Study on the challenges and protection of the right of children with disabilities to rehabilitation in China

• Author: XU Qiaoxian, LIU Wenjing
• Pages: 30-52

FRONTIERS OF LAW IN CHINA

VOL. 11 MARCH 2016 NO. 1

DOI 10.3868/s050-005-016-0004-9

FOCUS

DISABILITY RIGHTS IN CHINA AND IN THE WORLD

STUDY ON THE CHALLENGES AND PROTECTION OF THE RIGHT OF CHILDREN

WITH DISABILITIES TO REHABILITATION IN CHINA

XU Qiaoxian*, LIU Wenjing**

Abstract Obtaining effective rehabilitation and gaining access to full development

services are fundamental for children with disabilities to fully participate in society and

achieve social inclusion. A disabled child’s right to rehabilitation is specially protected

by law in China and internationally. Chinese law specifically provides that the State shall

ensure the enjoyment of the right of children with disabilities to rehabilitation services.

This study shows that in the last five years, the rehabilitation services for children with

disabilities are generally improved. But due to the incomplete protection mechanism, the

right of children with disabilities to rehabilitation still could not be fully realized. This

article concludes that the rehabilitation situation of children with disabilities in China

presents the general feature of lacking of opportunities and structural imbalance. The

Chinese government should take more responsibility to improve the rehabilitation

system for children with disabilities. Specifically, the Chinese government should

undertake the obligations as stated in the Convention on the Rights of the Child and

Convention on the Rights of Persons with Disabilities to provide rehabilitation services

for all children with disabilities. To ensure the effective implementation of the right of

children with different disabilities in different areas, China shall improve the

rehabilitation legal system, establish an urban-rural integral rehabilitation system,

enlarge financial invest and increase professional level of rehabilitation staff.

Keywords children with disabilities, right to rehabilitation services, China

INTRODUCTION ...................................................................................................................... 32

* (󲢍) Ph.D and Professor in disability law and policy, Nanjing Normal University of Special

Education, Nanjing 210038, China. Contact: xqx730823@sina.com

** (󰉜󳐮) Ph.D from School of Law, Renmin University of China, Beijing 100872, China. Contact:

wenjing2002@126.com

This article is funded by 󰤴󱾤󱏖󳞭󰓶󳙫󳐧󰈮󱓩󳕎󱏃 (The First Young and Middle-Aged

Teachers Study Abroad Project of Jiangsu Province); 󰤴󱾤󱏖󱠁󰏴333󳞭󰟶󱛠󲨙󳕎󱏃 [The

Fourth Session of “333” High-Level Personnel Project of Jiangsu Province (BRA2015420)]; 󰤴󱾤󱏖󳞭󰓶󳐧

󲆲󱛠󳕎󱏃 (The “Cyan and Blue” Project of Higher Education of Jiangsu Province).

2016] THE RIGHT OF CHILDREN WITH DISABILITIES TO REHABILITATION IN CHINA 31

I. CURRENT SITUATION OF REHABILITATION OF CHILDREN WITH DISABILITIES ........... 33

A. More Children with Visual Disability Receive Rehabilitation at Home................34

B. More Children with Hearing Disability Receive Hearing and Speech Training,

Family Rehabilitation Training, Medical Treatment and Deployment of

Assistive Devices ...................................................................................................34

C. More Children with Physical Disability Receive Corrective Operations, Assistive

Devices and Post-Operative Rehabilitation Training ...........................................37

D. More Children with Intellectual and Psychiatric Disabilities Receive

Rehabilitation Training in Professional Institutions............................................ 38

II. THE CHALLENGES TO REALIZE THE RIGHT OF CHILDREN WITH DISABILITIES TO

REHABILITATION ...................................................................................................... 39

A. Rehabilitation Service System Does Not Cover All Children with Different Types

and Grades of Disabilities according to the Bulletins of 2010–2014 ..................40

B. The Proportion of Children with Five Types of Disabilities Receiving

Rehabilitation Is Low according to the Bulletins of 2010–2014.......................... 40

C. Professional and Effective Rehabilitation Is Generally Insufficient for Children

with Disabilities ...................................................................................................41

D. Regional and Urban-Rural Disparities of Rehabilitation of Children with

Disabilities Are Significant ..................................................................................42

III. DETERMINANTS OF THE REALIZATION OF RIGHT OF CHILDREN WITH DISABILITIES

TO REHABILITATION ................................................................................................ 43

A. Legislation on the Protection of Right of Children with Disabilities to

Rehabilitation Is Not Complete...........................................................................43

B. Special Funds of the Government for Rehabilitation Services for Children with

Disabilities Are Insufficient ................................................................................44

C. The Quantity and Quality of Rehabilitation Professionals for Children with

Disabilities Are Woefully Inadequate.................................................................. 45

D. Rehabilitation Service System for Children with Disabilities Is Not Perfect .....46

IV. SUGGESTIONS ON IMPROVING PROTECTION MECHANISM TO REALIZE RIGHT OF

CHILDREN WITH DISABILITIES TO REHABILITATION................................................ 47

A. Improve the Legal System to Protect Right of Children with Disabilities to

Rehabilitation......................................................................................................47

B. Incorporate Rehabilitation Services for Children with Disabilities in the

Thirteenth Five-Year Plan, Expand Financial Assistance for Rehabilitation of

Children with Disabilities................................................................................... 48

C. Develop Human Resource in the Rehabilitation Profession and Promote

Rehabilitation Services for Children with Disabilities........................................49

D. Establish Urban-Rural Integral Rehabilitation Service Mechanism, Benefit

More Children with Disabilities in Rural Areas..................................................50

CONCLUSION.......................................................................................................................... 50