decisive stage of building a moderately prosperous society in all aspects and the new trend, new opportunities, new conflicts and new challenges of the presently economic and social development, the 5th Plenary Session of the 18th CPC National Congress insists on the development idea with people at its core and proposes the development concept including innovative development, coordinated development, green development, open development and shared development (hereinafter referred to as “the new development concept”). The nature of the new development concept is the high-level summary and theoretical expression of the protection concept of people’s right to development against the new background. The new development concept carry significance to human rights protection and practice.

 

“In a society featured by the multidimensional hierarchy but not the two-dimensional layers, human rights, at first, involve the human rights of the social vulnerable groups in a society.”¹ The right to development is particularly important and urgent to the vulnerable groups. Therefore, protecting the right to development of the vulnerable groups represented by women, senior citizens, people with disabilities and children forcefully facilitate the realization of the right to development of all social members. As for the disabled children, the nature of “disability” is combined with “children” and even sex and birth, which can lead to multiple unfavorable conditions and becomes “the weaker in vulnerable groups”.² Therefore, in the view of the new development concept, analyzing protecting the right to development of Chinese disabled children helps Chinese people better understand the significance of the new development concept to the Chinese human rights protection.

 

 

The new development concept underlying innovative development, coordinated development, green development, open development and shared development are new-type, full-range and systematic ideas regarding economy, society, politics, culture and biology, which is proposed by the Central Committee at the 18th CPC Central Committee on the basis of the international situation and the phased changes of domestic development. The new development concept provides epochal guidance for the human rights protection in China. This part will briefly analyze the general relations between the new development concept and human rights protection, which can be used as the foundation for stating the new development concept and protecting the right to development of Chinese disabled children.

 

 

Innovation refers that “the new substance denies the old one, and the new thought surpasses the old one”.³ The main idea of the innovative development is the problem related to development driven force.⁴ According to the requirements of the 5th Plenary Session of the 18th CPC National Congress, we “must set innovation at the core of national development situation and continually promote theoretical development, mechanism development, technological development and cultural development, etc.; innovation should be upheld in all undertakings of the Party and the state and become a common trend”. Therefore, for the human rights protection in China, innovative idea can be the basic and fundamental guidance.

 

According to the requirements of innovative concept, firstly, China should strengthen the legal protection for intellectual property right and technological innovation, promotes innovation and industrial structure upgradation, maintain sustained growth, create more material fortune and provide forceful support and protection for all kinds of human rights enjoyed by Chinese people including disabled children. Secondly, we should innovate the human rights theories, systems and culture, establish and improve the socialism human rights theories, systems and culture with Chinese characteristics, so that the human rights undertakings with Chinese characteristics will make steady improvement in spiritual and institutional civilization and guarantee full realization of the right to development of Chinese people.

 

 

Coordinated development “focuses on a more balanced and full-ranged development in all areas, for interested parties and classes and at all stages,⁵ whose nature is to “work out the unbalanced, uncoordinated and unsustainable development in different areas, urban and rural areas, classes and stages”.⁶ For human rights protection in China，the coordinated concept is mainly viewed as the realizing means and evaluation criteria and it is the basic and effective means to solve the unbalanced development among all the social classes induced by the unbalanced development among “urban and rural areas”, “different regions” and “social members”.

 

According to the requirements of the coordinated concept, human rights protection in China need emphasize on the following issues: firstly, promote the coordinated development in urban and rural areas to ensure that citizens in urban and rural areas enjoy the basic public services and are provided with equal development opportunities. Secondly, promote the coordinated development among different areas and protect the development rights of poor people in undeveloped areas. Thirdly, promote the balanced development among social members and particularly protect the equal development opportunities between social vulnerable groups represented by disabled children and other groups.

 

 

The green development is an inevitable requirement of sustainable and ecological development, which reflects the harmonious coexistence between humans and nature and the intergenerational equity of the present and post generation. The green concept reveals the ecological and intergenerational dimension, which requires provision of the support of the establishment of ecological civilization for the human rights protection in China.

 

With regard to the requirements of the green idea, human rights protection in China needs to focus on the following issues: firstly, China should reinforce the implementation of the environmental protection legal system; and by the means of advancing and improving procuratorate organs in filing the environmental public interests lawsuits, China needs to pay more attention to solving major environmental issues such as smog, drinking water and soil pollution and protects people’s rights to healthy life, which can provide a sound ecological environmental basis for people’s development. Secondly, China should impose strict supervision on food safety and ensure that the food for the present and the post generation can be obtained “through a sustainable approach without influencing the access to other human rights”,⁷ to protect people’s right to moderate food and maintain people’s “safety on the tip of tongue”. Thirdly, China should promote legal system of resource conservation, “boost green development, circular development, low-carbon development and never seek temporarily economic growth at the expense of environment”,⁸ so that we can maintain justice for generations and make sure that the future generations can enjoy a producing and living environment with blue sky, green land and clear water”.⁹

 

 

The opening concept deals with the relations between China and the rest of the world. In the world today, “the degree of interrelation and interdependence of all countries deepens in an unprecedented manner and humans live in a global village”;¹⁰ economic globalization, global governance and international legal governance gain more development and the political, economic and cultural development of one country cannot separate itself from the international community. Against the background of great changes taking place in the international and domestic situation and China’s international status, insisting and deepening the reform and opening-up is the only way for China’s development. Human rights protection is no exception.

 

According to the requirements of the opening concept, human rights protection in China needs to pay attention to the following issues: firstly, in accordance with international human rights conventions such as The Universal Declaration of Human Rights, The Convention on Economic, Social and Cultural Rights and The Declaration of the Right to Development, China should strengthen international co-operation and communication in human rights realm at different levels on the globe, among areas and states and actively participate in the activities of international human rights organizations and become an active player in formulating and improving the international human rights standards. Secondly, at present, the achievements of human rights protection and the progresses in human rights undertakings, popularize Chinese theory on human rights protection and upgrade China’s discourse power in international human rights. Thirdly, actively learning and absorbing the international advanced theories and systems of human rights protection and promoting the improvement of China’s human rights protection system.  

 

 

The shared development idea is “the direct response to people’s realistic claims, which is the final step to improve people’s wellbeing”¹¹ It focuses on all people’s development and the achievements of economic and social development shared by Chinese people instead of individual development. Social vulnerable groups, owing to their weak positions, have no right and freedom to participate in development and it is also difficult to equally share development achievements of one state”,¹² and the shared concept bears great values particularly for human rights protection.

 

According to the shared development idea, human rights protection in China needs to focus on the following issues, including: firstly, through improving legal system and transferring government function, China should ensure that people share the results of reform and development and realize fair and justice in distribution. It mainly focuses on the rights, especially people’s rights to employment, social insurance, education and housing, which are protected by Chinese government. The rights of women, senior citizens and peoples with disabilities should be given special protection, so that they can share the development process with other people.

 

From the above-mentioned statement, we know that the new development idea lays an idea foundation in this era, which, in particular, facilitates protecting and realizing the development rights enjoyed by social vulnerable groups represented by the disabled children.

 

 

The development rights of disabled children are human rights in particular type of this special subject. Therefore, only by clarifying the connotation of disabled children and the right to development, people can understand the connotation of the human rights of disabled children mentioned in this context.

 

 

In accordance with Article 1 of the Convention on the Rights of the Child and Article 2 of the Law of the People’s Republic of China on the Protection of Minors, “children” mentioned in this essay means Chinese citizens under the age of eighteen. In terms of the definition of the range of persons with disabilities, according to the Article 1(2) of the Convention on the Rights of Persons with Disabilities, “disabled children” mentioned in this essay means “Chinese citizens with disabilities under the age of eighteen, including those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in the society on an equal basis with others”.

 

In nature, disabled children are viewed as a typical social vulnerable group. Vulnerable group means “a group of people who are in a relatively disadvantaged position in psychology, physiology, ability, opportunity and situations, for being deprived of their rights in nature, society and laws”,¹³ all kinds of rights including the development right enjoyed by them which is quite easy to be violated and is needed to get urgent protection. On one hand, the disabled children are children with the feature of be growing, dependent and vulnerable to violation.¹⁴ On the other hand, they are disabled people with defects or impairments in physiology, psychology, intelligence and body, etc. Therefore, compared with the vulnerable groups we are familiar with such as women, senior citizens, children and persons with disabilities, the disabled children are in an extremely disadvantaged position— “the weakest part in the vulnerable groups”. Whether the development right of each child with disabilities can be sufficiently protected carries much significance for them to have the equal development ability to adapt to the economic and social development and  sufficiently integrated with society on the basis of sharing equal position with other social members.

 

 

The right to development is not only an individual human right, but also a collective human right of a state or nation. As prescribed in Article 2 of the Declaration on the Right to Development, “the human person is the central subject of development and should be the active participant and beneficiary of the right to development.” As a member of the human society, disabled children naturally become the subject of the right to development, which can be sufficiently reflected in laws and regulations from home and abroad. For example, 25 articles in the Convention on the Rights of Child involve children’s right to development and ensure the disabled children “achieve the fullest possible social integration and individual development, including his or her cultural and spiritual development”. In accordance with the Article 3(1) of Law of the People’s Republic of China on the Protection of Minors, the right to development of disabled children refers that “minors shall enjoy the right to life, the right to development, the right to being protected and the right to participation, and the State gives them special and preferential protection in light of the characteristics of their physical and mental development and ensures the inviolability of their lawful rights and interests."

 

According to the definition of disabled children and the right to development mentioned in this essay, the right to development of disabled children refers to the right enjoyed by the disabled Chinese citizens under the age of eighteen to participate, promote and enjoy the economic, social, cultural and political development.

 

 

With regard to the content, “the right to development is a fundamental human right, the right capacity of which is huge and the direction is divergent with strong openness; the inclusiveness and maternity are quite prominent, which breeds colorful form of sub-human rights.”.¹⁵ As a special subject, the right to development of disabled children serves as an individual right to development and it also involves many sub-human rights forms in economic, political, social and cultural development right. In the above-mentioned rights, this essay cites the views of Wang Xigen, a Chinese scholar, namely “the lowest standard of whether the right to development can be realized is whether the fundamental opportunities and development conditions of the undeveloped subjects can meet the lowest requirements, which mainly include whether there exist the right to food, the right to health and the right to education and their realization degree.”¹⁶ Therefore, the following part will discuss the right to education and the right to rehabilitation service.  

 

 

The right to education “includes various respects of educational and academic freedom, composing an indispensable part of contemporary law of human right. ”¹⁷ In this essay, the right to education of disabled children refers to the right enjoyed by this special group, including preschool and, particularly, compulsory education.

 

Even though “the right is interdependent, inseparable and interconnected”, perhaps as “the only right of the third generation simultaneously”¹⁸, the right to education and other human right in all generations have close connections.¹⁹ Article 1 of No. 13 general comment of International Covenant on Economic, Social and Cultural right summarizes it as “a human right and an indispensable measure to achieve other human rights”.²⁰ Based on its special position in achieving one’s development, the right to education of the children with disability and the vulnerable groups, has been declared clearly in numerous core international human right document. For example, Article 23 of Convention on the Right of the Children (hereinafter referred to as CRC) regulates that “(assistance shall be designated to) ensure that disabled children have effective access to and receive education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.” Convention on the right of Persons with Disabilities further emphasizes that children with disabilities are not excluded from free and compulsory primary and secondary education, on the basis of disability; persons with disabilities can access to an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live. According to the provisions of the above mentioned conventions and covenants, state members shall mainly take the responsibilities on the right to education by positive acts.²¹

 

 

The right to rehabilitation services of disabled children refers to the right to all kinds of rehabilitation service legally enjoyed under the special conditions. Rehabilitation of the disabled persons use medical , educational, occupational, social and supplementary technologies to help disabled persons to resume normal functions or compensate for lost functions, lessen their functional obstacles, and enhance their ability to participate in social life.²² Since the condition of disability occurred early, some disabled children in light degrees may improve their conditions by rehabilitation training, or even be cured, which becomes significant to realizing the development right when acquiring rehabilitation services.

 

Article 23 of CRC is an article on disabled children enjoying a special right to be cared. This article clearly states that disabled children shall receive effective rehabilitation services, including prevention, health-care, medical treatment, psychological treatment and functional treatment, and they may receive aids from the right to special care. Meanwhile, according to Article 24 of CRC, states parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right to access to such health care services. According to regulations on Convention on the Right of Persons with Disabilities, States Parties shall promote the availability, knowledge and use of assistant devices and technologies, designed for persons with disabilities, as they relate to rehabilitation. According to the regulations in the above mentioned conventions and covenants, states, as main subjects, fulfill the obligation of conducting the rehabilitation right of disabled children, acted as practical obligations, that is, measures of taking settled policies actively, and providing funds to ensure the fulfillment and practical realization of such right of disabled children.

 

Finally, what need be emphasized is the “limitation” mentioned in the essay has a special meaning, which doesn’t mean the necessity for survival, but for a healthy and meaningful life. The lifestyle does not only fit basic necessities, but fits spiritual life, nutritious status and body condition, and that of cultural and social aspects as the lowest standard enjoyed in people’s life.²³

 

 

The Law of the People’s Republic of China on the Protection of Minors regulates that children, including disabled children, enjoy the right to life, the right to development, the right to being protected and the right to participation. However, there’s no clear regulation in details nor measures conducting the development right of disabled children. According to the above-mentioned lowest standards of development right of disabled children, this essay aims to brief about two respects, legal and administrative guarantee of the rights to education and to rehabilitation services.

 

 

To achieve education fairness and promote disabled children’s development and integration into the society, the state must attach importance on the guarantee of the right to education of disabled children. Due to the development of children’s right, to protect the development right of disabled children mainly focuses on the right to education of those children to some degree.

 

 

Currently, main legislation of the right to education of disabled children is Compulsory Education Law of the People’s Republic of China. There are also related regulations on the Law of the People’s Republic of China on the Protection of Disabled Persons and Law of the People’s Republic of China on the Protection of the Minors.

 

Article 6 of Compulsory Education Law of the People’s Republic of China regulates that the State Council and the local people’s governments at or above the county level shall rationally allocate educational resources, promote balanced development of compulsory education, help the schools started on weak foundations to improve the conditions for school running, and adopt measures to ensure that compulsory education is provided in rural areas and in areas inhabited by ethnic groups and that the school-age children and adolescents who are from families with financial difficulties or who are disabled receive compulsory education. Article 19 regulates that “People’s governments at or above the county level shall, in light of needs, establish schools (classes) to provide special education that is appropriate for school-age children and adolescents who are blind, deaf-mute or mentally retarded to receive compulsory education. Such schools (classes) shall have places and facilities tailored to the special characteristics of the said children and adolescents for the benefit of their study, rehabilitation and daily life.” “Regular schools shall admit to the classes corresponding to the levels of the disabled school-age children and adolescents who are capable of receiving regular education and provide them with aid in study and rehabilitation.” Article 57 regulates that a school shall be ordered to make rectification within a time limit by the administrative department for education of the people’s government at the county level if refusing to admit to the classes corresponding to the levels of the disabled school-age children and adolescents who are capable of receiving regular education; and if the circumstances are serious, the person directly in charge and the other persons directly responsible shall be punished according to law.

 

Besides, Section 3 Article 21 of Law of the People’s Republic of China on the Protection of Disabled Persons regulates that the government, the society, and schools shall take effective measures to address difficulties faced by children and juveniles with disabilities in schooling, and help them complete compulsory education. Article 28 of the Law of the People’s Republic of China on the Protection of Minors regulates that governments at all levels shall take measures to ensure disabled children to receive compulsory education.

 

 

As administrative guarantees, the state implements policies such as Guideline on the Development of Chinese Children (20102020) and Improving Plan of Special Education (20142016) and achieves the guarantee of the right to education of disabled children by providing the funds and resources for disabled children to receive education according to Compulsory Education Law of the People’s Republic of China, Law of the People’s Republic of China on the Protection of Disabled Persons and Law of the People’s Republic of China on the Protection of Minors.

 

Firstly, pre-school education. Guideline on the Development of Chinese Children (20102020) regulates the government shall develop pre-school education of disabled children according to the local condition, and encourage special education schools and rehabilitation institutions of the disabled persons to build kindergartens receiving disabled children. In 2015, Opinions on the States Council Promoting Moderate Prosperity of the Disabled Persons regulates further that the government shall conduct Improving Plan of Special Education (20142016). Special education schools shall launch pre-school education universally and the state will provide funds and sponsorship for universal and beneficial pre-school education for special children. According to the statistics, in 2015, the state conducted targeted lottery public welfare fund stipend program for the disabled persons and universal pre-school education sponsorship for disabled children of 12,000 impoverished households.²⁴

 

Secondly, compulsory education. Currently, major modes of compulsory education for disabled children are special education or normal classes. Guideline on the Development of Chinese Children (20102020) provides that the government shall promote special education, build one special education school in municipal cities or counties with a population no less than 300,000. The state shall enlarge the scale of disabled children studying in normal classes, special education classes in normal schools or boarding schools. The state shall improve the educational level of disabled children. Improving Plan of Special Education (20142016) co-published by the Minister of Education and the China Disabled Persons’ Federation (CDPF) states clearly that until 2016, the state popularizes compulsory education on the disabled teenagers. Compulsory education school attending rate overtakes 90% of school-age children who are blind, deaf-mute or mentally retarded.

 

Special education schools have achieved remarkable results since the new century. The central government has invested about 7.2 billion RMB to support mid-west areas building or rebuilding 1,182 special education schools with an unprecedented fund. Central special education subsidy rose from 2,000 to over 5,000 annually.²⁵ Meanwhile, in 2013, the types of schools where disabled children aged 6 to 17 attending were as follows: ordinary elementary school: 59.6%, ordinary secondary school: 23.7%, special education school: 8.9%, special classes in normal school: 0.1%, ordinary high school, 4.1%. Compared by the data in recent five years, proportion of ordinary secondary schools faced an increase.²⁶ According to the statistics, in 2013, the rate of disabled children receiving compulsory education aged 6 to 14 was 72.7%.

 

The state has achieved the results mentioned above, but there’s still a large gap compared with average level of receiving compulsory education of other children at appropriate ages.²⁷ Meanwhile, the main form of integrated education is studying with normal classes. However, there’s a gap in providing effective and reasonable aids and convenient institutions for disabled children under the requirement of Convention on the right of Persons with Disabilities. It is in a less ideal condition.

 

 

Disability may not be “cured ” mostly, but they may acquire functional recovery or compensation by rehabilitation to improve activity and self-care ability. Based on the importance of rehabilitation on the right to disabled persons, Chapter 2 of the Law of the People’s Republic of China on the Protection of Disabled Persons regulates rehabilitation, and clearly demands the state ensure the disabled persons the right to rehabilitation services. For disabled children, receiving adequate and effective rehabilitation services is a prerequisite for development and essential requirement. The right to rehabilitation also constitutes the core of development right of disabled children.

 

 

Currently, the state hasn’t promulgated special laws on rehabilitation services of the disabled persons, relevant rules are scattered in laws such as the Law of the People’s Republic of China on the Protection of Disabled Persons and Compulsory Education Law of the People’s Republic of China. Legislation on the right to rehabilitation services of disabled children was mainly seen in the Law of the People’s Republic of China on the Protection of Disabled Persons.

 

Chapter 2 of the Law on the Protection of Disabled Persons regulates responsibility subject, guideline principles, organization and execution, training of special rehabilitation professionals and auxiliary devices. Article 15 clearly regulates that the state shall ensure the disabled persons’ right to enjoy rehabilitation services. The people’s governments at all levels and relevant governments shall adopt measures to create favorable conditions for the rehabilitation of disabled persons, establish and improve disabled persons rehabilitation services system, carry out key rehabilitation projects in phases, help disabled persons to resume normal functions or compensate for lost functions, and enhance their ability to participate in social life. Article 16 regulates that on the guideline principles of rehabilitation services, the government shall give priority to the emergency treatment and rehabilitation of disabled children on crucial projects, which demonstrates the priority of receiving rehabilitation. Besides, Article 19 of Compulsory Education Law regulates specially the right to rehabilitation services of disabled children receiving compulsory education.

 

The Law on the Protection of Disabled Persons prioritizes rehabilitation, but these are only conceptual ideas in lack of accessibility instead of concrete measures. The guarantee of the right to rehabilitation of disabled children requires detailed regulations and laws.

 

 

According to the regulations on Law on the Protection of Disabled Persons, the state shall take measures of providing rehabilitation services funds and resources, make out and conduct policy documents and promote administrative legalization of rehabilitation services for disabled children to enjoy the right to rehabilitation services.

 

First, the state conducts regulations ensuring the right to rehabilitation of disabled children and set concrete policies and measures.

 

Currently, main documents of ensuring the right to rehabilitation of disabled children are Guideline on the Development of Chinese Children (20102020) and Opinions on the State Council promoting moderate prosperity of the Disabled Persons. According to the regulations of Guideline on the Development of Chinese Children (2010-2020) regulates improving emergency treatment of disabled children aged 0 to 6, improving rehabilitation aid system and services institutes of disabled children, build the registration system of disabled children, and giving subsidies under regulations based on basic requirements of rehabilitation of disabled children. The state shall put emergency treatment and rehabilitation in priority, improve specialty of rehabilitation institution of the services of disabled children, build rehabilitation system of disabled children under the core of special rehabilitation services and basis as communities and families, improve agency services of rehabilitation for disabled children, launch multilevel vocational and practical technical training, and improve self-management, social adaption and equal social participation. Opinions on the States Council Promoting Moderate Prosperity for the Disabled Persons provides clearly for building rehabilitation treatment system for disabled children to gradually realize services of free operation, auxiliary devices, and rehabilitation training. According to the requirements of Opinions on the States Council Promoting Moderate Prosperity of the Disabled Persons, all of the provinces, municipalities and autonomous regions have introduced relevant implementing opinions on guaranteeing the right to rehabilitation services of disabled children. 

 

By carrying out the above mentioned regulations of central and local governments, the state has given comprehensive guarantees on the right to rehabilitation of disabled children and achieved a remarkable result. For example, from 2011 to 2015, the central government invested 43.2 billion RMB for rehabilitation subsidy for 360,000 impoverished children of autism. In 2015, the state has launched rehabilitation for 31,000 hearing-impaired children, including newly recruited 19,000 hearing-impaired ones. The state has sponsored free cochlear implantation of 4,132 hearing-impaired children, free audiphones for 3,594 hearing-impaired children. The state has trained 42,000 parents of the hearing-impaired children and conducted aid projects, sponsoring 45,000 cerebral palsy children for rehabilitation training operating on 3,639 limb-impaired children, and sponsoring 73,000 intellectual impaired and 23,000 autism children for rehabilitation training.²⁸

 

Second, the state makes relevant administrative regulations on the right to rehabilitation service of disabled persons

 

To adapt to the need of guaranteeing the right to rehabilitation service of the disabled persons (including disabled children), Chinese government has been implementing regulations on preventing disability and rehabilitation for the disabled persons. In July, 2015, Regulations on Prevention of Disability and Rehabilitation of the Disabled Persons (Draft) (Opinions) regulates the contents of the rehabilitation services to the disabled, responsibility and guarantee measures. Passing these regulations would be a great significance to promoting the right to rehabilitation services of disabled children.

 

From the above-mentioned condition of guarantee on the right to education and rehabilitation, while the state achieve remarkable results in legalization, administrative guarantee in the development of disabled children, there are still deficiency in guaranteeing institution and implementation which requires improvement.

 

 

President Xi Jinping stated that “possessing a huge group of innovative youth is the energy of the state, and also the hope for development of technology.”²⁹, demonstrating the significance of depositing youth development. As one of the potential resources and basic elements of youth, the right to development of disabled children also needs innovative support and guarantee. Scholars such as Wu Pengfei and Guo Chunning discussed issues of the guarantee of the right to education and rehabilitation services of disabled children under the topic of special legislation such as Education Law of the Disabled Persons, Law on Special Education and Rehabilitation of the Disabled Persons. This essay will not repeat that.³⁰ Based on the obligations of human right protection, according to the above-mentioned conditions and problems in protection of the rights of disabled children in China, this essay aims to offer some improvement suggestions on implementing new ideas.

 

 

First, based on the principle of innovation, the state shall strengthen the training to normal schools and special education schools, improve teachers’ knowledge and techniques on special education, encourage pre-school and compulsory education schools and their teachers to innovate the textbooks, teaching modes and teaching atmosphere to ensure the right to education of disabled children fully. For example, studying in the normal classes is an integrated education mode with Chinese characters protecting the right to education of disabled children. To improve this situation and to fit to the requirement of “providing meaningful, efficient, and high-quality education” by the UNICEF committee, it requires innovation and effort of the faculty and schools. According to The Notice of Announcing the list of Pilot areas on nation special education reform by Office of the Ministry of Education, the Ministry of Education aims to build 37 municipalities (states) and counties (districts) including Beichen District, Tianjin, and requires these provinces (municipalities, districts) to give special support to the pilot areas in aspects of policies, funds and projects.³¹ Pilot areas on special education in China play a positive role and typical example for innovation and development of special education in China.

 

Second, based on coordinative and shared ideas, on one hand, the state must solve the problem of the imbalanced right to education of disabled children in rural and urban areas, give special care to disabled children in rural areas, and prioritize the issue of dealing with the guarantee of the right to education of disabled children in impoverished areas, thus to equalize public services of the right to education of disabled children among regions and between rural and urban areas. On the other hand, to guarantee the right of disabled children, the state shall build a multilevel system of the state, society, family and individuals, maximize the guarantee of the participation of disabled children for spiritual and cultural development.

 

Finally, based on the open idea, the state shall enhance educational communications with countries all over the world, open the door wider, and support the cause of education of developing countries. The state will make efforts with people all over the world to promote the human beings a better future.³² In detail, on one hand, the state shall promote international cooperation schemes of education for disabled children under the framework of CRC and Convention on the Right of Persons with Disables, demanding developed countries’ obligation of aiding. On the other hand, the state shall strictly carry out national obligations under Conventions on the Right of Persons with Disabilities. While enjoying China’s right to education of disabled children, the state may share the achievements in special education with developing countries, promote “technical and modern teaching modes” for a better development of the right to education of disabled children.

 

 

First, based on the innovative idea, the state shall make policies and favorable measures to encourage scientific and research personnel to launch projects preventing disability and innovative research and application in the field of rehabilitation, thus improve technical levels of prevention of disability and rehabilitation of the disabled persons, and provide higher-quality rehabilitation services for disabled children.

 

Second, based on the coordinative and shared ideas, on one hand, the state shall deal with the unbalance caused by urban-rural and regional development on the issue of the right to rehabilitation of disabled children, offer special protection of the right to rehabilitation services for disabled children in rural and impoverished areas. On the other hand, in the process of promulgating administrative regulations of rehabilitation of the persons with disability, the state shall give disabled children and their guardians opportunities to express their opinions to ensure they express their needs.

 

Third, based on the green idea, on one hand, the country shall attach importance to supervision of related vaccines, infant and baby food and other aspects of the rights of health and rehabilitation services for disabled children. The state shall punish crimes leading to the disability of children due to illegal operation and treatment. On the other hand, the state shall make effective management of drinking water, soil and other pollutions, punish severely the criminal behaviors of water, air and soil pollution eroding the environment, and prevent disabilities caused by environment pollution and provide a better basis for rehabilitation of disabled children.

 

Finally, based on the open idea, the state shall fully perform the obligations under Section 4 of Article 3 in the CRC, that is, States Parties shall promote, in the spirit of international co-operation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries. The state should launch international cooperation and exchanges on rehabilitation of the disabled persons. On one hand, the state learn from and view advanced experiences and practice of other countries on the right to rehabilitation such as the U.S., the U.K., Germany and other countries. On the other hand, the state shall strengthen and develop exchange and cooperation of rehabilitation of disabled children with developing countries, providing them aid on disability of prevention, services and rehabilitation, and equal opportunities.³³

 

Overall, under the guidance of the new development concept of innovation, coordination, opening and sharing, the state respects and satisfies individual differences and special needs of disabled children. The state ensures disabled children share the common achievement, realize the development right by legal actions on special education, rehabilitation services and guarantee, which is meaningful to carrying out the right to development for all the people. Therefore, in the future, ensuring the right of development of disabled children will be a crucial factor for the right to development in China.

 

* LIU Xuebin (刘雪斌), PH.D. in law, associate professor of Law School, Jilin University.

1. Qi Yanping ed., The Rights Protection of the Social Vulnerable Groups, Shandong People Press, 2006, at 1.

2. Wu Pengfei, Research on the Legal Protection of Children’s Human Rights in China, China Democratic and Legal Publishing House, 2015, at 122; Wang Xuemei, The Theory on Children’s Rights: A Preliminarily Comparative Research, Social Sciences Academic Press, 2005, at 211.

3. Philosophy Teaching and Research Department of the Party School of the CPC Central Committee, The Five Development Concepts—Innovation, Coordination, Green, Opening-up and Sharing, The Party School of the CPC Central Committee Publishing House, 2016, at 24.

4. Ibid.

5. See supra note 3, at 25.

6. Ibid. at 26.

7. “No.12 General Opinions of the Economic, Social and Cultural Rights Committee: The Right to Enough Food(the Article 11),” in Zhang Wei ed., International Human Rights Statements, China Fortune Press, 2013, at 52.

8. Xi Jinping, Xi Jinping’s Views on State Governance and Administration, Foreign Language Press, 2014, at 209.

9. Ibid., at 212.

10. Ibid., at 272.

11. See supra note 3, at 31.

12. Li Buyun, “The Scientific Connotation and Great Significance of the Right of Development,” Human Rights, Not. 4 (2015).

13. Hu Yuhong, The Rechtsphilosophie Account of Individuals, Shandong Renmin Press, 2008, at 505.

14. Wang Yongmin, The Research on the International Law on the Protection on Children’s Rights, China Law Press , 2010, at 25-28.

15. Wang Xigen, Wang Jinqi, “The Structure of the Legal Quota System of the Right to Development,” Wuhan University Journal of Philosophy and Social Science, No. 6 (2009).

16. Ibid.

17. M. Novak, “On the right to Education,” translated by Li Xiaojun, at 199, and “An Introduction,“ in A. Ade et al. eds., Economic, Social and Cultural rights , translated and edited by China Society for Human Rights Studies, Sichuan People’s Publishing House, 2004.

18. Ibid., at 205.

19. Ibid., at 199-200.

20. See spura note 7, at 58.

21. Ibid., at 208.

22. “Regulations on Prevention of Disability and Rehabilitation of the Disabled Persons (Draft) (Opinions)”.

23. Yoko Kazuma, An Introduction of Welfare Legislation in Japan, translated by Han Junling and Zou Wenxing, The Commercial Press, 2010, at 75.

24． “The China Disabled Persons' Federation (CDPF) in China: 2015 Commuinique of the Statistics on Development of the Disabled Persons in China (2016), No. 14.

25. Cheng Kai, “Operate A Fair, Inclusive and Qualified Special Education: Never Allow One Single Disabled Child Fall Behind--In Reflection on Several Questions of educational aims on conducting 2020 Agenda Sustainable Development, Contemporary Special Education (Higher Education), 2016.

26. “Testing Report of the Conditions and Moderate Prosperity Process of the Disabled Persons in 2013”.

28. Ibid.

29. Ibid., at 128.

30. Wu Pengfei , An analysis on Legalization Protection of the right of Chinese Children, China Democratic and Legislation Publishing House , 2015, at 137; Guo Chunning, An analysis on Legal Protection of the Disabled Persons under the Sight of Human Rights, China Labor, Social Protection Publishing House, 2014, at 168 -169.

31. “The Notice of Announcing the List of Pilot Areas on National Special Education Reform by Office of the Ministry of Education,” No.1, 2015.

32. See supra note 8, at 191.

33. See spura note 33, at 541.