The People’s Republic of China Ryan, Michelle, Stacia, Brandon, Adrianne General Background Information Government— Chinese Communist Party President—HU Jintao Vice President—ZENG Qinghong Size—Total: 9,596,960 sq km Population—1.3 billion people (22% of total world population)
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Ryan, Michelle, Stacia, Brandon, Adrianne
Chapter IV – Employment
Article 27. [Responsibilities]
Article 28. [Guiding Principles]
Article 29. [Concentrative Employment]
Article 30. [Dispersed Employment]
Article 31. [Self-employment]
Article 32. [Rural Labour]
Article 33. [Preferential Treatment and Assistance]
Article 34. [Protection]
Article 35. [Training of Employees]
1947 -The President’s Committee on National Employ the Physically Handicapped Week was held in Washington, D.C. Publicity campaigns, coordinated by state and local committees, emphasized the competence of people with disabilities and used movie trailers, billboards, radio and television ads to convince the public that it was good business to hire the handicapped.Historical Steps Towards Limiting Employment Discrimination Under Law
These cases are ones in which our judicial system has narrowed the definition of who can make claims under the ADA and further defined terminology that may by broad and ambiguous. The outcomes in these instances may not be the favor of the plaintiff but they are still representative of the ability we have to voice our concerns in a legal manner.
Convention on the Rights of Person with Disabilities
Adopted 13 December 2006
“This Convention is a remarkable and forward-looking document. While it focuses on the rights and development of people with disabilities, it also speaks about our societies as a whole -- and about the need to enable every person to contribute to the best of their abilities and potential.”
Article 8 - Awareness-raising
Article 27 - Work and employment
Article 27 continued - Work and employment
Illusions of Equality
Law of the People's Republic of China onthe Protection of Disabled Persons (1990)
Article 52 [Administrative Punishment and Criminal Liability]:
.. Whoever refuses to perform his duty of fostering a disabled person who is unable to live independently, shall, if the circumstances are flagrant, or if he abandons such a disabled person, be investigated for criminal responsibility in accordance with the provisions of Article 183 of the Criminal Law.
Law of the People’s Republic of China on Crime
Whoever refuses his proper duty to support an aged person, minor, sick person or any other person who cannot live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
The affect of Communism on disability, seems to be far more progressive when compared to international laws. Society plays a much larger role, in responsibility of care for the individuals with disabilities; even to the extent that “society” specifically is mentioned in the text of the written laws. However, when taken into practice, there seems to be little found on actual implementation of the law.
Efforts have been made by the People’s Republic of China to identify strongly with the proletariat through elevating people with disabilities to hero status. For example, a blind peasant musician, Ah Bing, whose songs are now standard pieces in Chinese repertoire. Also, Tai Lihua, a deaf woman who dances with the China Disabled Person’s Art Troup. And Zhang Haidi, a woman who taught herself multiple languages and wrote papers. A prominent official was quoted as saying “"Learn from Zhang Haidi, be a Communist with revolutionary ideals, sound morals, good education and strong discipline!"
Since it is each person’s responsibility to provide care for a person with disabilities, if they are so chosen, it is the case that the quality of the care could be less than standard.
Since the government maintains such rigid standards to freedom of speech, there is little recourse for citizen’s whose rights have not been upheld.
People who are not considered productive to society have no track, and thus are at risk of becoming lost in the system, or put to mundane tasks.