Equal Access to Justice for Persons with Disabilities in China

Equal Access to Justice for Persons with Disabilities in China The information and designations used and the presentation of the material throughout this publication do not in any way imply the expression of an opinion on the part of the United Nations Development Programme or the United Nations System in China, concerning the legal status of any country, territory, city or area of its authorities, or concerning the delimitation of its frontiers or boundaries.

The presentation of the data and information contained in this publication, and the opinions expressed therein, do not necessarily reflect the position of the United Nations Development Programme or the United Nations System in China.

This publication has been translated into English. If there is any inconsistency or ambiguity between the English version and the Chinese version, the Chinese version shall prevail.

Foreword...... 1 Acknowledgements...... 2 Executive Summary...... 3 1. Research Topic and Methodology...... 7 1.1 Access to Justice for PWD...... 7 1.2 Literature Review...... 8 1.3 Research Methods...... 12 2. Legal Framework and Policy of Access to Justice for PWD...... 14 2.1 Legal Aid: A Crucial Component in Access to Justice for PWD...... 14 2.2 Institutional Framework of Legal Aid for PWD...... 17 2.2.1 Access to Legal Aid for PWD in Civil and Administrative Cases...... 18 2.2.2 Access to Criminal Legal Aid for PWD...... 18 2.3 Local Policy and Practice of Legal Aid for PWD ...... 19 2.3.1 Exploring Different Channels for Raising Awareness of Legal Aid for PWD...... 19 2.3.2 Extending the Coverage of Legal Aid for PWD...... 19 2.3.3 Strengthening Specialized Skills of Legal Aid Providers...... 20 2.3.4 Prioritizing Accessible Facilities and Support...... 20 3. Analysis of the Legal Needs of PWD...... 22 3.1 General Dispute Resolution of PWD...... 22 3.2 Legal Knowledge and Awareness of Legal Aid...... 24 3.3 Experience of PWD in Specific Cases...... 30 3.3.1 Limited Competence in Taking Legal Actions...... 31 3.3.2 Accessible Communication and Access to Timely and Effective Legal Aid in Criminal Cases...... 32 3.3.3 Equal Rights Issues Difficult to Resolve through Judicial Process...... 34 3.3.4 Frustration and Lack of Self-confidence Due to Social Discrimination and Prejudice...... 35 3.4 Gender Analysis of the Legal Needs of PWD...... 36 3.5 Accessibility Support and Reasonable Accommodation Throughout the Whole Judicial Process...... 40 4. Analysis of the Experience of Service Providers of Judicial Protection ...... 44 4.1 Lawyers and Legal Service Providers...... 44 4.2 Rights Protection Departments of DPFs and Community DPF Coordinators...... 46 4.3 Mediation as a Basic Channel and Significant Supplement to Legal Aid ...... 47 4.4 Positive Influence of Other Stakeholders...... 49 4.5 The Significance of Diverse Dispute Resolution Mechanisms and Legal Empowerment...... 50 5. Conclusions and Recommendations...... 54 5.1 Challenges of Equal Access to Justice for PWD from the Demand-Supply Dimension...... 54 5.2 Strategies of Promoting Equal Access to Justice for PWD...... 55 5.2.1 Improve the Legal System...... 55 5.2.2 Produce Understandable Legal Information...... 56 5.2.3 Raise Awareness and Build Confidence of the Rights-holders...... 57 5.2.4 Provide Accessible Legal Services...... 57 5.2.5 Ensure Accessibility Support and Reasonable Accommodation Throughout the Whole Judicial Process...... 58 Equal Access to Justice for Persons with Disabilities in China 1 ------Agi Veres Agi Country Director, UNDP China Country Director, Foreword Anniversary of the adoption of the groundbreaking UN Convention on on Anniversary UN Convention of the adoption of the groundbreaking th Among the first countries to ratify the CRPD, China has made remarkable progress in promot remarkable China has made progress the CRPD, ratify to countries the first Among is an alarming legal needs of persons with disabilities and actual the gap between ser There per barriers by faced and informational perceptional physical, report the legal, The delineates We for all. equality this report hope that and justice efforts serves joint towards as a call for We proactively disabilities, with persons of entitlements and rights the recognizing that believe of agents effective become them to them, and empowering by the obstacles faced removing important members of society will bringchange and productive that enormous are measures to all people in China – with or without disabilities. benefit velopment Goals (SDGs) of the 2030 Agenda for Sustainable Development came into force. force. came into Sustainable Development for Goals of the 2030 Agenda (SDGs) velopment amongst commonly are and 15% of the global population with disabilities constitute Persons development the into brought are disabilities with persons Unless poor. the of poorest the a serious 2030 will be challenge. the global goals by achieving mainstream, over of formulation the including disabilities, with persons of entitlements and rights the ing Nevertheless, of rights infringe disability in terms rights. safeguard to and regulations 60 laws being one of the Despite justice. to access limited persons with disabilities often have ment, in practice, primary in China, persons with disabilities are, beneficiaries of the legal aid system legal aid ser for targeted are that groups – of all the vulnerable group the most marginalized these from, benefit and receive, to likely least the of one are disabilities with persons vices, services. and what little is known causes of this gap, about the root Yet delivery vice practitioners. by the framework under In it. context, this forth redress practicalto brought be should solutions UNDP Programme, with Disabilities (UNPRPD) on the Rightsof the UN Partnership of Persons Institute Law and Development Interest Public University Wuhan with China collaborated collecting of both and analyzing empirical evidence undertake initiative, (PIDLI) to research a servicesthe demand and supply of legal persons with disabilities in China. for evidence-based it presents policy Furthermore, sons with disabilities duringlegal processes. effective the said barriers ensure a means to as remove comprehensively to recommendations persons with disabilities on an equal basis with others. for justice to access the Rights of Persons with Disabilities (CRPD), as well as the year when the 17 Sustainable De when the 17 as the year as well Disabilities (CRPD), with the Rights Persons of 2016 marks 10 the - - - - - Acknowledgements

sheng Public Interest and Service Center for Persons with Disabilities, Nanjing Disabled Per with Disabilities, Persons and Servicefor Interest Center sheng Public In addition, the report benefited Federation. Disabled Persons’ Wuhan and Federation, sons’ at members staff directwith disabilities, the persons participation from many of and insights Uni Wuhan of as the interns as well practitioners, and legal Organizations Disabled Persons’ UNDP Bishman from Angelina Institute and Ms. Law and Development Interest Public versity report. of the and layout the proofreading to China who contributed the concerted hope that efforts and solidarity underpinned that this reportWe marks im an persons with disabilities in Chi for justice to access the equal portant towards forwards step all our supportive to friends. you of a thank be the best form na– this would Ding Peng Wanhong, Main authors of the Report: Zhang James Chan, Jade Mali Mizutani Lo, Adrian Wu, Di Team: UNDP Project The research and drafting of this report supported Development was research Nations the United The by extend like to would We professionals. fellow many by and assisted and inspired Programme, Li Dr. Xiaohong, Fan Lawyer Wei, Gao Lawyer Hongling, Cao Lawyer to our deepest gratitude during the drafting offered comments their valuable Liu Jiajia for and Ms. Li Cheng Dr. Xuehui, Chen enabling the participation Ms. Jing for of the deaf communities, of this report; Cui Ms. held during the workshops several at interpretation language sign for Yi and Gong Wanzhen Huang Ms. and subtitles, of screening instant the for Qin Zhang Ms. research; the of course visual description services. for Shixin and Liu Hanxu support the tremendous to special thanks of Beijing Dong of this study owes fieldwork The 2

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 3 - - - accommodation throughout the whole the whole throughout accommodation judicial process. the rights-holder; Arguably, the provision of legal aid is the key the provision Arguably, objectives the within upholding these five to such of advantage The system. legal existing of ser a wide range it covers is that provision policy and includes strong institutions, vice The support service and sufficient providers. the legal needs to responds legal aid system restricted in some of PWD but is currently of the cases scope the limited due to areas validity of its legal bases, the low accepted, relevant capacities of and the inadequate legal departments agencies government and legal aid service. in providing clarify legal needs of PWD, the to In order a human rights perspec this study employs the subjective on experiences focusing tive, necessary accessibility Providing of PWD. 4) Accessible legal services; 4) Accessible 5) Support and reasonable of accessibility tribute to equal access to justice for PWD: PWD: for justice to equal access to tribute system; 1) A sound legal legal information; 2) Understandable of attitudes and positive awareness 3) Legal This study analyzes five key factorscon that five analyzes study This - - - - - New New of the of the 2 It is against this 1 Executive Summary Executive Convention on the Rights of Convention on the Rights of , which highlighted that, with that, , which highlighted as analytical tools and reference points, points, and reference as analytical tools ties undertaken the authors of this report have the current illuminate to empirical research when PWD face that and problems situation their and realizing justice seeking to access By exploring a number of prac basic rights. this report with concludes tical experiences, might that policyvarious recommendations herein. delineated rectify the problems Persons with Disabilities and China’s Law Law China’s and Disabilities with Persons of Persons with Disabili on the Protection United Nations Nations United 1. Information Office of the State Council, White Paper: New Progress in the Judicial Protection of Human Rights in China, Xinhua in the Judicial Protection New Progress Paper: White 1. Information Office Council, of the State Net, http://news.xinhuanet.com/politics/2016-09/12/c_1119549617.htm. Observations Concluding with Disabilities, on the Initial on the Rights2. See of Persons Committee Report by of China, adopted at its Eighth Session 2012), articles (17–28 September the Committee 23-24, CRPD/C/CHN/CO/1. In September 2016, the Chinese government In 2016, the Chinese government September rights, human on Paper White a issued Progress in the Judicial Protection of Human of Human Protection in the Judicial Progress in China Rights comprehensive of the the status regards in China, rule of law of the advancement safeguarding for the judicial mechanisms the robust, more become human rights have has become of legal aid available provision the impartial of jus administration stronger, tice has been upheld, and civil rights have have and civil rights has been upheld, tice protected. been forcefully backdrop that the United Nations Develop Nations the United that backdrop ment Programme has partnered with Wuhan Wuhan has partnered with Programme ment Development and Interest Public University Institute East-Lake Wuhan Institute and Law further to explore Social Advancement for disabili with persons which to extent the navigate effectively China can in (PWD) ties Article Using the judicial system. 13 ------key role in providing legal aid services in providing to key role important are areas there However, PWD. of their knowl in terms improvement for edge and awareness about disabilityand edge and awareness equality. (DPF) Federation of the Disabled Persons’ an importantcan play and coor liaising community-level the while role, dinating in potential wield great DPF coordinators legal advocates. grassroots becoming a necessary are and social organizations, legal the government-led to complement support media, The the of system. aid can also be sig- family and social workers in specific cases. nificant stricts the judicial their ability navigate to their realize to order in effectively system underminesrights and also human their ex already their to adds and confidence isting dismay. other groups, to compared PWD, for tice sup accessibility greater provide to is accommodations port reasonable and judicial process. the whole throughout • Lawyers and legal service workers play a servicea legal and play Lawyers • workers • Local departments• Local jurisdiction under the • Otheras universities such stakeholders, • The key to achieving equal access to jus to access equal achieving to key The • With regards the delivery of justice, this this deliverythe of justice, regards With the importance study emphasizes of diverse mechanisms – especially resolution dispute and ju mediation” “people’s of the areas in methods constitute These dicial mediation. social devel the rule of law, for a microcosm Additionally, and individual rights. opment “legal empow use the the legal professionals partner to with local social erment strategy” There are disparities between the experiences experiences the between disparities are There of legal aid service and practitioners, providers study found This and the legal needs of PWD. that: ------pacity is restricted. use legal services when their rights are use legal services their rights are when infringed. lack of knowledgeand the general about legal aid services. free placed disabilities and others who are their legal ca under adult guardianship, gal aid for persons with visual, hearing, hearing, persons with visual, for gal aid is there impairments, speech and mental and timely supporta lack of effective in - accessi and information communication bility. pairments, if and when they face discrim- if and when they face pairments, transportation, of realms the in ination they cannot and employment, education equality. for resort the judicial system to able to rights infringement and have less rights infringement and have able to justice. to access critically re all PWD face that prejudice • In the process of providing criminal le of providing • In the process • Limited legal knowledge, an inability to an inability legal knowledge, • Limited to legal services, of current • Unaffordability and intellectual persons with mental • For • For persons with physical or visual im physical persons with • For • Women with disabilities are more vulner more with disabilities are Women • • Continuous social discrimination and social discrimination and • Continuous cess to legal information, awareness of legal legal of awareness legal information, to cess services, the use of legal to takingaid, legal disputes. action the ability and resolve to by faced the challenges During this process, PWD include: support and reasonable accommodation, support accommodation, reasonable and own subjects’ the for allow to aims study this In as possible. as much resonate to voices the account into this study takes addition, types of different with persons of needs perspective is a gendered disabilities and the research. throughout reflected strongly of PWD experience on the study focuses This ac from all aspects justice, in of accessing 4

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 5 ------spectives in research, and ensuring the and ensuring the spectives in research, agencyparticipants of PWD through supportaccessibility ac and reasonable commodations. internal work protocols. protocols. work internal practitioners. legal for accessibility for resources more mobilize support- accommoda and reasonable PWD. tions in legal aid for ings (DET) and oth aid providers legal for trainings. er professional during service and incorporat provision, such as ing support professionals from language and sign judicial social workers interpreters. res dispute uses diverse that approach with PWD, work olution mechanisms to cases not only their individual such that their capac but also that can be resolved, be can in a rights-based life ity thrive to increased. mainstreaming disability in state budget disability in state mainstreaming support social mobilizing more ing and equally. justice access PWD to for • Mainstreaming equality• Mainstreaming and rights per • Ensuring of the agency accessibility itself. the in disability to sensitivity Improving • tailor-designed are that DETs • Organizing with other stakeholders to • Collaborating • Participating in Disability Equality Train Equality Disability in Participating • • Ensuring accessible communication communication • Ensuring accessible “legal empowerment” an overall • Adopting • In collaboration with other stakeholders, stakeholders, with other • In collaboration 5) For researchers: 5) For 4) For legal agencies: 4) For 3) For legal aid providers: 3) For ------. , and and the and the Legal Aid Detention Facility’s Law Detention Facility’s . General Rules of Civil Law and the Anti-Domestic Violence Law Anti-Domestic Violence PWD in legislation, such as the PWD in legislation, the needs of PWD. and express supporting empowerment, and building the capacity of community DPF coordina Law “commu as and community leaders tors, nity legal advocates”. PWD in collabora for public education tion with other stakeholders. PWD in the viding legal aid services PWD. for or needs of PWD in the implementation litiga of existing interpretation judicial such and laws law, tion and procedural as Charity Law encouraging societal participationencouraging in pro • Stipulating specific provisions that target target that specific provisions • Stipulating participatory • Using assess methods to and legal public legal education Through • • Innovating the content and forms of legal and forms the content • Innovating • Confirming the equal legal capacity of the equal legal capacity• Confirming of the consideration greater into Taking • 2) For DPFs and other disabled persons’ or- persons’ disabled and other DPFs For 2) (DPOs): ganizations 1) For legislation and policy legislation makers: 1) For sented in conjunction with evidence-basedsented for and policy recommendations legislative includes: This various stakeholders. This study concludes by advancing five major five advancing by study concludes This for justice to access equal fostering factors for pre factorsThese are people with disabilities. workers, volunteers, community paralegals/ volunteers, workers, diverse other and advocates legal grassroots equality and fostering with the aim of forces partnershipsThese are PWD. “lawyering with” justice to equal access advancing for decisive development. rights-based and realizing - 7) For family members, friends and volun friends family members, 7) For teers: friends members and family of PWD, • As learning and sharing basic legal knowledge, and taking actionsencouraging with PWD, supportof each at PWD and providing for equal an on justice accessing of stages the basis. - train participating related in volunteers, As • perspectives equality rights using and ings, work, legal knowledge, at disseminating needs of PWD and the diverse identifying support. accessible providing - - - reporting about access to justice issues issues justice to reporting access about their self-agency with respect to PWD, for portrayingthan as victimsPWD rather or of aid. recipients passive pro to including new media channels, vide legal information (especially legal (especially legal vide legal information per understand for is easier to aid) that types of disabilities. sons with different persons with different types of disabilities types disabilities of different with persons practices. in legal various stakeholders. evidence-based policy more ad provide vocacy recommendations. • Adopting an equality perspective when an equality perspective when • Adopting media, and using accessible • Developing • Paying attention to the different needs of the different to attention • Paying DET • Exploring for models and improving stakeholders to with other • Collaborating 6) For media: 6) For 6

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 7 ------

3 . ognition of basic rights in legislation, en of basic rights in legislation, ognition and the and judicial practices, forcement featur institutions legal of establishment and checks and balances, ing cooperation the building of judicial supervisory proce of equal public ser the provision dures, and the the inclusion of social forces, vices, It is also a justice. of informal recognition of the basic princi direct representation with the in accordance “promoting ple of the into rights human including and law, under the stipulated of rule of law” terrain Action Plan (2016-2020) Human Rights accommodation throughout the whole the whole throughout accommodation judicial process. the rights-holder; the provision of procedural and age-appro and procedural of the provision facilitate to in order accommodations, priate direct and indirect par- as role their effective and in all witnesses, including as ticipants, investigative at including proceedings, legal and other preliminary “ stages. There has been a profound historical pro historical has been a profound There of the connotations in and an evolution cess provision. of this the emergence rights before justice to the access that argues research This aspects: the following PWD involves for the rec including 1) A sound legal system, 4) Accessible legal services; 4) Accessible 5) Support and reasonable of accessibility 2) Understandable legal information; of attitudes and positive awareness 3) Legal - - - - - Rights of Rights of

, “persons , “persons Convention of the Convention

“ State parties shall ensure effective access parties“ State access effective shall ensure an on disabilities with persons for justice to through including others, with basis equal 3. Information National Human Rights Officeof China (2016-2020), Xinhua Net, http://news. Action Plan Council, of the State xinhuanet.com/politics/2016-09/29/c_129305934.htm. gards PWD, we refer to the ways that PWD PWD that the ways to refer we PWD, gards participate, an equal on should be able to and informal in the formal basis with others, receive seek just remedies, judicial systems, other legal functions fair trials and exercise serving jury).as a on (such or witnesses as realize actions to PWD These allow should are rights that and universal the fundamental them. Indeed, access to and integral inherent an is a human right – it guarantees justice to a in people of rights the for relief essential justice to access The law. by society governed in the CRPD under is expounded PWD for 1, Article 13: Provision 1.1 Access to Justice for PWD Justice to 1.1 Access with re justice” to “access discussing When

According to the to According 1. Research Topic and Methodology and Topic 1. Research PersonsDisabilities with (CRPD) who those include disabilities”(PWD) with intellectual mental, physical, long-term have or sensory when en impairments which, fullfill not may barriers, various countering participation effective and full society in their is “Disability” with others. on an equal basis the from it results and concept an evolving persons with impair between interaction and environmental and the attitudinal ments effective and full their hinders barriersthat participation in society on an equal basis Disability be under should also with others. parta hu as and stood diversity human of manity. ------is CRPD 4 1.2 Literature Review 1.2 Literature jus to on the access In literature the current information abundant is there PWD, for tice – knowledge servicelegal and on providers and particularly laws existing of the account “typ official on legal aid, official data policies, media coverage and mainstream ical cases”, and pub with Disabilities” of Persons “Day on Converse on legal information. lic education PWD as demanders regarding information ly, of legal services is scarce. a number of pre On the legal needs of PWD, liminary review can be made by conclusions include: 1) These literature. ing the existing in the significant the legal needs of PWD are land and dem of marriage and family, areas and rights in- fraud, olition, employment, jor ways to ensure that all human rights must all human rights that ensure to jor ways It the particular also highlights be realized. this in realizing PWD challenges confronting for justice to access the Second, right. basic re should not be they that PWD signifies of ben recipients passive as merely garded equal but rather the legal system, efits from participants partners and interactive of the an equal basis with on should, They systems. legal professionals become be able to others, lawyers and prosecutors, judges, as such – jurors”, “people’s – and serve as witnesses, It is only through supervisors”. “people’s and such participation PWD can make their that and exert justice their to contributions own of pertinent on the transformations influence policies and laws. other key conventions on human rights. The The human rights. on conventions other key in the justice” to “access of initial use but a further the standards on specification the in inhabiting people for rights human of of the ma and one society, civilized current ------issu Universal and multiple and multiple by the General Office Commu the General of the by 4. Stephanie Ortoleva, Inaccessible Justice: Human Rights, Persons with Disabilities and the Legal System, ILSA Journal of JournalILSA of System, Ortoleva, Legal the Stephanie and 4. with Disabilities Inaccessible Persons Rights, Justice: Human Justice and the UN Convention to Disabled Justice? Access 297, 2011; Eilionoir Flynn, 17, No. Vol. International Law, & Comparative 47-48. 2015, p.13-20, Ashgate, with Disabilities, on the Rights Persons of ance of Opinions on Perfecting the Legal Aid Aid Legal the Perfecting on Opinions of ance System Among those mentioned above, legal aid is a legal aid above, mentioned those Among the government, by legal servicefree offered part the people in all integral and is an for their basic modern realizing societies in for an elementaryrights and requirement In the 2015, justice. to gaining access nist Party of China and the General Office General of the and Party China nist of markedthe new opportuni Council the State legal aid in China characterize would ties that ministries Central development. its during including the Ministry – and commissions of the Ministryand Justice Security of Public as Congresses People’s provincial most as well en – are organs and judicial administrative and perfectiongaged with the revision of the and practices pertinent systems legal aid. to progress, this Itdespite that noted be should PWD is for legal aid and justice to the access multiple challenges. by still predominated of voice the barriers, various existing Due to policies public influenced yet not has PWD and judicial practices effectively. this research account, all of these into Taking the actual situations uncover to attempts justice to access the in encounter PWD that sociology using the methodology of legal places with a rights-based perspective that It also aims emphasis on the agency of PWD. practi for recommendations feasible offer to tioners on policy making and capacity- build ing. should be highlighted. additional points Two based PWD are to entitled the rights First, of be the dignity on and freedom foremost is not a justice to access Their ing human. right. unique or exclusive newly established, the back to it can be traced Rather, Rights Declaration of Human 8

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 9 - - - - Under Under 8 reviews of of reviews 9 11 . Taking this further, the the further, this Taking . CRPD and specific examination of rights rights of examination specific and 10 potential in participating in potential in society. cases, protection for PWD in custody. PWD in custody. for protection cifically, the domestic research available ap available research domestic the cifically, in several presented be sporadically pears to dissertations academic journals and Master’s summaries of general form – mainly in the practices, policies and of current the influence of these mainstream services, services, mainstream these of influence the in expressing with difficulties beset PWD are legal also obtaining demands and their legal services. spe PWD more legal aid for On the issue of Currently, the majority of research on the le the majority of research Currently, rigor gal needs of PWD lack the conceptual and emphasis on equality advo was that the in cated research on the legal issues relevant to PWD to on the legal issues relevant research and “peculiarity” ideas of by is constrained characterized PWD are whereby “complexity”, and “impairments” their by first and foremost ------3) medical rehabilita 6 2) from the perspective the 2) from 5 Yet, most of the institutions most of the institutions Yet, 7 offering public services offering as rehabilitation, such in the ar work that social organizations are and nursing, rehabilitation care, elderly of eas In these institutions effect, housekeeping. of as instead PWD as elders or patients treat on focus to tend They persons. integrated their the impairments of PWD and overlook 5. Wang Changhong, The Protection of Rights and Interests of Employees with Disabilities Should Be Strengthened -- Research -- Research with Disabilities Should Be Strengthened of Rights of Employees and Interests Protection The Changhong, Wang 5. Chen Mingyi, Beihong, Yu 2, 2007; Vol. China Staff Education, with Disabilities in Beijing, Report Needs of Persons Legal on Current Province, City of Fujian with Disabilities in Fuzhou Persons for Policies and Preferential Aid on Legal Go? Research to Where 3, 2003. Vol. Disability in China, Demands, Community Legal of Northwest Rural Disabled Persons’ An Empirical on the Influence Research Factors Yueling, 6. Li on Research Xuelan, Shiping and Feng May 2009; Feng Shiping, Lanzhou University Master Dissertation, instructed Feng by Gansuof Disabilitywith Areas Rural in CommunityPersons -- Service Northwestin Disabilities with Areas Rural Persons of Needs for Strategy Service on Legal Research and its Preferred 1, 2012; Li Hongying, Vol. Disability as an Example, Research, Province Master Science and Law with Disabilities in Community -- Shanghai City East China Universityof Political as an Example, Persons Dissertation, April 2013. The SecondThe China National Sample Survey on Disability University, of Peking Office Research 7. and Institute of Population 2008, pages 196 -197; See also House, Huaxia Publishing Second National Sample Survey on Disabled People, Statistics of China’s Survey Studies in Renmin Report University, and the School of Sociology and Population on Federation Beijing Disabled Persons’ Disabled Service 2009, http://www.bdpf.org.cn/zwpd/llyj/zys/c15885/content.html. Demand, Beijing’s Persons Information Electronic for Talang with Disabilities, Challenges of Home Rehabilitation Service8. Zhang Jinming, Persons for July 2016. 1, Vol. with Disabilities, example, For schools. law from are a few federations, or disabled persons’ official legal aid organs from 9. Most of the authors are Present 11, 2010; Dai Dongguang, Vol. Weekly, Market with Disabilities, Persons for Work Aid in Legal Well Do to How Zhao Xiaozhi, Yanhua, Meng2012; 5, Vol. Disabilityin China, with Disabilities, of Persons Protection Legal of Strategies and Problems Situation, The Lijun, Wang 7. 2012; Vol. Rencai Ziyuan Kaifa, Disabilities in Henan Province, with Persons Thinking Aid for of Legal and Practice 1, 2014, etc. Vol. Scientific Chinese, with Disabilities, Importance Persons Aid for of Legal ed., Wanhong, in Zhang Review, and Case Framework with Disabilities: Legal Persons Justice for to Access Equal 10. Ding Peng, Selection ed., of Wuguang, and Jia 2015; Bo Shaoye 1, Social Press, Sciences Academic 2, No. Vol. “Disability Rights Studies in China”, 2007. China Braille Press, with Disabilities in China, the Rights of Persons on Protecting Cases ed., Wanhong, Zhang in of Pre-trial Detainees with Disabilities, RightsGuide on Protection Peng, Ding and Wanhong Zhang 11. 2016. 2, Social Press, Sciences Academic 2, No. Vol. “Disability Rights Studies in China”, fringement by guardians, and they oftenthey and lack guardians, by fringement legal knowledge of the understanding and of action; limitation of community-based public services, public provid community-based of equal services legal defending and free ing important equally PWD are as ed rights for for rehabilitation and employment, ucation, and employment education, Moreover, PWD. the needs of PWD in ru often inform income certain for services legal areas ral le – such as legal representation, drafting, gal documents and criminal defense; tion, assistive devices, poverty are alleviation devices, tion, assistive direct and apparent as the more regarded while legal demands are demands of PWD, not so obvious. - - - The The ex 17 can critically point can criticallypoint there is still a long a long is still there few have broached broached have few 16 19

CRPD 18 the topics of “accessibility” and “reasonable “reasonable and “accessibility” of the topics Moreover, except for one researcher with with researcher one for except Moreover, under the Center Aid Legal the National Ministry the that who has argued of Justice of legal aid services necessarily improvement various barrierscharacterize that addresses disabilities, different though the Ministrythough the called for of Justice learn from to sectorslegal aid nationwide Yunnan District, of Panlong the example services to “barrier-free” in offering Province, earlyPWD as as 2007, quainted with the quainted construction the social of PWD out that, PWD of self-identification the with together dis that the stereotype create themselves, and “dependent” “poor”, are abled persons In of the protection the true effect, “needy”. denying by rights of PWD is compromised their agency in decision-making and treating objects passive them as of charity. way for both researchers and practitioners and practitioners both researchers for way In the aforementioned this. go in realizing to ac who are researchers only a few literature, ample of Taiwan can be used as a reference: used as a reference: can be Taiwan ample of Article on the Protection Law 74 under the that prescribes Disabilities with of Persons the in legal issues, should PWD be involved of the the cause media shall not attribute of the illness or other disabilities to incident partiesthe concerned if the court does not incident the cause of the that make a verdict of the the illness or other disabilities is due to parties.concerned - - - Al 15

12 13 “Disabled persons always feel depressed depressed feel always persons “Disabled by affected are they when and inferior, and often are they outside, from the pressures hostility react with inclined to and revenge. would they services, seeking legal of Instead either enduring them extremists by become or taking revenge.” “As disabled persons are discriminated discriminated disabled persons are “As suffer they always against for a long time, and mental malfunction. depression from their behaviors it gets unbearable, Once shockingeither become - they would would and paranoid extremely sensitive become the disregard during the litigation process, rules of the court nothing but blame and do - unreason behave or they would and accuse, making for the bai it hard act up, even ably, liff to take compulsive measures and for the and for the measures compulsive take liff to conclusion.” any drive judge to “Disabled persons are prone to have extreme have to “Disabled prone persons are views about society the they are because mutilated, mentally closed and physically with communicate to them for hard is it and lawyers.” This research finds that the deep-rooted the deep-rooted finds that research This especially in discrimination against PWD, “inherent their of defining PWD only by terms is also shared “abnormalities”, and defects” legal aid. practitionersby who provide 12. Wang Lijun, The Importance of Legal Aid for Persons with Disabilities, Scientific Chinese, Vol. 1, 2014. Vol. Scientific Chinese, with Disabilities, ImportanceThe Persons Aid for of Legal Lijun, Wang 12. Humanities & Social Sciences Aid System, Journal of Hainan University, Legal on Disabled Persons’ Research and others, Yang Tao 13. 3, 2016. Vol. Court, Level Xincheng Analysis of a Basic with Disabilities: Case Persons to On the Judicial Assistance Yujuan, and Qiu Yunfeng 14. Li on 1 October Accessed 2011. Court of Xi’an City Net, http://sxxcfy.chinacourt.org/public/detail.php?id=148. participatory (DET) the author’s observationTraining 15. From Disability on several Equality of this project. with Disabilities, Persons Aid for Legal Experience of Strengthening 16. Ministry the Panlong from Notice on Learning of Justice, 8, 20 May 2007. Page Daily, Legal 7, 2015. Vol. Exchange, Academic with Disabilities, of Persons Protection of Legal Trend 17. Zhao Shukun, Issues and Research at http://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=D0050046. text can be found of this law 18. Full 11, 2014. Vol. Justice of China, with Disabilities, Persons Aid for on Legal and Advice 19. Xia Hui, Problems tion is paid to the role of external “barriers” “barriers” of external the role to tion is paid example: For PWD. by faced even “inherent deficiencies”. Here, little atten little Here, deficiencies”. “inherent even 10

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 11 ------it can be be it can 30 indigenous indigenous 26 women and children children and women 27 witnesses and jurors with with jurors and witnesses 28 in judicial proceedings. Given Given proceedings. in judicial 29 the deaf community, community, the deaf 25 anticipated that more research will emerge will emerge research more that anticipated de and rights human of intersection the in velopment. jus to the access with regards summarize, To is Chinese literature the current PWD, for tice and seldom in empiricalinsufficient research a rights-based perspective. incorporates number of in-depth is a limited explo There of the case the rich experience into rations handling departments, aid organiza legal departmentstions and the rights-protection disabilities disabilities abilities, abilities, that “access to justice” constitutes an essen constitutes justice” to “access that tial part of Goal 16 of the UN Sustainable tial part of GoalSustainable 16 of the UN “promote Goals (2015-2030) Development sustain societies for and inclusive peaceful justice to access provide able development, and accountable, all and build effective, for all levels”, at institutions inclusive disabled persons, persons, disabled with disabilities, disabilities, with ; - - - - as 24 CRPD surveys 22 monographic monographic 23 Section and 4.5 of 3.3, 3.5 20 guiding documents issued by international international issued by guiding documents on legal needs carried out at the national on legal needs carried the national at out particularlyand PWD that out level, pointing legal issues than encounter likely to more are groups; other vulnerable cess to justice, the establishment of rule of of rule of the establishment justice, to cess of poverty; and the alleviation law organizations such as the UNDP on the ac such as organizations In the international community, the topic of of topic the community, In the international to access their and PWD of needs legal the re Pertinent novel. relatively also is justice this report argue that in the existing cases on cases this report the existing in that argue service of PWD, of the rights the protection the per lack and journalists may providers spective of equality and accessibility. explorations comprehensive include search based on the justice” to “access on the 20. During the early stage of legal aid in China, such as the brief of legal aid work for persons with disabilities from 1996 to 1998, 1996 to 20. During the early persons with disabilities from brief stage of legal aid in China, such as the work of legal aid for priorities” “three practice, such as door-to-door current some good practice still useful for service, and they had been developed are setting up networkservice, the information), disseminate language to extensive legal popularization use of sign (including the include the perspective of accessibility it still takes to in a long process However, etc. the whole rural community, which covers Humans -- Review but Sensitive Service Law of the Disability Severe Legal of Yu, above-mentioned experience in practice. See Du 3, 1999. Vol. 2, Vol. 2), Disability Part 1 and (Part in China, Years Two the Past 2015. Ashgate, 21. with Disabilities, on the Rights of Persons Convention Justice and the UN to Disabled Justice? Access Eilionoir Flynn, with persons reportsother its and 2004, for justice September 3 to access on the Justice, to Access on Note Practice UNDP, 22. 2013. Justice, to Judicial Integrity Enhanced Access such as Strengthening and minorities, through women, disabilities, Survey: Needs, Justice And Legal Australia-Wide to Access Legal Need in Australia, and others, 23. Christine Legal Coumarelos 2012. 7, August Volume Interactions with the Criminal People's on Disabled Perspectives Justice: Geographical to Spacing Access Edwards, 24. Claire Access of Australia, Council Law The 2013; 45, Issue 3, pages 307–313, September Volume Area, Victims of Crime, as Justice System Access Fair Talbot, Jenny 2013, https://www.lawcouncil.asn.au, with Disability, People for Justice in the Criminalto Justice System in the Criminal Courts, Defendants 2012, http://www.prisonreformtrust.org.uk/portals/0/ Vulnerable Justice? Supportto for documents/fairaccesstojustice.pdf. http://www. Justice, to Impairment,Access Need and and Sophie Clarke, Cognitive Legal Forell Suzie Abigail Gray, 25. 2009. lawfoundation.net.au/ljf/site/articleIDs/2EDD47C8AEB2BB36CA25756F0018AFE0/$file/JI10_Cognitive_impairment.pdf, 2000, http://www.justice.gc.ca/ Languages, on Signed Focus in Nunavut: Deaf Persons Justice for to 26. Jamie MacDougall, Access eng/rp-pr/aj-ja/rr00_17/rr00_17.pdf. with Disabilities: Key Indigenous Issues and Opportunities, University Persons Justice for Columbia to Access Pollack, 27. Carol 2014. http://dx.doi.org/10.7916/D8V986ZZ, Commons, Academic Northern with Disabilities in Post-conflict Women of Case The Justice: to of Access Tenet A Aid, Mafabi, Legal 28. Dorah Caroline with Disabilities: An Women Against Violence - A Report Sisters Ortoleva, on 2014; Stephanie Forgotten Uganda, www.pilac.ac.ug, 104-2012. No. NortheasternOverview and Consequences, Causes Paper Scope, University Research School of Law of its Nature, with Mental Cases, Disabilities in SexualWitnesses Assault Justice for to the Stand: Access Taking 29. Janine Benedet, Isabel Grant, 2012). 50, Issue 1 (Fall Volume Journal, Osgoode Hall Law 30. http://www.un.org/sustainabledevelopment/zh/peace-justice/. 21 accommodation”. studies on the access to equal protection equal protection to studies on the access PWD in criminaljustice, and fair trial for well as particularas participation the on well focus or intellectual dis of persons with mental ------http://www. ( Canjiren Jiayuan Net Jiayuan Canjiren ), in news reports and research papers. reportsin news research and 33 by the Supreme People’s Court,cases select People’s the Supreme by ed as the “Top10 Legal Aid Cases for Persons Persons for Cases Aid Legal “Top10 ed as the as oth as well in H Province, with Disabilities” pertinenter websites on monographic cases and The quantitative research is mainly based on is mainly based research quantitative The out among PWD handed 529 questionnaires and Beijing April between Nanjing, Wuhan, in were questionnaires The and June in 2016. community local DPF coor by distributed dinators or facilitators, and the interviewed interviewed and the or facilitators, dinators defined persons were families with disabled question The sampling. purposive through filled out in the households of were naires the communitycenter, or at the respondents nec provide would volunteers and trained services “read-out” essary support – such as help them complete to the respondents – to condi the research As the questionnaires. most of the respondents limited, tions were increase to Moreover, urban residents. were had some respondents the likelihood that the of knowledgeform needs, of their legal the re that method prescribed sampling of age. least 18 years be at would spondents characteristics of the demographic Therefore, the statistics from different the sampling are Sample Survey National Second on China’s of of degree of age, terms in People Disabled (see employment marriage status, disability, 1), and proportion of the types of dis Table 11). ability (see Figure

- - - - - 31 Practically, the the Practically, 32 , etc. , etc. ) 31. Cross identities here could include more factors such as age, ethnicity, religion, sexual orientation and gender expression, etc. etc. sexual orientation and gender expression, religion, ethnicity, factors such as age, could include more identities here 31. Cross of persons with equal protection Action Movement, Affirmative of China’s that as the development noted 32. Some authors have Efficiency“Giving Priority to with Due Consideration raise the question against the general policy may that in particular, disabilities, Rights Equal and Legal Tian, Reform Yan of anti-discrimination See reform. law model” “constitutional a and lead to Fairness” to 2016, the preamble. University Press, Tsinghua Change in China, Aid Net (http://www.chinalegalaid.gov.cn/ China Legal collected cases from example, 33. For cjrj.org/ 1.3 Research Methods 1.3 Research and quan qualitative combines research The titative research methods. The qualitative qualitative The methods. research titative participatory includes interviews, research interview The observations studies. case and hearing 20 persons with include around ees community DPF coor a dozen impairments, - doz a and disabilities, physical with dinators and Beijing. Nanjing, Wuhan, from en lawyers Participatoryobservations place take mainly (DETs) Trainings Disability Equalityin the five and Nanjing, in Beijing, legal aid providers for of case studies include sources The Wuhan. which to the institution inquiries handled by open for the websites belong, the researchers typical cases published judicial documents, of the Disabled Persons’ Federation (DPF), (DPF), Federation Persons’ Disabled the of of experiences different the on as well as and genders. various disabilities PWD with existing research fails to provide constructive constructive provide fails to research existing enhance to on strategies recommendations PWD. for justice to the access Theoretically, these studies have not suffi studies have these Theoretically, the impacts analyzed the access ciently that PWD can exert on building a so for justice to ciety and achieving on the rule of law based (including but not individual development poverty effective and alleviation), to limited on anti-dis- movements the profounder how equal rights can influence crimination and systems. legal current the 12

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 13 Sampling data of the research Sampling data Male 52.5%; Female47.5% 0-18, 1%; 19-40, 24%; 41-60, 54%; 21% 60 and above, Severe disabilities of Level 1 &2, of Level disabilities Severe 40.2% Unmarried 24.6%; Married 61.3% Urban PWD never employed employed Urban PWD never 19.8%, 25.7%, unemployed 36.8% 17.8%, retired employed in the four Disability Equality Trainings (DETs) (DETs) Trainings Disability Equality four the in aims to analysis The legal aid providers. for of equipping legal the effectiveness illustrate aid service stakeholders and other providers of issues the of understanding better a with participa through (in)equality PWD face that - tory methods. and inclusive - - - - - The statistics of the second China China of the second statistics The national sample survey sample national on disability Male 51.5%; Female 48.5% Male 51.5%; Female 0-14, 4.7%; 15-59, 42.1%; 53.2% 60 and above, Severe disabilities of Level 1, 2, 29.6% of Level disabilities Severe Unmarried 12.4%; Married 60.8% Urban employed PWD 38.7% Urban employed Age ratio Age Gender ratio Employment Employment Marriage status Level of disability Level Table 1: Demographic characteristics of quantitative research sampling in the research in the sampling research of quantitative characteristics 1: Demographic Table tive data by describing the sample and illus and sample the describing by data tive the legal needs and pertinenttrating expe to as so groups, disabled specific of riences Additional research. support qualitative the com a includes research quantitative the ly, and post-training of the pre analysis parative than 70 respondents more for questionnaires Thus, the research will analyze the quantita will analyze the research Thus, ------, . At a cursory glance, access a cursory access . At glance, Human Rights Brief, Volume 19, Issue 2, 2012 Volume Human Rights Brief, CRPD ; to justice, especially legal aid, for PWD may PWD may for especially legal aid, justice, to right. procedural a exclusively be appear to it is actually with other inseparable However, Securing rehabili better rights. substantive cial rights, and cultural rights of individuals, rights of individuals, and cultural cial rights, last resortrealizing is the legal remedy for most of the poor and the For these rights. only when they know of and in society, weak to available is make use of the legal aid that claiming and them can they be capable of receiv Second, rights. upholding their own legal aid and effective convenient, ing timely, “legal Inis itself a basic human right. this way, should be spoken when seen as a right, aid”, “du and “rights-holders” of in tandem with cri assessment “impact as as well ty-bearers”, teria”. and mutually interlinked human rights are All the rights stipulat and thus are constitutive, ed in the 2.1 Legal Aid: A Crucial 2.1 Legal Justice to Access in Component for PWD of legal In the development the modern era, upon the rule societies founded aid in many based “charity” a from has transitioned of law aid contains Legal model. based “rights” a to for first, distinctive human rights features: so rights, economic civil and political rights, helps to avoid excessive representation in in representation excessive avoid helps to the foster helps to and the judicial process participationindependent of PWD. ------This This 34 , this study, , this study, General Rules of of Rules General CRPD nor discuss the current nor discuss the current CRPD , which aims to respect and uphold , which aims to in China. Conversely, our research our research in China. Conversely, CRPD 34. Robert D. Dinerstein, Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with with Rights the Persons on of Article Under Capacity Convention UN the of 12 Implementing Legal Dinerstein, Robert34. D. Supported to Guardianship Decision-Making Difficult RoadThe From Disabilities: its Chinese translation can be seen in Chen Bo, Implementing Legal Capacity Under Article 12 of the UN Convention on the Capacity Implementing Under Article on the its Chinese translation can be seen in Chen Bo, Legal 12 of the UN Convention “Anti- Supported to Guardianship Decision-Making, in Liu Xiaonan, ed., Difficult RoadThe From with Disabilities: Rights of Persons 2014. Press, 1, Law Vol. Discrimination Review”, Law work. Specifically, it asks which laws are are laws it asks which work. Specifically, kinds what applicable and of services and it support Additionally, can be obtained. practicesdiffer in the analyzing upon asks, kinds what policies help PWD of regions, ent - equal external realize to obstacles overcome con the same With ity protection. in judicial of of the Commission cern and and policytion of law a convenient in factor. the second to relates way accessible this report will in space, constraints Due to neither discuss the legal capacity of PWD in Article 12 of on the legal capacity guardian and debate in the draft of ship system Civil Law of principle general the on center will focus the “sub the reform this principle looks to cally, fo in the past by decision making” stitutive Here, decision making”. “supportive cusing on speaking on placed is rather with, emphasis the individual with disabilities. than for, This section seeks to uncover how PWD PWD how section uncover This seeks to frame legal the current under pursue justice Specifi of PWD. the equality and freedoms 2. Legal Framework and Policy of Access to to of Access and Policy Framework 2. Legal PWD for Justice and system legal aid on China’s focusing by factors five the aforementioned combining will present justice, to access the PWD’s for Among and suggestions. analysis related and policythem, legal framework practice sound legal “a the first factor, to correspond the fourth to legal aid corresponds system”; Additionally, legal service”. “assessable factor, informa related receive PWD that the ways 14

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 15 - - - - - by re 39 Outline of the 40 36 formulated by General General by formulated http://www.mca.gov.cn/article/sj/ ( in 40,381 towns 38 Legal aid is at the center of of the center aid is at Legal Opinions on the Improvement Improvement Opinions on the 37 ), Justice of China, Vol. 6, 2015. Vol. ), Justice of China, Ⅰ in China. Five-Year Plan for Speeding up the Well- up Plan for Speeding Five-Year th equal access to justice for PWD due to the the to due PWD for justice to access equal legal of China’s distinctive features following : aid system le of grassroots-level coverage 1) The broad gal aid service network. department, 2014, the justice Until after over of work,40,024 legal established 20 years aid workstations Office of CPC and General Office of the State are there legal aid policies, local to Council, legal aid for on providing special provisions con being time, same the at are, that PWD tional laws and tional laws Aid System of Legal and improved. updated stantly 2) Clear and proactive legal aid policy. legal aid policy. 2) Clear and proactive na from Section in 2.3, and 2.2 mentioned As Helping more PWD receive timely legal aid, aid, legal timely receive PWD more Helping has become legal service, remedies and legal an important is clearly agenda that explicat including the ed in documents 13 off Process of Disabled Persons and National Persons and Disabled of Process off (2016- China of Plan Action Rights Human 2020) lying on local justice stations. Moreover, up up Moreover, stations. lying on local justice entire the the end of 2015, throughout until were workstations aid countrylegal 2,847 PWD with supportestablished for local from Federations. Disabled Persons’ and legal service workers at grassroots level, level, grassroots service at legal and workers aid volunteers. as legal as well Information National Human Rights Office Council, of the State ; ------) is insepara there were 39,789 among all national towns in 2015 in towns national all among 39,789 were there ; , here we use statistics of 2014 to compare with the legal aid statistics of 2014. compare use statistics of 2014 to we , here ) CRPD Generally, the providers of legal of legal the providers Generally, 35 Action Plan of China (2016-2020), Xinhua Net, http://news.xinhuanet.com/politics/2016-09/29/c_129305934.htm. Action Plan MinistryThe 2014 Social Service38. of Civil Affairs, Development Statistics Bulletin, http://www.mca.gov.cn/article/zwgk/ mzyw/201506/20150600832371.shtml tjgb/201607/20160700001136.shtml Aid Division in Ministry39. Legal Aid Statistics ( of Justice , 2014 National Legal 40. Liu Ziyang, Legal Aid Passes Special Love to Special Persons, http://www.legaldaily.com.cn/index_article/content/2016-09/02/ Special Persons, to Special Love Aid Passes Legal 40. Liu Ziyang, content_6789050.htm?node=6148. 35. Sang Ning, Promoting the Modernization of Legal Aid Governance, Justice of China, Vol. 5, 2016. Vol. Justice of China, Aid Governance, the Modernization of Legal 35. Sang Ning, Promoting Human Report China’s on “Annual ed., Li, Junru in RightsHuman and Aid Protection, Legal Peng, Ding and Wanhong Zhang 36. 2012. (China), Social Press Science Academic (2012)”, Rights No.2 http://www. with Disabilities, Well-Off Society of Persons of the Process Accelerating for Plan Thirteen-Five Council, State The 37. gov.cn/zhengce/content/2016-08/17/content_5100132.htm tation, education, and employment; receiv and employment; education, tation, According to the current legal system in in system legal current the to According legal ser the free to China, legal aid refers ing increased information and expressing and expressing information ing increased effectively; participating and more opinions activities are are that and social life in family interdepen mutually and upon contingent Cor justice. of accessing with the issue dent in obligation the government’s respondingly, policies and legislation relevant formulating (Article 12 in the 2 and better in achieving a ble with its obligations “taking and prop effective understanding of (Article 8), guaranteeing er action once” at supportequal accessibility and reasonable (Article 5 & 9), providing accommodation public legal service (Article 13) and legal in (Article 21), and so forth.formation aid Legal the State. by is provided that vice necessary guarantee assistance, is used to and crim procuration, such as legal advice, and citizens impoverished to defense, inal legal The cases. “special” in persons involved “with socialist Chinese character aid system of the CPC the leadership constitutes istics” the execu and the government, Committee the agencies, administrative judicial of tion relevant of collaboration and coordination departments, participation and the wide of aid is an important Legal project the public. and a basic pub well-being affecting citizens’ lic service. aid include full time legal aid lawyers, social social aid include full time legal aid lawyers, service legal by providing assigned lawyers judicial appraisers, notaries, aid authorities, - - 43 In an underdeveloped In an underdeveloped 42 Looking at local data, there are 990,000 are there data, local Looking at 41 ing to disabilities), followed by the number the number by followed disabilities), ing to Although legal aid. received who of women the proportion of minors and the elderly aid the percentage small, relatively are recipients merely all at among lowest of PWD is the 6%. since 2006, the number of migrant workers workers migrant the number of 2006, since most the aid has increased legal receiving cases of on-duty many (including injury lead city in central China, where the population is the population China, where city in central 195 legal aid cases in were 2.89 million, there PWD, 2015, among which only 11 targeted disabilities. with mental including three permanent residents in a relatively devel a relatively in permanent residents oped urban district in southernChina, but PWD the civil and criminal legal aid cases for year each 46 of average an for counted only only constituted 2015, which 2011 to from aid cases number of legal 5% of the total handled. were that - - Receivers Across the Country Across Receivers in 2003. However, However, 2003. in Figure 1: 2003-2015 Analysis of Special Groups in Legal Aid Aid in Legal of Special Groups 1: 2003-2015 Analysis Figure Resource: China Legal Aid on-line, http://www.chinalegalaid.gov.cn/China_legalaid/node_24953.htm, China’s Judicial China’s http://www.chinalegalaid.gov.cn/China_legalaid/node_24953.htm, Aid on-line, China Legal Resource: year of 2010, 2014, and 2015. and so on. Lacking of classified data of legal aid for PWD in the Legal Aid Aid Legal Regulations 41. Ding Peng, The Equal Access to Justice for Persons with Disabilities, in Zhang Wanhong, ed., “Disability, Rights and Justice -- “Disability, ed., Wanhong, in Zhang with Disabilities, Persons Justice for to Access Equal The 41. Ding Peng, 2017. (in process), Social Press Sciences Academic Textbook”, Disability Law in July 2016. speech in a conference Ma’s 42. Lawyer in July 2016. speech in a conference Xu’s 43. Lawyer ployees in legal aid agencies across the the across aid agencies in legal ployees legal time full registered 4,771 and country, of 2015, the end by Moreover, aid lawyers. practicingthe number of reached lawyers 2015, the lawyers to 2012 297,000; from and cases aid legal million 1.54 over handled bono nearly cases of pro 10 million provided legal service. legal aid It the current that be noted should improvement for room PWD still has huge for orga of institutional arrangement, in terms service and structure, nizational provision, By analyzing influence. social commanding 2015 2003 to from of aid receivers the data PWD is a primary find that 1), we (Figure issuance the since aid legal of group target of providers. of legal aid number 3) A large em 14,533 were Bythere end of 2014, the 16

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 17 - - - - , , , 2015 , 2011, and the legal , 2012 , 2012 , 2003 by the State Council the State , 2003 by , issued by High People’s Court, High High, issued by People’s Civil Procedure Law Civil Procedure (being drafted) Anti-Domestic Violence Law Anti-Domestic Violence the provisions is often not high enough. In often is enough. In not high the provisions the majority stipula of these other words, tions are merely administrative regulations regulations administrative merely tions are being is only just Law Aid Legal and the legal departments, related 3) For drafted. including the case-handling departments of department,public security justice agencies, is both there and legal aid organizations, a lack of knowledge and the necessary re aid stan legal current implement to sources legal 4) Implementation of the current dards. co and coordination requires aid standards and other local governments from operation as the wider support departments, as well of these aspects All hinge on the public. from of governance further the overall developing the country. Criminal Procedure Law Criminal Procedure Law on the Protection of Person with Disabilities with of Person Protection Law on the - - - - Legal Aid Regulations 2008 Legal Aid Law • • Article 57 & 58, • Article 5 & 19, • Article 33, • Article 60, Legal Aid Regulations of Hubei Province Legal Measure for Implementation of Criminal Procedure Legal for Implementation of Criminal Procedure Measure Article 10, e.g. aid regulations formulated by the People’s Congress in other Congress the People’s by formulated aid regulations provinces Aid Legal of Criminal Procedure Regulations on the Work Court, People’s the Supreme People’s the Supreme issued by the Ministry and Ministry Security, of Public of Procuratorate, in 2013 Justice e.g. of Hubei Province Aid Work People’s Procuratorate, Department of Public Security, and Department Security, of Public Procuratorate, People’s in 2015 Department of Hubei Province of Justice Formulated or amended by the Standing Committee of NPC Committee the Standing amended by or Formulated Amended by National People’s Congress People’s National by Amended Table 2: Laws & Regulations Related to Legal Aid for PWD for Aid Legal to Related & Regulations 2: Laws Table Administrative regulations Administrative regulations Local Departmental regulations, Departmental regulations, governments’ Local regulations Laws Laws tematize the ways in which PWD receive PWD receive in which the ways tematize appear provisions related Instead, legal aid. and regula laws in different be scattered to these legislations, 2). Overall, Table tions (see the following have and the practice thereof, in narrow relatively are They 1) limitations: in defense designated example, For scope. deaf, the blind, to criminal is limited cases illness who mental and people with mute, lost the capacity rec to not completely have In civil cas their behaviors. or control ognize applicants. is a strict there for means test es, of legal aid is guarantee systematized The 2) imperfect of legal effect of degree and the There are no fixed legal provisions that sys that legal provisions no fixed are There 2.2 Institutional Framework of Framework 2.2 Institutional Aid PWD for Legal ------44 2.2.2 Access to Criminal Legal Aid for for Aid Legal Criminal to 2.2.2 Access PWD in legal aid In PWD receive analyzing how in Wuhan this reportcriminal cases, take will to According as an example. Hubei Province several are framework, there legal current the situations: relevant or notified defense defense designated First, if the suspects i.e. or de without application: or or minors, mute, deaf, blind, are fendants lack capacity illness that persons with mental actions, their or they or control recognize to imprisonment or life sentence a death face without a in the suspected case but are the departments defender, commissioned including the public secu handling the case, and the court, the procuratorate rity organs, them. for attorney a free must appoint payment, and spouse-support payment; spouse-support and payment, payment; and payment, relief pension, requesting advocating living allowance; the minimum civil rights claiming labor dispute; rights in public interest; protecting for and interests suffer for and interests claiming civil rights maltreatment, domestic violence, ing from for claim compensation and abandonment; personal injury or property traffic loss due to on-duty medical negligence, accident, injury, bad pollution, environmental security, food quality means and agricultural of product, of production; and other cases demanding organiza legal aid by legal aid as approved tions. prop can organizations aid legal Inpractice, eligibil the apply flexibly and broaden erly protect to PWD ity criteria of legal aid for in of those who are the rights and interests need. ” ------Wubao 44. According to the author’s interview with local legal aid lawyers in Wuhan in May 2016. Wuhan interview the author’s in to with local legal aid lawyers 44. According tions - “means test” and “scope of the case”, of the case”, “scope and test” “means tions - deter are details thereof and the explicit or imple aid regulations local legal mined by according example, For measures. mentation and of Hubei Province regulations related to for when the local PWD apply City, Wuhan the standards aid, legal civil or administrative as of the case are scope and of means test follows: hardships, economic for evidence provide To their PWD Certificate PWD can: 1) present of of lacking source with evidence fixed certifiedincome commit local village by the 2) present committee; or residence tee Certificate or Minimum Living Allowance Households of “Rural Certificate of 2.2.1 Access to Legal Aid for PWD in for Aid Legal to 2.2.1 Access Cases Administrative Civil and across legal aid applying for of standards The the country condi of two consists usually (livelihood guaranteed in five aspects), this aspects), in five this guaranteed (livelihood other providing to serves as an alternative other in 3) state; impoverished of evidence that should be provided evidence situations, or the of the applicant income the monthly than 1.5 times the family is lower applicant’s 2015, the Since minimum living allowance. in the urban areas minimum living allowance 580 RMB was Wuhan in areas and in the rural respec and 320 RMB per month per month on average this standard, to According tively. who earn less than 870 RMB urban residents with less than residents and rural per month test means the meet can month per RMB 480 Wuhan. legal aid in for standards of the scope cases, In civil and administrative PWD includes: legal aid for cases for eligible all kinds of tort claiming cas compensation according compensation es; claiming state child-support law;the alimony, to requesting 18

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 19 - - - - - 48 46 The government of Shan government The 47 Besides, through government government through Besides, 45 2.3.2 Extending the Coverage of Legal Legal of 2.3.2 Extending Coverage the PWD for Aid persons with severe in Beijing, example, For no longer subjected the to disabilities are organizations aid In legal 2015, test. means legal aid 1,292 in Beijing handled in total PWD. cases for Department the Justice and DPF Moreover, all DPFs at that required of Zhejiang Province 2.3 Local Policy and Practice of Practice and Policy 2.3 Local Aid PWD for Legal departments and the Legal various regions in poli meaningful many explored have DPFs implementing to related practices and cies and regulations. the above-mentioned laws for Channels Different 2.3.1 Exploring PWD for Aid of Legal Raising Awareness legal aid with local DPFs coordinates The departments estab to agencies and related legal disseminate lish legal aid workstations, assess legal aid demands, aid information, - legal aid in special educa and timely provide tion schools. dong Province has amended legal aid regu dong Province scope. abolishing the limit on case by lation handled 3,834 In 2015, Shandong Province which marks a 13% PWD, legal aid cases for year. previous the with compared increase lies in different villages. lies in different procurement of services, they also carryprocurement out to lawyers allowing legal services”, “courtyard legal servicedeliver and their fami PWD to ------45. Department of Justice and Disabled Persons’ Federation of Anhui Province, Notice on Further Strengthening Legal Aid Work for for Work Aid Legal Strengthening Notice on Further of Anhui Province, Federation 45. Department of Justice and Disabled Persons’ 2013), http://36.7.109.3:9012/upload/2014-04/2014042110201214007607621.pdf. with Disabilities (August Persons in Disabilities with Persons for RightsHuman and Aid Protection Legal in Well Do to Measures Three Net, Aid Beijing46. Legal 2016. District,Changping http://www.bjlegalaid.gov.cn/tabid/338/InfoID/10301/Default.aspx, 2016. 2, 10 March Page Daily, Legal Disadvantaged Groups, Aid for Channels of Legal Beijing: Green 47. Huang Jie, Aid in the Province, Innovation of Legal Towards Department48. Jiang Dongliang and others, of Justice of Shandong Province: Net, http://www.nxzfw.gov.cn/gwxx/31771.htm. 2016, China Chang’an on 10 March released Second, application for criminal legal aid criminal legal aid for application Second, sus if the i.e. of means test: with exemption Third, for criminal the afore cases other than for Third, the victims if PWD are in a criminal Moreover, in cas a claimer case of public prosecution, pects or defendants are persons with disabil persons are pects or defendants criminal legal directly they can for apply ities, suspects situations: are following aid in the Degree-1 with Degree-2 or living intellectu al disability; suspected crime a joint and of already have other suspects or defendants the case is count their attorneys; appointed or Procuratorate, the People’s by er-appealed social “withsignificant considered is case the influence”. if the suspects defendants or mentioned, criminal for apply they when disabled, are test the means they should satisfy legal aid, mea the local implementation by required of legal aid. sures or another sort prosecution, es of private of they participant proceeding, in the judicial can or their legal representatives themselves the to criminal legal aid according apply for if In special situations, standards. means test compulsory of defendant the become PWD the suspect from or de medical treatment the attorney, and has no designated fendant departments the case – including handling procurator the security agencies, public the courts and the at a free – must appoint ates, kindThis of legal aid does not require torney. the suspected parties from application or the satisfaction of means test. ------52 All of the of the All 51 , departments , departments Alternatively, if the Alternatively, 53 55 Criminal Procedure Law Procedure Criminal In civil legal aid, there is no clear stipu clear no is there In aid, legal civil 54 conditions are permitting, the departments the permitting, are conditions with staff who are the lawyer should provide interpret language or an familiar with sign er. ficulties increased ease of travel. increased ficulties day long, providing people with mobility people dif providing long, day uratorate and People’s Court will provide Court will provide and People’s uratorate hearing with persons that ensure to funding language inter get a sign impairments can the for stipulation is no clear there Yet, preter. interpreters language sign of arrangement local regulations Several legal aid lawyers. for an needs lawyer aid legal the if that stipulate when meeting a deaf suspect, de interpreter Peo partments SecurityBureau, the Public of Court should and People’s Procuratorate ple’s and the ex an interpreter, arrange help to aid agencies the legal pense will be borne by the case. for responsible In criminal cases, due to the stipulation in in stipulation the to due Incases, criminal the Proc Security People’s of the Public Bureau, lation on the responsible party on the responsible lation providing for Some local language interpretation. sign has if the aid recipient out that point policies a hire the DPFs should hearing disabilities, them and bear for language interpreter sign expenses. the related 15 legal aid organizations in Hangzhou City City Hangzhou in organizations aid legal 15 facilities. these barrier-free established have - - - - In or 50 49 2.3.4 Prioritizing Accessible Facilities Facilities Accessible 2.3.4 Prioritizing and Support on im focus legal aid organization Many proving the physical environment to ensure ensure to environment the physical proving all available PWD are facilities for barrier-free 49. Department of Justice of Zhejiang Province and Disabled Persons’ Federation, Notice on Organizing the Special Events of “Legal “Legal of the Special Events Notice on Organizing Federation, and Disabled Persons’ 49. Department of Justice of Zhejiang Province http://www. Net, Department 2015, 8 June Province Zhejiang of Justice of Disability with Sunshine”, in Persons Helping and Aid zjsft.gov.cn/art/2015/6/8/art_9_41946.html. “Legal of the Special Events Notice on Organizing Federation, and Disabled Persons’ 50. Department of Justice of Zhejiang Province http://www. Net, Department 2015, 8 June Province Zhejiang of Justice of Disability with Sunshine”, in Persons Helping and Aid zjsft.gov.cn/art/2015/6/8/art_9_41946.html. in Disabilities with Persons for RightsHuman and Aid Protection Legal in Well Do to Measures Three Net, Aid Beijing51. Legal 2016. District,Changping http://www.bjlegalaid.gov.cn/tabid/338/InfoID/10301/Default.aspx, with Disabilities in the Special and Help Persons Focus” “Four Keep Aid Organs the Legal of Hangzhou City, Aid Center 52. Legal Month of Disabilities, 2016. http://hzfy.hzsf.gov.cn/flyzout/risen/tzgz/indexdetails.action?TZGZ_ID=1843, Article2014) (November http://www.gzsft.gov. 44, Province Guizhou in ImplementationAid the Criminalof for Legal Measures 53. cn/contents/34/8125.html. 2015) Article (September 25, http://ls.xf.cn/publish/ the Implementation Aid in Hubei Province for of Criminal54. Measures Legal cbnews/201511/11/cb1513_1.shtml. for Work Aid Legal Strengthening Notice on Further Federation, and Disabled Persons’ 55. Department of Justice of Anhui Province 2013), http://36.7.109.3:9012/upload/2014-04/2014042110201214007607621.pdf. with Disabilities (August Persons The legal aid organizations designate lawyers lawyers designate legal aid organizations The understand communication, good at who are the same time and at the mentalityof PWD, to in rights protection rich experience have PWD. handle the legal aid cases for 2.3.3 Strengthening Specialized Skills Specialized 2.3.3 Strengthening Providers Aid of Legal the county level across the province should should the province across level the county PWD by for legal aid workstations establish legal treat to are they Also, 2015. of end the covering priorityas PWD cases, for cases aid rehabilitation, allowance, living basic the examination, and entrance school admission cases of rights special and and employment, and discrimination infringement involving insult. der to improve the service and capacity improve of der to local DPFs carrythese lawyers, out trainings lan sign legal practical in skills, psychology, highlight practices These forth. so and guage, and the trainings the necessity of specialized be need to factmay in practice lawyers that lan sign with a professional accompanied or judicial social worker. guage interpreter 20

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 21 - - - 58 tation, arbitration and litigation to empower empower to litigation and arbitration tation, remove persons with hearing disabilities to and safe their rights, obstacles in defending general more of PWD the interests guarding ly. process through which PWD access justice justice PWD access which through process of public the accessibility increase help might government through example, services. For of services, of Beijing the DPF procurement language sign legal 2,000-hour a provides service includes consul that interpretation

- - 57 China Disabled Persons’ Federation Federation Persons’ China Disabled 56 (CDPF) also requires the whole country to country whole to the requires also (CDPF) PWD. for “12385” establish a service hotline 56. Disabled Persons’ Federation of Beijing Net, http://www.bdpf.org.cn/zhyy/jlpt/index.html. Federation 56. Disabled Persons’ http:// Notice on Issuing National Service Federation, 12385 Program, Hotline 57. General Office of the China Disabled Persons’ into “Rights Protection” includes Although the program www.cdpf.org.cn/ywzz/wq_188/xfgz/201603/t20160322_545416.shtml. such as litigation, arbitrationthe hotline service, legal ways and been settled by it points out that issues which should be or have the range of hotline service. do not belong to reconsideration administrative officially Has Program Action” in RightsLanguage Sign Protection “Legal Federation Mingliang, City Persons’ Disabled Wang 58. Net, http://www.bdpf.org.cn/zxpd/gzdt/wqzx/c24062/content.html. Federation 18 May 2015, Beijing Disabled Persons’ Launched, Moreover, there are barrier-free communi barrier-free are there Moreover, cation platforms for PWD (or barrier-free call call (or barrier-free PWD for platforms cation accessible service provide which platforms), services communication and information spoken, with hearing, persons for mainly services These include and visual disabilities. be transition emergency call-in messages, location and mobile phone, landline tween and inquiry, services, information navigation so forth. Mainstreaming these services these Mainstreaming the whole into ------jing, and in total 529 valid samples are col samples are 529 valid and in total jing, re 112 survey, the to Inlected. accordance legal disputes encountered have sponded to which and friends, family personally or by 2 Figure responses. 21.8% of valid constitutes according 132 cases of disputes categorizes mar see that can We categories. different to disputes and inheritance guardianship, riage, accounting category, the largest comprise followed are They disputes. the of 23% for and accidents traffic land, labor disputes, by few are there Noticeably, personal injury. service er criminal cases, discrimination, as Dis cases. discrimination education as well these types between still exist of crepancies de of legal aid cases and the range disputes 3.1 General Dispute Resolution of Dispute Resolution 3.1 General PWD survey project conducted questionnaire This and Nan Wuhan, localities – Beijing, in three - - - - - Figure 2: Statistics on types of disputes encountered by PWD by on types encountered of disputes 2: Statistics Figure tice, “legal information that is easy to under is easy to that “legal information tice, “legal awareness factor, and the third stand”, rights-holder”. the of attitude positive and and demand of PWD, per the experiences As reasonable and “accessibility fifth the factor in also be considered shall accommodation”, There legal practices. assessing the current quantitative of combination a through fore, this section research, and qualitative data experience resolution dispute present will aid legal their of degree the explain PWD, of of per experience the delineate awareness, types when of disabilities sons with different the while this All legal protections. accessing section perspective will apply a gendered em the legal needs of PWD and analyze to PWD need support that phasize of in terms accommodation and reasonable accessibility the whole judicial process. throughout 3. Analysis of the Legal Needs of PWD Needs Legal of the 3. Analysis to related closely are of PWD needs legal The jus to key factorthe second equal access of 22

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 23 - - - - 59 uals within their social network for resolu network their social uals within for tion. When encountering the aforementioned dis the aforementioned encountering When depiction the statistical in which PWD, putes, law turned to and friends, or their relatives 19% as follows: are or legal professionals yers legal services; free 33.7% (n=20) received services, 47.1% had and for charged were legal services. to In cases wherein no access were family disputes involved, were lawyers labor and land by followed predominant, 83% of the 3). In general, (Table disputes or lawyers the that (n=59) felt respondents These service helpful. was legal professionals’ choices future affect PWD’s may experiences use legal services, the decision to regarding their rela suggestions to as related as well and friends. tives ------Figure 3: Statistics on Dispute Resolution Channels of PWD Resolution Channels on Dispute 3: Statistics Figure 59. A Research Institute, Survey on Legal Service Needs and Related Service for Persons with Disabilities in B City, conference Survey Institute, 59. A Research Service conference on Legal with Disabilities in B City, Service Needs and Related Persons for speech draft, December 2015. scribed in section concerning 2.2, especially aspects such as marriage family and the and ex There of land acquisition. compensation Figure 3 delineates the statistics of dispute of dispute the statistics 3 delineates Figure re of respondents 29% channels. resolution ists a coverage gap. ists a coverage resolving for methods” “own sortedtheir to enduring informal or other (e.g. disputes judicial pro used formal solutions); 23% support seek 23% from cess; mediation or their to went 10% DPF; or community local 8% of respon by friends or family; followed A help. for government the turningdents to survey assessment large-scaleneeds legal conducted of in Beijing as a point can used in which nearly half of the respon reference, More legal problems. had encountered dents most chose to of these persons, importantly, friends and individ their parents, approach - - - - The The 63 2 2 4 2 4 1 2 10 27 . In accor 62 in 2006, only 0.5% Second National Sample Second National Sample 61 to the Legal Aid Center of Huairou District of Huairou to Aid Center the Legal to try his luck. “ This “desperate and helpless” situation result situation and helpless” “desperate This of the legal aid a lack of awareness ed from him in fact to was that available ed that, on the issue of whether PWD know on the issue of whether PWD ed that, 500 respon among over about legal aid, been recipients only 1% of them have dents, quite the system 7% understood of legal aid, the basics familiar with what 56% were well, un- completely were 36% and are aid legal of in 2012, Similarly, familiar with the concept. only 1.1% of PWD families in Hubei province quantitative research of this survey suggest research quantitative dance with China’s with China’s dance People on Disabled Survey legal aid services. received of PWD have - - - How 60 Table 3: Types of disputed handled by lawyers or legal professionals lawyers handled by of disputed Types 3: Table “ Zhang, 60 years old, is a Degree-2 old, disabled 60 years “ Zhang, in difficulties faced person. He had already traffic a suffered he time and this walking, situa which made his poor family accident, went he Outof desperation, worse. even tion Debt-credit dispute Traffic accident Traffic and inheritance guardianship, such as marriage, dispute, Family on-duty disease such as asking and occupational salary, injury, for Labor dispute, and shoddy goods such as buying fake infringement, Consumption Land and property compensation and land acquisition such as demolition rights, pollution Environmental Other In total 60. Dong Leiming, Mediation in Song Village: Authority and Order under the Great Changing Time, Law Press, 2008, page 153. Press, Law Time, Changing under the Great Authority and Order Village: Mediation in Song 60. Dong Leiming, http://news.xinhuanet.com/ Channel, Has Opened A Green Huairou Aid in Qian, Legal Wang and Yonghui 61. Zhong local/2015-12/07/c_128503868.htm. litigation. or petition long-termunsettled by caused usually is this disabilities, with persons In62. for cases rights most protection prevarication, labor employers’ such as several reasons due to Especially in cases of disability occupational diseases, caused by and find it little power disabled persons have the process, delay using ligation to and employers prove, to being hard relations cases in the recommended cases can be found Related distress. in great so they their rights, are protect to use law impossible to July 2016. in H Province”, with Disabilities’ Persons for Aid Cases Legal Ten ‘Best for“the Session Fourth The SecondThe China National Sample Survey Disability on University, of Peking Office Research 63. and Institute of Population 2008, page 207. House, Huaxia Publishing Second National Sample Survey on Disabled People, Statistics of China’s 3.2 Legal Knowledge and Knowledge 3.2 Legal Aid of Legal Awareness the of legal public education, years Through has devel residents) public (including rural oped a basic legal and rights awareness such such oped a basic legal and rights awareness and policies laws to refer able to they are that affected. are when their vital interests ever, questions remain as to whether PWD whether PWD as to questions remain ever, legal services when of affordable aware are is This seeking rights. their own protect to case: the following by demonstrated 24

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 25 - - - - of the respondents thought that legal aid legal aid that thought of the respondents it only 15% considered and be free, should respondents of 3) A number a fee; require to legal aid of the coverage that considered sub cases where 5): include (Figure should cases that (18%)”, no other choice “have jects or cases social impact a large (12%)”, “have (5%), which to attention” leaders’ “catch that the phenomenon that some extent echoes legal aid when thrown people only turn to gov current The situation”. “desperate a into policy” “stabilization practices and ernance 42% Moreover, a role. played also have may legal aid cor understood of the respondents diffi “economic rectly of the official in terms standard. culties” - - - Figure 4: Awareness of legal aid 4: Awareness Figure 64 64. Monitoring Office of Disabled Persons’ Federation of Hubei Province, Analysis ReportAnalysis DisabilityStatistics on Sampling on in Province, Hubei of Federation Monitoring64. Office Persons’ Disabled of May 2013, http://www.hbdpf.org.cn/wcm.files/upload/CMShbdpf/201607/201607290857021.pdf; Version), (Simple Hubei Province ReportAnalysis Monitoring on on DisabilityStatistics Hubei in Province, of Hubei Federation MonitoringOffice Persons’ Disabled of 17, 31 December 2015. Page Hubei Daily, Province, Three additional testing questions were questions were additional testing Three PWD of extent full the determine to asked or not the re whether of legal aid: awareness received legal services, and 0.75% of PWD PWD of 0.75% and services, legal received assis aid or judicial legal received families In demonstrat data monitoring 2014, tance. legal received of PWD families 1.2% ed that legal services, family received while no PWD aid or judicial assistance. knewspondent of the local legal the address charge, of free is aid legal whether center, aid of legal aid. requirements and the application 1) as follows: are results statistical related The knowdid not the 78.1% of the respondents 70% 2) of the local legal aid center; address - cated that they could not afford it, and 24% and 24% it, not afford they could that cated therefore, and, expensive too it was thought not worthwhile. (Figure 6), 66% of respondents (n=184) indi 6), 66% of respondents (Figure Figure 6: Reasons PWD choose not to pay for legal services for pay choose not to 6: Reasons PWD Figure Figure 5: Legal aid application conditions that PWD believed PWD that conditions aid application 5: Legal Figure In terms of general legal needs, only 23% 23% only needs, legal Ingeneral of terms while 78% (n=284) need, (n=107) expressed to choose not would they that responded the asked for When use paid legal services. not choose paid services they would reason 26

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 27 - - mation channels, followed by newspapers, newspapers, by followed channels, mation staff, 2) Community 17%; for which account accounts local DPF coordinators, including DPFs ac by organized 17%, and events for of the latter influence The 11%. for count television, to significant is comparably two of the DPF sys the advantage which shows person-to-person and The engagement tem. the for essential networks are interpersonal and the legal information of dissemination In fact, of 82% service information. relevant with the DPF familiar are the respondents community;of their 3) Relatives coordinators and they are 8%, for and friends accounted an important support. of social the source At 7%, for the Internet accounted same time, of which should not be neglected the role 4) It is worth 10% of the noting that either. received said they had never respondents legal information. any - - - Figure 7: Channels for PWD to receive legal information receive to PWD for 7: Channels Figure As is indicated from the above information, information, the above from is indicated As legal use not to tend most respondents legal aid but services; free to open are they legal paid considering when reluctant are as such words key services.Furthermore, and choice”, other “no “financial difficulties”, by mentioned frequently were service”, “free filling in the question when the respondents As such, enhancing PWD awareness of legal of legal PWD awareness such, enhancing As can fill in a critical the af gap between aid, naire. services legal mainstream of and fordability their rights. safeguard to the needs of PWD should first understand we do so, In to order by channels main existing the are what legal receive which PWD can obtain and/or the quantitative to According information. undertaken,analysis in Figure as is shown used frequently is the most Television 7: 1) 26% of the infor for medium, accounting ------Tort Tort , and and , Law on the Law on the Employment Employment , accounting for merely 11%. 11%. merely for , accounting are relatively more common, common, more relatively are . Some cases in this study also . Some cases in this study also tion accessibility (refer to Section 3.5 and Section to 3.5 and (refer tion accessibility report).5.2.2 of this ana can also be of laws PWD perception less Even 25%. for accounting altogether property as such – laws basic knowthe about tort, and employment, civil, contract, rights, the least among which criminal procedures, knowof people number about Law Promotion le the more that cannot ensure we Although Liability Law assis the with person, deaf a if that show lyzed by ascertaining by lyzed legal the extent of their 4, respon Table in is shown As knowledge. with the familiar who are dents and of Person with Disabilities Protection Marriage Law positive more the have, knowledge PWD gal the legal sys ascribe to they may feedback and be disappointed even – some may tem all – the not helpful at are the laws that feel undertaken analysis nonethe quantitative significant a exists there that suggests less Detection) Correlation (Pearson correlation ef the laws’ towards PWD attitudes between ficacy such as and their knowledge of laws– of Person with Disabil Law on the Protection Law Promotion Employment ities, le more acquires of legal professionals, tance their this person will improve gal knowledge, and increase laws the relevant toward views in applying them. his or her confidence ------In contrast, the ways in which in which the ways In contrast, 66 It navigat PWD faith in seems that 65 65. Zhou Changjun and Tian Doudou, Using Public Interest Legal Service to Instruct People in Finding Law, People’s Daily, Page 22, Page Daily, People’s Law, Service Legal Interest Instruct in Finding to Using Public Doudou, Tian People 65. Zhou Changjun and 2016. 28 September 2016. on 12 August Y city in Shanxi Province interview author’s The with a client in a suburb in center legal aid 66. dents considered laws “somewhat useful” to to useful” “somewhat laws considered dents make a judgment, to it hard found 14% PWD, “useless”. be them to considered while 15% very were laws the that believed 34% Only survey a reference, a As 8). (Figure helpful public would 61% of the general that shows resort as a first when dealing choose laws encoun respondents When with problems. turning to and considered problems tered 85% of the peo help, for legal professionals these profes access ple did not know to how eco due to up give to and 82% had sionals, professionals legal are If there reasons. nomic assistance, providing for available readily professional this consider willing to 77% are opinion. Itrespon of 36% that worth is highlighting PWD can effectively understand and access understand and access PWD can effectively the level by limited comparably legal aid are and informa communication of barrier-free ing the legal system (which 34% believe to to (which 34% believe ing the legal system public than the general be useful) is lower as first the law, to (61% of whom recourse when handling difficult situations), choice, and difficulties of economic but in terms aid), (legal assistance access inability to the gener with the in similar situations PWD are Inal public. the practice Province, of Shanxi aid a legal distributed government local the service booklet every As to household. rural actually have residents rural many a result, and find local legal aid centers managed to obtain the necessary their services resolve to problems. 28

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 29 502 497 488 493 480 498 497 496 496 496 476 477 479 473 Valid Valid answers 50 35.3 37.4 44.3 44.6 47.7 51.9 55.4 55.4 56.3 57.4 60.2 60.8 64.9 about (%) Never hear Never 38.4 37.6 36.9 34.3 34.8 33.9 34.2 29.8 25.8 30.6 30.7 28.9 26.9 24.3 A little (%) 8 8 17 9.2 (%) 18.1 20.9 16.2 13.8 13.3 11.3 12.3 12.9 11.1 20.4 Pretty well well Pretty 4 2 8.2 2.7 4.1 3.8 2.8 2.6 2.4 5.8 2.7 2.9 1.9 2.7 (%) Very much Very Table 4: Legal knowledge of PWD 4: Legal Table Figure 8: Attitude of PWD towards laws towards of PWD 8: Attitude Figure Law on the Protection of Person with of Person on the Protection Law Disabilities Marriage law Inheritance Law Inheritance Labor Contract Law Labor Contract Contract law Contract Criminal law Law of Punishment for Public Public for of Punishment Law Security and Administration Civil Litigation Law Civil Litigation CRPD Criminal Procedure Law Criminal Procedure General Rules of Civil Law General Tort Liability Law Tort Property Law Employment Promotion Law Promotion Employment . ------67 conducted in 2006, the rate conducted in 2006, the rate Second National Sample Survey on Second National Sample Survey 68 eral opinions and experiences of PWD on of PWD on and experiences opinions eral ser and lawyer legal aids, laws, disputes, In this part,vices. a number of examine we possible challenges the highlight cases to legal receiving when face PWD could that protect to ways identify to aid and proceed challenges are, These rights. their individual see jn those we in some aspects, similar to of state the – namely, legal aid cases general the poverty suffers, in which the PWD client pow of actions,legal the state faith in of lack capital and the lack of social erlessness, 3.3 Experience of PWD in Specific of PWD 3.3 Experience Cases gen discussed the have sectionsThe above cifically disability-related: PWD have limited limited PWD have cifically disability-related: in taking legal action;competence they have the abilities with restricted communicative limit have they stakeholders; legal relevant legal aid in timely and effective to ed access difficulties claiming criminal cases; they have judicial proceedings; equal rights through and frustration from and they often suffer dis social self-confidence caused by low face PWD which with cases The crimination. characteristics different difficulties also show a varietydue to different of capacities among the to according example, For disabilities. of the data Disabled People of persons with hearing impairments receiv 0.23%, at serviceaid legal ing lowest the was and intel of persons with mental while that lectual reaching the highest, disabilities was about 1%. There are, however, challenges that are spe are that challenges however, are, There ------. Correspondingly, . Correspondingly, CRPD 67. Zhang Wanhong and Ding Peng, Legal Aid and Human Rights Protection, in Junru Li, ed., “Annual Report on China’s Human Human Report China’s on “Annual ed., Li, Junru in RightsHuman and Aid Protection, Legal Peng, Ding and Wanhong Zhang 67. 2012. (China), Social Press Science Academic (2012)”, Rights No.2 The SecondThe China National Sample Survey Disability on University, of Peking Office Research 68. and Institute of Population 2008, page 210. House, Huaxia Publishing Second National Sample Survey on Disabled People, Statistics of China’s gal knowledge, their attitudes towards laws laws towards attitudes their knowledge, gal For negative. completely not are rights and the assertion to in response that example, and PWD is costly the rights of “Protecting depends on the further develop therefore such develop However, of the society. ment has not yet thereof, and the conditions ment, respon although 57% of been fully realized”, still 23.6% are there (n=291) agreed, dents In contrast, disagreed. (n=120) who strongly 78% of respondents, group among the same a very is unfor “disability that (n=394) agreed “PWD that 75% (n=386) believed fate”, tunate and cannot uphold intrinsically flawed are and 76% their rights as ordinarypeople do”, time-consuming is “it that (n=383) believed do so uphold their rights as to PWD to for both them for heavy burdens create would although Therefore, and their families”. selves nearlyone fifth re of the (n=394-291=103) of be the challenges attributed spondents “fates”, or “defects” individual to disabled ing the assertion not accept they still could that the rights of protect to premature it is too based on a preliminary In other words, PWD. forward they put understanding of rights, supporting for equal their clear requirements also agrees which participation life, in social model” “social principles of with the general the by advocated (n=296) although 58.5% of the respondents PWD rights, safeguard “to that considered lies with their family”, the key responsibility that view the held (n=423) 83% as high as external support. professional PWD required Although PWD have a relatively low level of of level low a relatively PWD have Although le general toward understanding limited 30

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 31

------71 Legal Legal More 72 due to the due to 73 a mother who was was a mother who 70 . issued by the State Council Council State the issued by Civil Law result of consideration for the PWD to receive receive PWD to the for of consideration result greater have the DPFs to for and family care the Therefore members. PWD family to access should not in this case information “guardian” stipu the guardianship equal to be deemed the by lated In practice this has caused numerous effect, exam For proceedings. in judicial problems on lawsuit divorce filed a a legal guardian ple, who had intel daughter behalf of his adult lectual was which disability against her will, the court; by rejected over, when lacking or when a legal guardian over, in cases with conflict of interests involved or re such as inheritance relatives, between PWD clients disputes, compensation location often ability their lose to guardianship under legal actions. per Especially when take any sus persons or disabilities mental with sons to disabilities appeal mental pected have to these appeals rights, the court their own for the court, often or denied by rejected or are response, any receive fail to even appealers’ medical diagnosis or experiences or experiences medical diagnosis appealers’ of hospitalization. Article this issue, 16 of the address To Regulation Aid when a person without capac dictates that capacity of limited with ity or conduct, of the legal guardian of a person with hearing hearing with person a of guardian legal the her son’s withdraw to impairment attempted which caused controversy; lawsuit, divorce a mother filed a divorce lawsuit on behalf on behalf lawsuit a mother filed a divorce with intellectual disability, of her daughter the court by rejected the case was as the yet legal guardianship. the held husband ------. This could be a could This . General Rules of Rules of General therefore requiring a guardian a guardian requiring therefore , an adult person over 18 years of of 18 years person over , an adult 69 General Rules of Civil Law 69. Huang Yi, Legal Capacity and Guardianship under the Current Law, http://www.mdrights.org/html/1021.html, 27 March 2013. 27 March http://www.mdrights.org/html/1021.html, Law, under the Current Capacity and Guardianship Legal Yi, 69. Huang Supreme the by Announced Disabilities with Persons for Rightsof Cases Protection Typical Ten Zhang”, v. Zeng of Case “Divorce 70. 14 May 2016. Court, http://www.court.gov.cn/zixun-xiangqing-20871.html, People’s 2016. in August Deaf Persons” Justice for to “Access a workshop on the case comes from real The 71. Analysis of a Basic Level with Disabilities: Case Persons to On the Judicial Assistance Yujuan, and Qiu Yunfeng Li from 72. Cases Court, on 1 October Accessed 2011. Xincheng Court of Xi’an City Net, http://sxxcfy.chinacourt.org/public/detail.php?id=148. Mental to Health Law From with Mental Disabilities in Practice: Development of RightThe of Persons Civil Litigation to 73. Chen Bo, 2, No. Vol. “Disability Rights Studies in China”, ed., Wanhong, in Zhang with Disabilities, on the Rights of Persons the UN Convention 2015. 1 (Summer 2015), Social Press, Sciences Academic According to the current the current to According 3.3.1 Limited Competence in Taking Taking in Competence 3.3.1 Limited Actions Legal Law Civil person with full capacityage is deemed a for civil conduct.It is living is only when an adult or realize and unable to illness with mental actions his/her own can he/she fully realize civil capacity in the for be deemed flawed conduct, and a legal proxy. Yet in this research, 44% 44% in this research, Yet and a legal proxy. reported (n=218) have to of respondents information” “guardian provide been asked to is which a PWD Certificate, when applying for per than the number of minors (n=6), more In general, local DPFs would, according to to according local DPFs would, In general, guard for applicants ask discretion, own their sons with intellectual disabilities (n=52), and sons with intellectual (n=52), and disabilities Even combined. (n=82) disabilities mental impairments multiple with persons counting need guardianship (n=23), persons who may in this sur 163 persons should only add up to 218). In (as opposed to fact,vey adults with al not are intellectualdisabilities or mental “without ca pre-determinedways persons as capacity“limited of or with pacity of conduct” Yet, guardians. requiring therefore conduct”, found during the researchers the interviews, adults with hearing impairments many that on their PWD information also had guardian married In couples Certificate. some cases, serve even with hearing impairments would of each other. as guardians when issuing PWD Certifi ian information set has surpassed the standard rate The cates. by , ------CRPD provided the the provided 74 which dictates that which dictates that Civil Law (Draft) Criminal Procedure Law Procedure Criminal mental disabilities, Mr. Xia is qualified to pro to Xia is qualified Mr. mental disabilities, lawsuit. “ with the ceed and gradually strive for equal legal capacities for strive and gradually capacities of civil conduct to from PWD, for capacities of legal action. over, there is a new regulation in Article is a new regulation 29 there over, of the occurs, guardianship over dispute a when party the can directlythe involved appeal to court the court a appoint and have people’s of his/her is unprotected Ifguardian. a ward the rights, and other lawful property, body, committee neighborhood committee/village organizations related residence, the ward’s of or civil administration the law, by regulated temporary of guard role the assume should statutory as a body the DPF, this, to ian. As function and organs aid legal with work can break achieve as a temporary to guardian Article to 12 of the according through and Communication 3.3.2 Accessible Aid Legal and Effective Timely to Access in Criminal Cases The with the high legal aid requirements clearest PWD including of legal validity for est level with mental and persons mute, deaf, blind, abili the lost fully yet not have who illness actions. their own and control ty realize to sign include providing requirements These persons with for language interpretation hearing impairments when participating has study This in criminal legal procedures. Legal practices such as this will no doubt be be doubt no will this as such practices Legal to workers legal aid in encouraging helpful rights of litigation the protection advance against especially lawsuits, of PWD through a lack of is there where backdrop the current More regulations. legal clear and relevant ------Gener clearly clearly dictates that in case of case of in dictates that Mental Health Law Mental “ According to Article to 82 of the Mental Health “ According when of China, Republic People’s of the Law a person with mental disabilities , or his/ ever member deems that or family her guardian the healthcare organs, the administrative entities have or other relevant institutes, of this law and com the provisions violated legal a rights, lawful patient’s the promised with Though be initiated. can proceeding 74. Quote from Chen Bo, The Development of Right to Civil Litigation of Persons with Mental Disabilities in Practice: From Mental From with Mental Disabilities in Practice: Development of RightThe Civil Litigation of Persons to Chen Bo, from 74. Quote “Disability Rights Studies in ed., Wanhong, in Zhang with Disabilities, on the Rights of Persons the UN Convention to Health Law 2015. 1 (Summer 2015), Social Press, Sciences Academic 2, No. Vol. China”, conduct, requires legal aid for a lawsuit or or lawsuit a for aid legal requires conduct, his/ and person the between disputes other be applied appeal should the proxy, her legal in with no stake proxy another legal by for Article the of 17 issue. disputed the al Rules Law of Civil of / village committee borhood committee one from shall appoint residence the person’s If the appoint close relatives. the person’s issue is ap and the is not accepted, ment court shall the court,pealed to the people’s do regulations these Yet issue. the on rule not clearly support the persons with mental and thoughts their own state disabilities to proceedings launch law to a lawyer authorize on guardian the issue of the dispute over legal aid dealing with such cases, When ship. if the problems still confront may attorneys com local village committee/neighborhood support provide to due reluctant are mittee of getting in trouble. fear to Article 82 of the the disabilities persons with mental grants the court appeal to right to when they deem been compro their legal rights have that in also has been some progress There mised. a court in example, verdict For legal practice. 2014 wrote: controversy over the choice of a guardian of a guardian the choice over controversy the person which the entity to candidate, disabilitymental neigh with or the belongs 32

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 33 - - - - 76 77 spirators with legal agencies to lure or extort lure to with legal agencies spirators Unprofes confession. into deaf person the of sign operation sional and unstandardized the only compromise not language may also it may the deaf client, rights of litigation miscarriage and therefore lead to of justice More the principle of judicial fairness. violate the by hired interpreters language sign over, to be denied access may legal aid providers is an which suspectfacilities, the detention in issue in a number of regions. cially when the interpreter is biased due to due to is biased the interpreter cially when with the relations or relative teacher-student against persons suspect, or holds prejudices long-time with hearing due to impairments persons criminal cases where to exposure previously with hearing impairments have co-con becomes or even been convicted, pointed defense to all sorts to defense suspects of PWD pointed persons, deaf and mute blind, merely beyond and include supplementary civil litigations victimslaunched by in crimi with disabilities - nal proceedings. In the criminal judicial reform which puts the puts which Incriminalthe judicial reform changes positive court trials the center, at in role active an courts the when play occur example, For PWD. legal aid for promoting a local court with the local has consulted of ap the coverage expand to bureau justice due that, shown have cases some However, disability, mental of nature obscured the to case-handling not be aware agencies may though the person even of the conditions In hold a PWD Certificate. some cases, might this fact, they when the agencies realize even provide to legal aid organs not inform may in a timely manner, defense the assigned an attorney hire family members to leaving ------Criminal Criminal . Sometimes the neutrality of Sometimes the neutrality of 75 interpretation can be compromised, espe can be compromised, interpretation 75. Yang Xinhui, Problems and Standards in the Current Sign Language Interpretation System, Linqu Jiaoxue, Vol. 11, 2011. Vol. Linqu Jiaoxue, Language Interpretation System, Sign in the Current Standards and Problems Xinhui, Yang 75. “Selected ed., Yanjiao, Yao in Hearingwith Disabilities, Speech and Robbery- Persons to Robbery” Related “Silent Cases Hui, Yu 76. 2014, page 126-128. Press, Law Workers”, Migrant Aid for of CriminalCases Legal Zhejiang with Disabilities, Persons Rights for Protect to “Umbrella” as Legal Judicial Service” “Accessible Courts77. Hua Xuan, Offer 11 April 2014. http://www.zjfzol.com.cn/index.php/cms/item-view-id-24535.shtml, Online, Fazhi found that sign language interpretation is is interpretation language sign that found barri China’s in marginalized still relatively Some prosecutors have pointed out that, out that, pointed have Some prosecutors different at in resources, constraints due to various stages of the criminal proceedings, lan sign on the same agencies usually rely er-free service system. This has also affected affected has also This service er-free system. and capacitythe willingness sec of the legal rules in the related enforce to tor Law Procedure the Among example. for Hubei province Take “China on the website published judgments 40 criminal were there Online”, Judgments suspects with hearing involved cases that 2013 to impairments duringperiod the from the recorded judgments 2015. 16 of these interpretation. language of sign provision 1 was of these cases, the interpreters Among from teachers 7 were daughter, the suspect’s from volunteers and 4 were special schools, In these 40 addition, considering local DPF. put persons with hearing were impairments of 147.6 days an average for in detention importance of undeniable is it trial, before bar facilities can provide the detention how equal and realize communication rier-free management. not be certified. who may guage interpreter pro the verify to possible not Ittherefore is and of the interpreter competence fessional the obliga has fulfilled if he/she determine Furthermore, interpretation. accurate of tion a limited to access the agencies only have the interpret When number of interpreters. unavail the legal agencies are ers familiar to of the case can potentially the progress able, be stalled. ------Many 82 However, such cases where contracts contracts such cases where However, 81 tion. producing “reverse discrimination”, which which discrimination”, “reverse producing ac affirmative of effects the neutralize may are breached may not satisfy the eligibility the eligibility not satisfy may breached are aid. legal of coverage and criteria es, PWD are qualified to be a litigant. Even so, so, Even litigant. be a to qualified are PWD es, not may address seek to they the issues that aid or ju legal be supported the available by dicial procedures. physical with medium or low-degree Persons their express usually able to impairments are by is accepted that opinions in a way own partici actively and traditions mainstream also encoun they may Yet in the society. pate levels, various public discriminations at ter servicedenied being including airlines for by “lacking capac or self-help adult company i t y ”. 3.3.3 Equal Rights Issues Difficult to Rights3.3.3 Equal to Issues Difficult Judicial Process through Resolve with persons that report This elaborated has or intellectual disabilities, mental, hearing, or restrictive states legal their own due to lack may their guardians, with arrangements Inequal judicial protection. some other cas PWD who encounter such discrimination in in such discrimination PWD who encounter services it an issue of consider either do not actually been their equal rights have where the situ endure or choose to compromised because they deem legal procedures ation It is cumbersome. there is fortunate that too public a small portion benevolent of clients, ------79 Incompul cases in which 78 While these services may look these servicesWhile look may 80 progressive, they only serve to reinforce the the serve reinforce only they to progressive, society that PWD holds against prejudices while neglectingindispensable for is what equality and rea - accessibility achieving real defense Assigning sonable accommodation. as PWD itself does not suffice to attorneys support. accessibility a means of providing SectionAs reportof this 3.5 it is out, points measures accessible only when sufficiently provid are accommodation and reasonable process the whole judicial ed throughout can the capacity of action of of PWD be free and PWD can participatelimitations in trials PWD Granting “care”. equally without extra simply for special treatments substantive ensuring as opposed to their impairments, end up rights may their equal procedural 78. Zhu Huidong, Murder Suspect Detained has Got Medical Treatment through Legal Aid, China Legal Aid, Vol. 3, 2014. Vol. Aid, China Legal Aid, Legal through Treatment Suspect Murder Detained has Got78. Zhu Huidong, Medical ed., Wanhong, in Zhang Review, and Case Framework with Disabilities: Legal Persons Justice for to Access Equal 79. Ding Peng, Selection ed., of Wuguang, and Jia 2015; Bo Shaoye 1, Social Press, Sciences Academic 2, No. Vol. “Disability Rights Studies in China”, 2007. China Braille Press, with Disabilities in China, the Rights of Persons on Protecting Cases Humanities & Social Sciences Aid System, Journal of Hainan University, Legal on Disabled Persons’ Research and others, Yang Tao 80. 3, 2016. Vol. Rather Compensate to Willing Juneyao Airlines was Sued Because Carry of Refusing to with Disabilities: Yiping, Persons 81. Chen 2016. 4 February http://www.thepaper.cn/newsDetail_forward_1429307, in Public, Apologize Than passenger transport to was a litigation referring contract there 82. In persons with disabilities in H province, a legal aid case for the range of civil legal traffic accidents belong to traffic accident, and in most places, a to was also related but the dispute dispute, July in H Province”, with Disabilities’ Persons for Aid Cases Legal Ten ‘Best cases for“the See Session the recommended aid. Fourth 2016. sured and the coverage should be expanded expanded should be and the coverage sured should we Meanwhile, the law. to according “incapable” or “flawed” labeling PWD as avoid “the of favor in opinion PWD dismissing and “defense” them with or providing capable” parents/ by services dominated are that guardians. It is necessary access equal that emphasize to PWD should be en criminal aid for legal to or apply for legal aid lawyers to overcome overcome to aid lawyers legal for or apply this vulnerablity. sory medical procedures may be applicable, applicable, be may soryprocedures medical per how issue as to unresolved an it remains subject disabilities mental sons with com to “appointed pulsory an can access measures in a timely manner. of legal aid proxy” 34

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 35 ------3.3.4 Frustration and Lack of Self- 3.3.4 Frustration Social Due Discrimination to confidence and Prejudice PWD for justice to access equal Achieving services than just professional more requires or benevolent procedures, with unbiased the persons performing charitable acts. From confi very PWD have start, that it requires in taking and courage actionsdence mo and During the bilizing support way. in a lawful shared PWD have many of this study, course discrimina encountering of their experiences though wide-spread Even tion and prejudice. not in itself discrimination against PWD does affects the it profoundly a legal case, lead to PWD of confidence and awareness attitude, in making as whether or not decisions such even or own, their on live to home, leave to services). claim their rights (and seek legal to when a bus embarrassed feel A PWD may “Whylike people handicapped do asks driver or even house?” out of your come even you made by sound unique the when they hear used the card when identifying bus devices used scooters W city, In rides. free PWD for by not al persons are impaired physically by not catego they are on the bridge for lowed when taking a Yet vehicles. as motored rized are scooters same the river, the ferrycross to classified are they that given fees charged motor as standards same the to according cases said the in Furthermore, vehicles. ized it is servicesin which airlines deny PWD, to the public expresses see how to astonishing through their discrimination and prejudice online commentary: ------; Mr. A Chong, an advocate an advocate A Chong, ; Mr. 83 , and so forth. The issues raised include issues raised The , and so forth. 84 to rarely entered judicial procedures. In fact, judicial procedures. entered rarely to revealed the interviews have of this study education, inclusive issues concerning that or visual with physical children especially for through mostly resolved are impairments, supported connectionsor DPFs personal by depart with the local education consulting ments. equal rights to education and employment and employment education equal rights to as well persons with visual impairments, for in the harassment sexual from as protection hither such issues have However, workplace. 83. In fact, there appeared reasonable accommodations for persons with visual disabilities in previous National College Entrance College National previous in disabilities visual with persons for accommodations Inreasonable 83. appeared fact, there him and another the questions for Jin Xi, he joined in the exam in 2008, and had someone read lawyer to Examination. According Ningbo of school law the entered successfully he result, a As answers. the down wrote he after sheet answer the complete of the local bureau He participated accommodations from in the judicial exam in 2010 and applied reasonable University. He answers. his supervisors.writedown 2 and with questions the room read helped person One separate a given was He justice. the interview to interview 2016 and relevant According with Jin Xi on 20 March He by passed the judicial exam with high score. the Judicial Exam, http://learning.sohu. Pass Disabilities to Visual with Special Exam Room in Ningbo Helped a Person Jiangyong, com/20100914/n274930656.shtml. http://www.chinadp.net.cn/ Disabilities, Visual with Persons for Should Not be the Only Career Massage Parlor Wanqing, 84. 2016. 14 March datasearch_/journal/springbreeze/2016-03/14-15162.html, interest lawyers and social organizations that that social organizations and lawyers interest public into these cases make willing to are wheel “two of In case the litigation. interest Moreover, efforts were made to promote promote made to efforts were Moreover, impair equal rights of persons with visual chair users against airline company” men against airlinechair users company” the plaintiff for the attorney tioned above, the law from Jin Xi, who graduated Mr. was school of Ningbo an in and was University When impairments. with visual attorney tern he that the researchers he told interviewed, helping PWD for more contribute to wanted show goes to This their equal rights. achieve civil societythat actors can often provide complementary efforts legal the official to worth paying therefore and are aid system to. attention in a Li Jinsheng, Mr. example, For ments. participated in the way, ground-breaking in examination entrance college national in 2014 braille for rights of persons with visual impairments, rights of persons with visual impairments, for do masag “blind people don’t claimed that ing” ------have have came came 89 87 and “legal aid and 88 Anti-Domestic Violence Law Anti-Domestic Violence not asked. Why? Because he was a construc he was Why? Because not asked. If aboutinformation his the contractor. tion not be out he would spread mental condition “ more. any for contracts approached helps wife with hearing and speech disabili helps wife ties suffering from domestic violence” domestic violence” from ties suffering appeared throughout the country. throughout appeared tection of personal rights of women with dis tection women of personal rights of Zhang”, divorcing “Zeng case of the abilities; of conduct the court the which criticized in interveninga father in his intellectually dis in marriage; the autonomy abled daughter’s between inheritance over “Dispute case of which the judgment in family”, the Chen’s with the right of married women protected the will; to inherit according disabilities to of removal over “Dispute and the case of in which Li”, A Li and B obstacles between to father banned a remarried the judgment who both and son-in-law his daughter expel preserving thereby hearing disabilities, have Moreover, and good morals. public order after the domestic violence” ing from 3.4 Gender Analysis of the Legal 3.4 Gender Analysis of the Legal Needs of PWD Court People’s In the Supreme 2016, May the to related typical cases 10 published them Among PWD. of rights protection with Feng “Lin raping the case of was there pro which involved intellectual disabilities”, 1 2016, reports effect on March of cases into suffer “legalwife disabled aid helps which in ------85 86 “ We asked Mr. Zhang about his health con Mr. asked “ We inquiring about ditions before the crime He said that he had a history facts. of mental Afterwards, taking medicines. illness and was he said that he conversation, in the casual had we about his conditions not tell would “ It’s inconvenient for disabled persons to go go persons for disabled to inconvenient “ It’s travel to want If you the first place. outside in an have better you speed air or high train, by It is not discrimination... company. adult for just not long-distance a travel, afterall it’s “ in the neighborhood. around walking , now wins’ ‘whoever is weaker it was “ First discrim . I don’t ‘whoever is disabled wins’ it’s inate against disabled people, but please do do please but people, disabled against inate have and appointmentsin advance make ” you. someone accompany 85 Chen Yiping, Juneyao Airlines was Sued Because of Refusing to Carry Persons with Disabilities: Willing to Compensate Rather Compensate to Willing Juneyao Airlines was Sued Because Carry of Refusing to with Disabilities: Yiping, Persons 85 Chen the comments. 2016, 4 February http://www.thepaper.cn/newsDetail_forward_1429307, in Public, Apologize Than May http://www.bdpf.org.cn/zwpd/zcfg/zcjdl/index.html, and Service with Disabilities in Beijing, 86 Policy Persons Manual for 2013. in July 2016. speech during a conference Huang’s 87 Procurator 2, 26 May 2016. Page Bao, Anhui Fazhi Violence, Domestic from Suffering Wife Aid Helps Disabled Legal 88 Cheng Feifei, Huaibei News Net, Violence, Domestic from with Hearing and Speech Disabilities Suffering Wife Aid Helps 89. Duan Ning, Legal 17 July 2015. http://www.hbnews.net/xwsq/mshb/796770.shtml, It is worth social discrim out that pointing Similarly, some of the notifications issued by issued by some of the notifications Similarly, conno also possess inappropriate DPFs may the self-isolation which encourages tations going avoid “please example: For PWD. of By so not only doing out during rush hours. give will be eased to pressure the traffic way, on their white-collarsconvenience more on the of disabled persons but also the safety will be assured.” road relinquish PWD to force even may ination example, For safeguards. procedural existing their reveal to unwilling suspects some are agen handling case the disability of to status dis more them in an even which places cies, situation: advantaged 36

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 37 ------91 Other studies have also con Other studies have 90 shows that women with disabilities with disabilities women that shows more difficulties in getting effective protec in getting effective difficulties more think that 59.6% of respondents while tion”, disabilities with women “the of situations (the men with disabilities” those of from differ in Figure shown gender differences cause of men and that who disagree those 9). Among sit in different are with disabilities women portion is still a considerable there uations, with “women that who think of respondents educa equal to less access disabilities have disabil with “women tion and employment”, in taking time of their ities spend more care from suffer with disabilities “men families”, with dis “women financial pressures”, greater opportunities fewer in particiabilities have with disabilities “men in the society”, pating and soci support more relatives from receive fewer with disabilities have “women and ety”, difficulties in getting married and receiving of China’s of the statistics analysis The care”. on Disabled Second National Sample Survey People financial support, medical care, more require servicesand life with disabilities, than men and re devices assistive fewer but require be caused by may This services.habilitation their due to with disabilities, women that - con mostly are society, the in role perceived subjects and support, sidered of care while social re men with disabilities assume more sponsibilities. firmed these observations. ------90. The Second China National Sample Survey on Disability Office and Institute of Population Research of Peking University, The The SecondThe China National Sample Survey Disability on University, of Peking Office Research 90. and Institute of Population 2008, page 201. House, Huaxia Publishing Second National Sample Survey on Disabled People, Statistics of China’s the statistics of the second China national sample survey to 91. According on disability in 2006, the proportion with of female also lower. is one former of the the education level (20%), male of that far below is old (5%) unmarriedyears disabilities 15 over The See the SecondSample SurveyChina National Disability University, on Peking of Office Research Institute and of Population 2008, page 159. Other House, local Huaxia Publishing Second National Sample Survey on Disabled People, Statistics of China’s Journal of Survey Dong and others, with Disabilities in Hebei Province, on MarriageYu Status of Persons in statistics can be found 2, 2012. Vol. Handan College, From these cases, we can see that China’s le China’s can see that we cases, these From First, there is no clear correlation between between is no clear correlation there First, gender and their type of the interviewees’ lev and income level, educational disability, The data from the questionnaire of the study the questionnaire from data The that: show 47.1% of the interviewees (n=249) Second, respondents of 71.9% In contrast, female. are more with disabilities are “women think that and face rights infringement, to vulnerable gal practices have indeed made progress in in progress indeed made gal practices have marriage, property, the personal, protecting with disabilities. women rights for and family storylines of each the grave Nonetheless, legal re of these typical cases also reminds is still a and practitioners there that searchers the equal rights go in protecting to long way the from Aside with disabilities. of women prop and personal in compromises general erty in marriage and family-related rights, vul more are with disabilities women cases, from resulted discrimination” “dual to nerable and disability. of gender the interplay between is also no clear correlation There el. legal aid, legal of awareness the and gender aid in dai and the need of legal knowledge, PWD, that is explanation possible A life. ly very limited have of their gender, regardless legal and knowledgeprovisions legal both of dif significant no is there services aid hence in this regard. ference - - - - grams should take into consideration the dif consideration should take into grams accessibility backgrounds, educational ferent support demands of and the specific needs, disabilities. persons with different “Dis of multiple Based on the experiences conducted (DETs) Trainings” abilityEquality - can be identi this project, a viable way by and raise conduct programs fied to training of gender equality while taking awareness needs of the different consideration into can This disabilities. persons with different a well-designed participatory by be achieved pro facilitators, experienced session run by vided with necessary support accessibility such as accommodations and reasonable the community of PWD; and 3) training pro the community3) training of PWD; and - - - - Figure 9: PWD’s opinions on the cause opinions differences of gender 9: PWD’s Figure 92 92 According to the Statistics of the Second China National Sample Survey on Disability, persons with mental disabilities have the the Statistics of the Second Sample Survey China National to persons with mental disabilities have 92 According on Disability, persons with In level; disabilities has the lowest this research, and the multiple disabilities and intelligence highest education level the highest old have 14 years 0 to from among them, children higher education level, have or hearing to disabilities tend physical Second Survey Sample National China The Disabilityon Office survey. and national the to according rate enrollment student Second National Sample SurveyDisabled People, on of China’s Statistics The University, Peking of Research InstitutePopulation of 2008, page 137, 146. House, Huaxia Publishing It can be inferred that: 1) women with dis 1) women that: It can be inferred of aware more not necessarily abilities are gender equality; and education 2) better opportunitiestraining improve can help to equality among gender of awareness the Third, the gender of respondents seems to seems to the gender of respondents Third, the to with the answers bear no correlation with “women which are questions, first two rights in to vulnerable more disabilities are fringement, and face more difficulties in get difficulties in more and face fringement, and “women and protection” ting effective situa in different men with disabilities are is correlated awareness such However, tions”. of respondents. level” “educational with the types with correlated also is level Educational of disabilities. 38

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 39 ------The symptoms of mental illness of mental illness symptoms The “ Patients of mental illness are commonly commonly of mental illness are “ Patients divorce to seen in the trials as defendants lawsuits. such as suicide; forms of conduct often take actions of attacking other peo and harming ple; different levels of self-control disorder; of self-control levels disorder; ple; different in psychologi anomaly clear and prolonged emotion, will activities such as awareness, cal behavior;and motor inability- of normal con actions and living; and work duct study, of people. common to being incomprehensible of in breakdown Mental illness often results emotional ties between and wives. husbands Article to Particular 3 of ‘Several According Court on Opinions People’s of the Supreme of Emo Breakdown Identify Actual to How Cases’, Divorce in between Couples Ties tional when one party mental illness suffers from cured not is illness the and marriage, the in Moreover, cases where women suffer from from suffer women where cases Moreover, on-dutycaused disabilities have injuries, against divorced are or accidents, traffic by dis- mental have because they will their own In the worthy attention. of our are abilities PWD during 54 typical of legal aid for cases 20 liti H province, 2014-2016 selected by were them, there Among female. were gants 6 cases of on-duty 4 cases of traffic injury, with mental and 5 cases of women accidents, their husbands or by disabilities abandoned there By contrast, against their will. divorced in which a married not a single case was man a divorce into forced was illness with mental ju related of rules The will. own his against Supreme the by issued interpretation dicial by held Court stereotype the and People’s have illness public against mental general as attorneys such made legal practitioners, the following by affected heavily and judges, inequal gender with combined which, idea, to disadvantageous more be to proves ity, disabilities: with mental women ------Anti-Domestic Violence Anti-Domestic Violence , the CRPD The local reports of women with dis with reports local women The of 93 , and various judicial documents. Also, it it Also, various judicial documents. , and 93 The National Women’s Federation and the National Bureau of Statistics, The Major Statistics of the Third Survey Third Socialthe on Major The the of Statistics Statistics, of Bureau National the and Federation Women’s National The 93 in China, http://www.china.com.cn/zhibo/zhuanti/ch-xinwen/2011-10/21/content_23687810.htm. Women Status of Law of them cannot the fact to many that attests dis- the prevailing to and respond identify In fact, according crimination issue in reality. Women’s a survey to China All conducted by in 2010, the proportion of males Federation “men with the idea that who agree females to on social activities wom focus while need to It is notable that among grassroots-level le It among grassroots-level that is notable real-time screening of subtitles, oral descrip oral of subtitles, screening real-time interpre language and sign images, tions of equality of idea the disseminate to tation, stakeholders. among various and inclusion chang bringindeed about can approach This of participants, including es in the awareness gender sensitivity. increased male) workinggal aid staff (mostly provide to like one can often hear comments legal aid, in here; violence domestic have don’t “we of researchers The rules”. wife my house, my male students also heard this report have with that, argue schools frequently law from school who in law students female so many for responsible are and grades better achieve more making are male students decisions, servesindicate only to This “marginalized”. legal practi of elite neither the future that legal staff grassroots-level tioners nor current disabled of principles the understood have equality rights and gender as reflect persons’ ed in the were on household affairs” en should focus which is 7.7% 61.6% and 54.8%, respectively, and 4.4% higher than the number of the year 2000. abilities suffering from domestic violence cit domestic violence from abilities suffering of consultations as well as study, this by ed persons with to institute the author’s by fered domestic from hearing impairments suffering reflect both misunderstand such violence, to needs urgently which prejudices and ings be redressed. - ers or guardians”. As discussed earlier, this this discussed earlier, As ers or guardians”. circumstances, under current that, indicates and supportPWD need external company in it does take legal actions. However, to order the under they need guardians not mean that them. make decisions for to system current ities that enable members of the society members enable ities that such children, women, pregnant elderlies, as PWD, independently or ill persons to and injured use buildings, enter roads, access safely and information, transportation, exchange public needs The community services. and acquire - accommoda and reasonable accessibility for service stages of legal of the different tion at in Figure surveyed in this study is shown PWD 10: not 40% were 500 respondents, over Among alone, the legal system in facing confident work social of “accompany the required and - - 94 issued by the issued by throughout the process of legal service the process throughout Regulations on the Construc Figure 10: Needs of PWD for accessibility and reasonable accommodations accommodations and reasonable accessibility for of PWD 10: Needs Figure after prolonged treatment, the emotional tie the emotional tie treatment, afterprolonged actually be deemed can couple the between of one party case The of the couple broken. the other suffers because divorce sues for of this regulation illness fits the mental from should not ‘fear ...we judicial interpretation. a social illness’...create the notion of mental more discrimination, no with atmosphere every embrace to treatment and equal care “ mental illness. from patient suffering 94. Tao Tao, Analysis on the Legal Application in Divorce Cases of Persons with Mental Disabilities, Yunnan Court http://www. Net, Yunnan with Mental Disabilities, Persons of Cases in Divorce Application Legal on the Analysis Tao, Tao 94. come paragraph quoted the in highlighted sentences The 2013. November gy.yn.gov.cn/Article/spsw/mssp/201311/35622.html, online encyclopedia,popular in a mental diseases on definition the Baidu Baikefrom (http://baike.baidu.com/item/%E7%B2%BE% in practice. legal aid lawyers by quoted frequently E7%A5%9E%E7%97%85/920), and are vironments refers to the construction to of facil- refers vironments According to the to According 3.5 Accessibility Support3.5 Accessibility and Accommodation Reasonable Whole Judicial the Throughout Process Environments Accessible of tion en in 2012, building accessible Council State 40

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 41 PWD in this study PWD in national survey in national Figure 11b: Distribution of types of disabilities among interviewed 11b: Distribution of types among interviewed of disabilities Figure Figure 11a: Distribution of types of disabilities among interviewed PWD PWD 11a: Distribution of types among interviewed of disabilities Figure ------, the , the and the and the CRPD Regulations on the Con the on Regulations “ I’ve found only one law firm which provides only one law firm which provides found “ I’ve the toilets Yet facilities. good barrier-free were there and style, of Japanese were there confer the many At handles. no barrier-free ences we organized, we had to apologize to apologize to to had we organized, we ences suspect or defendant can understand the the understand can suspect or defendant the people’s security organs, Public content. court should, the people’s and procuratorate, attor aid legal assist law, the to according sign providing conduct by to their work neys language interpreters. the to according Moreover, Environments Accessible struction of State Council’s Council’s State reasonable and environment barrier-free at should have PWD that accommodations of legal aid their disposal during the process eleva handles, slopes, accessible 1) include: tors, warning blind sidewalk, and barrier-free tors, and text guid voice as braille, as well signs, communication 2) barrier-free systems; ance lan sign channels including professional writing-pads or text-im guage interpreters, screened and boards, age communication 3) other reason or readers; devices reading bur not too are which able accommodations case-handling le for and densome agencies gal aid institutions such as temporary slopes In workers. social by provided assistance and also provide local legal aid organs practice, services ap and online telephone including the ap as case handling at as well plications, home. plicant’s the facilities within the accessible In contrast, police, such as the legal agencies themselves court, facilities, and detention procuratorate, still problematic: firms are as law as well ------96 In contrast, the courts, upon the courts, upon In contrast, 95 accepting cases, usually have the resources the resources usually have cases, accepting language interpreters. sign hire to 95. “Medical Negligence Dispute Case of Zhan”, “the Fourth Session ‘Best Ten Legal Aid Cases for Persons with Disabilities’ in H H in with Disabilities’ Persons for Cases Aid Legal Ten ‘Best Session“the Fourth of Zhan”, “Medical Case Negligence Dispute 95. Analysis of the Experience of a Deaf Person ( a person with hearing Jing, of Xiao Xie July 2016; Case disabilities), see Cui Province”, 1, May 2016. Vol. with Disabilities, Persons Information Electronic for Talang Receiving legal Aid, Huaibei News Net, 17 Violence, Domestic from with Hearing and Speech Disabilities Suffering Wife Aid Helps 96. Duan Ning, Legal July 2015. According to current laws, the interrogation the interrogation laws, current to According of criminal suspects with hearing or speech per of the presence impairments requires sonnel with knowledge language. of sign If read, is unable to a suspect or defendant the out so that should be read the transcript vices. This is related to the high proportion to of is related This vices. visual impair and interviewees with physical 11). Moreover, study (see Figure in this ments 20 persons with based on interviews of over it is necessaryhearing impairments, make to low relatively the to explanations additional ser interpretation language demand of sign only were There 10. Figure by indicated vice hearing34 persons with impairments and 9 among the over with language impairments In surveyed. practice, were 500 PWD who is often ineffec communication “written” persons with hearing impairments for tive they usually lack a high quality educa for of command a strong tion and do not have usu they are However, Chinese grammar. expressing at competent ally completely it While language. sign through themselves of attorneys aid importantlegal is the that to and patient responsible are deaf clients an appro with their clients, communicate is no doubt language interpreter sign priate solution of a better component an essential In the case-handling forwards. moving stage persons with hearing im of the legal aid, family of pairments often need the company with communicate be able to members to in confirmed have cases several as others, this research. There is also a clear need for accessible accessible clear need for is also a There ser and listening as reading well slopes as 42

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 43 - - - - - 100 99 “ From the end of 2013 to the beginning of the beginning of to the end of 2013 “ From the around system prosecution 2014, the country pro uniform working applied the the procuratorate that It is required tocols. when handling information input relevant system the However, of cases. investigation on the suspect’s information does not require the status of be including health conditions, as having men as well mute, deaf, ing blind, “ tal illness. “ In civil cases involving PWD, aside from the aside from PWD, involving “ In civil cases person him/ the involved of a proxy, presence of state the rights also exercise herself can ment and argument. It is therefore necessary It is therefore ment and argument. During passages. barrier-free construct to explanations of types- and con oral the trial, both parties by presented of evidences tents with visual the clients to beshould provided clients with hearing impair For impairments. the ongoing trial should be shown ments, a in projectors as such textin upon devices most the to It be assured must timely fashion. extentdisabilitywith client the that knows “ what is happening. ------97 98 every participant saying: wheelchair by in might be un you that afraid but I’m ‘Sorry, Ministry The “ Security Public of con a has able to use the W.C. for this half of the day as this half of the for the W.C. use able to . ” stairs’ are there facilities, for detention struction standard pas of barrier-free the concept until now yet of the new law draft The sage is still absent. I have which facilities, detention concerning the is addressed have does not seem to read, issue should This passages. sue of barrier-free design the at consideration into betaken “ stage. 97. Lawyer Fan’s speech in a conference in July 2016. speech in a conference Fan’s 97. Lawyer in July 2016. speech in a conference Wang’s 98. Director in July 2016. speech during a conference Huang’s 99. Procurator Court, of a Basic Level Analysis with Disabilities: Case Persons to On the Judicial Assistance Yujuan, and Qiu Yunfeng 100. Li on 1 October Accessed 2011. Xincheng Court of Xi’an City Net, http://sxxcfy.chinacourt.org/public/detail.php?id=148. As important as the barrier-free facilities in importantAs facilities in as the barrier-free the case handling agencies these agencies, and court procuratorate, including police, - work their internal improve should gradually of information the include and protocols ing their case handling systems. into PWD clients can be used as a warning information This the of in stages like the review or prompt the monitoring of the detention, lawfulness notifi during detention, treatment proper cation of assigned defense, and providing providing and defense, of assigned cation so doing by Only interpreters. language sign accom reasonable and accessibility the can supportmodation be emphasized PWD for the judicial process: throughout ------101 ents by the designation of legal aid organs legal aid organs of the designation by ents bono services; pro and those who or provide to (or referred lawyers full-time legal aid are gov by as public servant employed lawyers) legal who deliver aid organs ernmental legal aid services of carrying as a matter out their In a shortage certain due to instances, duty. staff in communi non-lawyer of manpower, perform legal aid bodies can also ty-level a number of case-handling functions. represen litigation aid serviceLegal covers notarization, judicial criminaltation, defense, writing legal legal consulting, authentication, some Therefore, and other forms. documents, participatesocial lawyers the services in pur le free provide to the government chased by on residents community to consultation gal In fact, basis. certaina regular who lawyers “Warm in the legal servicework of the offices commu the of Home” “Sunshine or Home” PWD who came for that found nities have services consultation most about the asked and subsidies, living allowance” “minimum inheritance, alimony, than about marriage, property labor mentioned and land; and few and employment. who offer free legal services for disabled cli servicesdisabled legal for free offer who “Legal service workers” are persons who are persons who are are service“Legal workers” certified but are not qualified as lawyers as legal paid offer and service legal workers services legal service within community-level local legal by designated As organizations. a signifi they also cover aid organizations, example, For legal aid. of free amount cant managed 399,545 in 2014, social lawyers legal community-level while cases, aid legal ------101. A Research Institute, Survey on Legal Service Needs and Related Service for Persons with Disabilities in B City, conference Survey Institute, 101. A Research Service conference on Legal Disabilities in B City, with Service Needs and Related Persons for speech draft, December 2015. Lawyers are the most essential providers of of providers the most essential are Lawyers catego usually are They PWD. legal aid to 4.1 Lawyers and Legal Service4.1 Lawyers and Legal Providers at types two employed - lawyers into rized lawyers”) “social as to firms (or referred law cial protection is directly related to the fourth to is directly related cial protection PWD for justice to key factor equal access of legal services”) and the fifth fac (“accessible reasonable and accessibility of (“support tor judi whole the throughout accommodation cial process”). in Section mentioned As 2.1, legal aid provid legal aid ers in most cases include full time judicial au notaries, or social lawyers, lawyers legal ser and community-level thenticators, This and legal aid volunteers. providers vice part of describe their experiences is aimed to legal aid services and in PWD providing to the such as a number of other actors, troduce departments protection DPF, rights the of disabled and coordinators, DPF community they (DPOs). Although organizations people’s those services, legal provide directly not do to PWD importance vital of for are entities about legal aid and be offered informed stay of the the nature Further, judicial protection. performedjudicial mediation judges is by not the same with the legal services offered it Thus, or the social organizations. lawyers by con Yet, as legal aid. should not be counted to access sideringactualits PWD’s impact for it. this section also incorporates justice, The experience of service of judi experience The providers 4. Analysis of the Experience of Service Experience of the 4. Analysis Protection of Judicial Providers 44

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 45 - - - “PWD only account for a small proportion account “PWD only in life.” them in daily seldom meet We society. know but I do not help them, to want “I really hurting of them; I am afraid deal with to how their particularly self-esteem sensitive unin tentionally.” is there clients, with other “I think compared ones, handicapped in treating no difference who are for those mentally disordered except lawyers pay atten to need violence, to prone themselves.” protecting tion to legal for PWD and limited concern “Special good protec are for them and their capacity tion.” defection natural have persons “Disabled so it and resources, capacity and not enough their legal rights.” protect to is hard come even you do why see, cannot “You off personfell blind a who (addressing out?” injured) platform and was the subway in “It help a person problems with is easy to for those with a disability but hard the body, the clients who abused (addressing in mind.” petition system) Therefore, it is necessary to explore a model it is necessary a model explore to Therefore, (DET)Training legal for of Disability Equality relevant of illustration Further providers. aid will be practical and strategies experiences in Section 5.2. presented - - - - - 102 102 103 However, this study also found that that this study also found However, 104 there is another issue that is of equal im is of equal is another issue that there legal practi is, That portance with funding. a concep tioners and other staff do not have understanding of or updated tually rigorous is This disabilitygenerally. equalityand more from quotes the following by demonstrated practitioners legal during the interviewmany project: of the research and training 102. Legal Aid Division in Ministry of Justice, 2014 National Legal Aid Statistics (III), Justice of China, Vol. 9, 2015. Vol. Aid Division in Ministry102. Legal Aid Statistics (III), Justice of China, 2014 National Legal of Justice, Services of the Legal Market, in the Frontier of Professions Resolution and the System Hongqi, Dispute Wu Liu Sida and 103. 1, 2010. Vol. Sociology Studies, 10, 2005. Vol. Disabilities in China, with Disabilities, Persons Aid for in Legal and Strategies 104 . Zhang Shenglin, Problems In addition to the previously mentioned mentioned In the previously addition to such as imperfectissues, and legal system low communication, accessible insufficient by a challenge faced subsidies also constitute legal aid who offer and legal workers lawyers recounts, a senior lawyer As services PWD. to need to We a charity. not are we all, “After of efforts providing amount to large a devote problem so the biggest PWD with legal aid, aid their legal rights is the of safeguarding funds.” tion, 6 were handled by legal services legal work by handled were 6 tion, social 36 by and legal aid lawyers, 12 by ers, in the vast level the grassroots At lawyers. due to China, and western of central region a lack of is not only there underdevelopment, organs aid legal governmental and lawyers and funds to manpower but also insufficient legal service Thus, cases. manage legal aid case for force the main become have workers in delivering a key role play They handling. in a better and are justice community-level legal discourse formal combine position to the local knowledge render with informal to citizens. to accessible more information During the Fourth Session of “Top10 Legal Legal “Top10 SessionDuring of the Fourth in H with Disabilities” Persons for Cases Aid the 54 selected among relatively Province, litiga mostly involved that cases complex service cases. handled 361,137 workers ------In some public legal edu In some cases , the location 106 107 cation activities in suburban and rural areas activitiescation areas in suburban and rural local DPF and legal aid organs, by organized pre-assessmentsdespite com conducted by is still a lack there munity DPF coordinators, local PWD in participating. from of interest public legal the current that indicates This meet the does not adequately education needs of PWD. of some “courtyard legal services” and advo legal services” “courtyard of some stream governance mechanisms and society, society, and mechanisms governance stream in role a significant play these coordinators public to PWD of access equal promoting services In the interviews and justice. of the when talking the marginal about research, ized position of PWD groups, some leading leading some groups, position of PWD ized “Despite said, community coordinators DPF we leadership, the from attention insufficient communi The ourselves.” by must be united performed work ty-level the coordinators, by a and solidarity makes for their awareness the in promoting contribution significant of PWD. the voices represent to DPF system Generally speaking, and more in capital cities community DPF coordina areas, developed distinctive role. a rather play in general tors especial- areas, in underdeveloped However, of their func the realization areas, ly in rural example, For constraints. many tions faces are China, coordinators of central in an area of educa levels lower older in age and have in need of mini themselves are tion, many capital. social lack and allowance, living mum have In 44% of the coordinators this area, 27% know little about used computers, never the visited and 44% never PWD, policies for families of PWD.

------105 105. The main roles of community disabled persons’ federation assistants or full time committee members include: regularly visiting members include: regularly or full time committee assistants federation of community main roles disabled persons’ The 105. knowthe families with disabled members to their situation and report cooperating with relevant and needs; their problems and construction security, social departmentsgovernmental cultural life, the efforts education, employment, of rehabilitation, for to policies related and preferential of law information persons with disabilities; disseminating the of accessible facilities for and independence by self-esteem empowerment have and self-confidence,to them realize encouraging with disabilities; persons superiors. by and doing other work assigned themselves; Take - Assistants Federation and Reflections Research of the Community on the Performance Disabled Persons’ Yunfeng, 106. Li 9, 2015. Vol. Disability as an Example, in China, Changde City Hunan Province of Survey Institute, 107. A Research Service conference on Legal Disabilities in B City, with Service Needs and Related Persons for speech draft, December 2015. dling capabilities, and need to undertake undertake need to and dling capabilities, and stability-main other management many including helping taining functions, even transportation public free PWD apply for practicein oftenDPFs coop result, a As card. set up of bodies to with local legal aid erate work to lawyers or pay cases, transfer to fices provide everybasis to week a rotation on consultation. PWD with free By community comparison, coordinators DPF commissioners”) “full-time as to (also referred (in the local communities from mostly come earnestly represent They areas). cluding rural working considerable have public interest, supported skills,and are and experience by the positions funded by the public welfare of DPF, Under the guidance government. they conduct extremely meaningful work, de PWD, of collectingincluding information assisting re of policies, information livering departments function governmental to lated and representing the community level, at assert to rights communities their PWD the DPF coordinators Community and interests. and do not directlyperform offer roles many pol and laws services,legal promoting but a key particies constitutes of their work. 4.2 Rights Protection Departments and DPFs of DPF Coordinators Community Rights departments protection DPFs at of usually short are each level of professional, case-han weak have They full-time lawyers. With their wide coverage, familiarity of the familiarity of the their wide coverage, With with main- interaction local PWD and regular 46

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 47 , - - - - - People’s Mediation Law Mediation People’s In of actually terms the ac advancing 110 4.3 Mediation as a Basic Channel Basic Channel as a 4.3 Mediation to Supplement and Significant Aid Legal the to According the People’s Mediation Committee is a social Mediation Committee the People’s laws with conformity in up set organization persuading, Through settle civil disputes. to the media methods, and other comforting, tor bring partiestor a voluntary to on settlement resolve to as so negotiation, of terms equal civil disputes. is guid mediation peoples’ Community-level Affairs “Community the ed and managed by of Office” Aid “Legal than the rather Office” own its departments,has it and justice local support. budget and training independent mediation people’s of system counting The of legal aid. cases is not the same with that great cases are mediation Community-level of them do not enter and many in number, key a is mediation but procedures, aid legal legal settling cases in civil mechanism for aid. cess to justice, people’s mediation plays the the plays mediation people’s justice, to cess of of balancing the rights and interests role legal authority of order and public citizens, It in each that is noteworthy the community. public security are and medi there village, via disputes persons who settle many ation of the head under the guidance mediation aid sta station/legal justice of township (usually committee mediation tion/people’s the same and only one person), by staffed experience life with their legal knowledge, meager receive They authority. local and ------These These incidents 108

109 portant to improve the diversity of the work the diversity portant improve to environment establish an accessible force, recom Further their capacities. and develop in Section 5.2. will be presented mendations Therefore, to encourage and support more and support encourage to more Therefore, become to community DPF coordinators their and play legal advocates” “community of promoting in terms effectively more roles it is im of local PWD, justice to the access 108. Lawyer Fan’s speech in a conference in July 2016. speech in a conference Fan’s 108. Lawyer http:// Tianjin, in Spring 2016 in Heping District Assistants in Federation Community 109. Notice on Employing Disabled Persons’ be within 40 to the candidates In this notice requires area, a developed www.tjtalents.com.cn/news/canlian2016/hepingqu.htm; middle and than that of underdeveloped more are because its human resources high school education level, old and above years in China. area western 53.4% of all the civil the number of non-litigation cases in civil legal aid is 434,050, which amounts to in 2014, example, 110. For 9, 2015. Vol. Division in Ministry Aid Legal Aid Statistics (III), Justice of China, cases. 2014 National Legal of Justice, - stage of the vil play on a cacy occurs events no means users had wheelchair where lage, the stage. to of getting The research also found that persons with with persons that found also research The pro a large for disabilities account physical demonstrate that more professional and and professional more that demonstrate support and needed trainings are technical departments rights protection for of DPFs, to aid legal and coordinators, DPF community join forces. to providers of the commu portion of the coordinators than empathetic more are They nity DPF. nec not are they but able-bodied persons, commu essarilythe essential with equipped skills nication types with other of disabled and persons deaf, including blind, groups, Somedescrip job disabilities. mental with specifically point tions of local coordinators and intellectu persons with mental out that and require not qualified, al disabilities are and hearing, visual, persons with physical, perform be able to speech disabilities to assistance. without accessibility their work only those with minor physical a result, As meet the strict able to disabilities are require ments. ------114 Sometimes, with the assistance of the assistance with Sometimes, 113 “ During trial, it was found that as a disabled it was “ During trial, person, plaintiff Du had little legal awareness evidence. relevant not present and could sub also an unqualified defendant was The ject. To protect the lawful business rights rights the lawful business protect ject. To disabled of the vulnerable and interests an attorney, judges successfully conduct ju judges successfully an attorney, dicial mediation of the cases that lawyers fail lawyers the cases that of dicial mediation In Session the Fourth themselves. settle by to with Persons for Cases Aid Legal “Top10 of among the 54 rec in H Province, Disabilities” court settled by 17 were ommended cases, Somemediation. local courts require even the casing-fil PWD, involving in disputes that court medi ing pre-litigation conduct shall should the case Ifation. fails, the mediation the ruling court to also be timely transferred shortento the handling period. dence, acquire information of the case, and and the case, of information acquire dence, each to illustrate authorityuse the to of law party legal responsibil risks the of litigation, placation, offer obligations, and ethic ities, party the vulnerable provide with a timely assist them plan, and even and practical relief experts seek opinions from to in other fields install active needing to (such as whether rehabilitation) for home going and prosthesis difficulties life the about care considerately to of PWD. take the initiative to investigate, collect evi investigate, to initiative take the With proactive intervention by courts, intervention by judicial proactive With with be resolved could disputes mediation enforcement In this way, step”. “one merely especially when also be avoided, issues could is a shortagethere aid providers: of legal ------

111 112 “ Persuaded by the staff, Zheng realized his his Zheng realized the staff, by “ Persuaded agreed and violence) domestic (of problem as with 20,000 yuan with Fang divorce to support economic The compensation. and eco increase demanded to Fang next day, summoned nomic support. aid office Legal the two parties for mediation, but they again on the sum. In the concession did not make litigation. by resorted divorce to Fang end, men had intermittent that Fang Considering the problems, tal disabilities and economic the legal aid assignment completed office manner and for her in the quickest procedure the ruling court contacted actively see the to “ of the case. development The majority of staff in town-level legal aid legal aid majorityThe of staff in town-level During also servesstations as mediators. to mediation from work, switch they flexibly for representation legal and offer litigation disabled parties For via legal aid if necessary. example, 111. Zhang Wanhong and Ding Peng, Village Mediation and Governance in ModernVillage Construction - A Legal China Constitutional and Ding Peng, Wanhong 111. Zhang 6, 2012. Vol. Jiangsu Social Sciences, Analysis, Anthropology 2, 26 May 2016. Page Bao, Anhui Fazhi Violence, Domestic from Suffering Wife Aid Helps Disabled Legal 112. Cheng Feifei, and Liu Ning, Judge Used 146-149; and Zhou Shuangyou 2012, page Press, 113. Shen Zhixian, Selected Law Meditation Cases, Net, http://www. Jiayuan Canjiren Compensation, Their Not Get Could When 24 Disabled Persons Meditation the Dispute Solve to etc. 15 June 2015, cjrj.org/index.php?m=content&c=index&a=show&catid=15&id=3548, China Qiushixw with Disabilities, Net, of Persons Interests Protect to Channels” “Green Court Opened Yuepuhu Wuernisha, 114. 2015. 20 August http://www.qiushiw.com/shehuijujiao/13844.html, tion, administrative mediation, arbitration arbitration mediation, tion, administrative In and judicial mediation. mediation, partic in resolving a crucial role judges play ular, judicial mediation. of PWD through disputes PWD usually lack the sup that Considering to encouraged are judges portlawyers, from It is worth mentioning that beside people’s people’s beside It that worth is mentioning also industrial media are there mediation, ernment policies, and local customs. policies, ernment wages, strive to implement policies issued issued policies implement to strive wages, and play governments, central local and by gap between the in bridging role a major central-gov modern laws, state-formulated 48

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 49 ------The press may also lack also lack may press The 118 119 viding accessible communication and tend tend and communication accessible viding or member family of voices the on focus to In themselves. than PWD rather guardians a long-lasting at not have addition, they do specific cases and can span towards tention lawyers “committed” the that not guarantee by not motivated with are they collaborate media coverage. mental disabilities to express their will freely will freely their express to disabilities mental cases. in judicial and Insolidarity groups, with vulnerable interest, best public’s the for advocates as media and journalists can also take part in there However, PWD. for legal aid promoting the with regards also ongoing problems are mass the of members example, For media. media oftenneglect the importance of pro ive attitudes of PWD family members is also also members is PWD family of attitudes ive very important. 58.5% of the PWD participat piv “a ed in this survey opinion that held the otal aspect of PWD rights is in the protection is undertaken that of responsibility the level 40% of the re family members”; PWD by to confident not sufficiently were spondents and the legal system navigate independently or of social workers “the company preferred legal aid providers Meanwhile, guardians”. Moreover, rights awareness and the support rights awareness Moreover, an awareness about issues of (in)equality about issues of (in)equality an awareness PWD, when reporting involving about cases surrounding stereotypes reinforcing thereby disability and normalizing the use of pejora tive phrases such as “defect”, “incompetent”, “incompetent”, “defect”, such as phrases tive engage in a law to “difficult and “pathos” suit”. - - - - - 115 116 Moreover, legal aid aid legal Moreover, 117 persons and reduce their litigation burden, burden, their litigation persons and reduce Court its efforts enhanced co of the People’s ordination and finally brought a mediation mediation a and finally brought ordination of between Duagreement and the company in a person involved not initially was who Yi, and the lawful business rights Thus, the case. in effect. ” protected of Du were interests er professionals. In the same way that sign sign that In the same way er professionals. is an indispensable language interpretation lawyers between communication of means work social the judicial clients, deaf the and enable persons with to force er is an integral for PWD requires the participation of legal participation the legal of requires PWD for as the support as well of oth professionals 115. “Property Damage Case of Du v. Zhang and He”, Ten Typical Cases of Rights Protection for Persons with Disabilities Announced with Disabilities Persons for of Rights Cases Protection Typical Ten Zhang and He”, “Property of Du v. Case Damage 115. 14 May 2016. Court, http://www.court.gov.cn/zixun-xiangqing-20871.html, People’s the Supreme by 2015. 2, 14 August Page Zhangjiajie Daily, Disability Solves Actively Disputes, Town 116. Qiu Deshuai, Sangzhi Human Report on China’s “Annual in Junru Li, ed., Aid and Human Rights Protection, Legal and Ding Peng, Wanhong 117. Zhang 2012. (China), Social Press Science Academic (2012)”, Rights No.2 with Persons Information Electronic for Talang Receiving legal Aid, Analysis of the Experience of a Deaf Person Jing, 118. Cui 1, May 2016. Vol. Disabilities, Consultative Political of Disability in China, the Chinese People’s Coverage 119. Shu Di, Monitoring Media’s Report on the Press Media Should Report with Cong, Cai Persons Net, http://cppcc.people.com.cn/n/2013/1217/c34948-23857230.html; Conference http://cul.qq.com/a/20140612/069149.htm. Perspective”, “Equal Disabilities in an The current legal aid system relies greatly greatly relies legal aid system current The and legal lawyers, on legal aid personnel, but level, service the grassroots at workers participation the on emphasis places also it includes This of the society. of other forces and legal clinics, legal aid centers university (CSOs) legal aid civil society organizations and aid legal a Zhou, Tong Yu Feng as (such and DPOs, other PWD), for center research volunteers. aid legal 4.4 Positive Influence of Other Influence 4.4 Positive Stakeholders grates strategies of “flexible justice”, social social justice”, “flexible of strategies grates In fact, insurance. stability livelihood and by favored mechanism a also is meditation its local sta into DPFs and thus incorporated bility-maintaining efforts. This is one of the features of China’s judicial judicial of China’s is one of the features This and inte litigation – it goes beyond system ------(Fig 122 121 Selection of Cases on on Cases of Selection help. She said no. Then I asked who helped helped who I asked Then She said no. help. the indictment, me her write and she told lawyera ask to spent yuan had 500 she that knew intel her about Everyone this. write to lectual disability, but nobody gave her prop but nobody gave lectual disability, I also talked her family. not even er guidance, staff. with the community about her problem she had lost her mind me that just told They person. ” a problematic and was ure 12-14), lawsuit cases reached as many as as many cases reached 12-14), lawsuit ure the majority cases cen of the 112, whereby tered upon persons with physical disability, disability, upon persons with physical tered on-du- accidents, traffic and cases caused by factors These and personal injury. ty injury, highly correlated. are Protecting the Rights of PWD in China the Rights Protecting creased legal aid and legal representation in in legal aid and legal representation creased mech resolution dispute court, alternative reconciliation, anisms – such as mediation, – carried out by and legal empowerment pro also can coordinators DPF community solutions. systemic vide effective first devel was the legal aid system When the the main method of protecting oped, carrying through rights of PWD was out a among the 156 cases example, For lawsuit. 2006) in the (before 4.5 The Significance of Diverse of Diverse 4.5 The Significance Mechanisms Dispute Resolution Empowerment and Legal of PWD and achieve disputes the resolve To in in addition to justice, to equal access - - -

120 “ At that time, she (mother of an intellectual she (mother that time, “ At about her son’s ly disabled person, consulting “My and said, for a moment thought divorce) discrimination and from child has suffered the societyrejection by the day he was from child can that my believe born. But I always and loves, one he He knows the get married. he also knows who he should marry and who said that her mother This up with.” break to be a plaintiff child is a whole person who can “ launch a lawsuit. the right to and have “ In 2014, she (with Degree-3 mental disabil once. ity) her lawsuit for divorce withdrew the same story happened later, years Two why asked and June this her met I again. on the lawsuit and let me help her she didn’t another lawyer for whether she has asked 120 Lawyer Fan’s speech in a conference in July 2016. speech in a conference Fan’s 120 Lawyer 2016. in July speech in a conference Cao’s 121 Lawyer Braille China China, in Disabilities with Rights the of Persons Selection on Protecting of Cases Wuguang, and Jia Bo122 Shaoye 2007. Press, bers, out of love and affection, might place place affection, might and out of love bers, acquired justice on the equal emphasis more the in “stick who lawyers the than PWD by of is an example case below The of law. mud” this: found that a great number of family mem number a great that found The reasons why lawyers providing legal aid aid legal providing lawyers why reasons The servicessupportneed PWD of to level the at Despite both the community family. and the lawyers and hardworking, being responsible partake to energy limited in such have may their given the same time PWD, cases; at barriers many overcome to have conditions, their personal attitude, their own by (created to wider community)the in order and family ideas These services the lawyer. access from case: the following by encapsulated are 50

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 51 - - - - who ask for rights protection rights for who ask Figure 13: Disability statistics of clients 13: Disability of clients statistics Figure portant role in cases such as compensation portant in cases such as compensation role com salaries, back claim on-dutyfor injury, pensation for the demolition of property. the demolition of property. for pensation decision and me the arbitrator’s Moreover, reconciliation duringdiation labor disputes, reconciliation litigation, administrative the in the or and even trial in criminal cases, before departments administrative deal ders from ing with some policy can all serve problems mechanisms. resolution as effective - - - Figure 12: Solution of the Figure Figure 14: Statistics of the reasons of the right-protection cases of the right-protection of PWD of the reasons 14: Statistics Figure rights-protection casesrights-protection of PWD nance, medical dispute, and other labor dis labor other and dispute, medical nance, 42% and court for mediation account putes) on-duty accidents, traffic (including many and divorce, and other labor disputes, injury, for account etc.) inheritance, maintenance, an im also plays mediation 30%. People’s Until now, among the 54 selected cases in among the 54 selected cases in now, Until Cases Aid Legal “Top10 Session of the Fourth Province H in Disabilities” with Persons for 15), court decisions (cases of on-duty(Figure mainte injury divorce, accident, and traffic - - - - - Services such as providing Services such as providing 123 daily care, sheltered work placements and and placements work sheltered daily care, persons for provided are training vocational disabilities and intellec physical with severe tual disabilities, and support communi tual disabilities, for for is also provided ty-based rehabilitation social Professional disabled persons. mentally pro for usually those responsible are workers they are viding these services. In particular, of empowerment familiar with the concept – and “helping help themselves” people to – closely with the community DPF coor work overcome to and other volunteers dinators social characterize that usual limitations the further PWD to empower to in order work improve and life self-motivation their own ments. shine station”. - - - - Figure15: Case resolution method of typical resolution H province in cases legal aid of PWD Case Figure15: 123 The State Council, Thirteen-Five Plan for Accelerating the Process of Well-Off Society of Persons with Disabilities, http://www. Disabilities, with Well-OffSociety Persons of of Process the Accelerating for Plan Thirteen-Five Council, State The 123 gov.cn/zhengce/content/2016-08/17/content_5100132.htm. It is necessary the prioritize consolidating to pro to systems resolution dispute existing mote the equal access to justice for PWD on on PWD for justice to access equal the mote case-by-casean individual, It basis. is also important the structural reasons explore to and cultur social, economic, within political, the discrimination lead to al dimensions that of PWD and devise how and unfair treatment legal empower take comprehensive best to actionsment under these constraints. is empha- as the government Interestingly, of social governance, sizing the innovation of public servicethe equal provision and the of social services, many purchase increased (sub-districturban communities have level) PWD such as for established organizations “sun and home”, “sunshine “warm home”, 52

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 53

- - - - - Be with 126 – depends on PWD themselves (indi themselves – depends on PWD 125 legal aid”. This means that they cannot just cannot just they means that This legal aid”. of the legal questions on the specific focus traditional the go beyond need to case but strengthen to attorney-client relationship This lives. daily capacity their the in PWD of a com employing by can be made possible pro also considers that strategy prehensive servicesviding various public PWD such for and education caregiving, as rehabilitation, Solving the almost insolvable employment. “the most of PWD–problems the so called - the govern by difficulties” difficult of all the ment vidually or organized) to fight for their basic their basic for fight to vidually or organized) and community professionals Legal rights. should be lawyering legal advocates sides the provision of legal aid on a case-by-sides the provision these actions base basis, include public also community self-advocacy, litigation, interest support and mobilization, development and capacity building of community legal advo cates. PWD, rather than for them. Together, they they Together, them. than for rather PWD, of the problems, the social roots can target basic legal knowledge skills,share and and of PWD and resources build the confidence everyone. for work make the law to ------Under the context of promoting of promoting Under the context 124 the rule of law, judicial reform, and judicial judicial and reform, judicial law, of rule the rights national-wide, of human protection on uphold legal practitioners should focus Therefore, legal professionals and communi and professionals legal Therefore, ing the social work principle of “help people principle of work social the ing by can be achieved This help themselves”. to and institutional frame the law integrating dignity and rights with the inherent works multi-stake community-based, of PWD into holder actions PWD. led by community particular, (in tyadvocates legal and activists diverse from DPF coordinators in re a role not only play PWD communities) PWD but also solving the individual cases of “alternative for a space of creating in terms 124 Zhang Wanhong and Ding Peng, Village Mediation and Governance in ModernVillage Construction - A Legal China Constitutional and Ding Peng, Wanhong 124 Zhang UN the in found be can empowerment legal for explanation The 2012. 6, Vol. SocialJiangsu Sciences, Analysis, Anthropology of the report Everyone, version the Chinese can be for Work Making the Law of the Poor, Empowerment on Legal Commission Nations Development Programme. the United of seen on the official website http://www. Disabilities, with Well-OffSociety Persons of of Process the Accelerating for Plan Thirteen-Five Council, State The 125 gov.cn/zhengce/content/2016-08/17/content_5100132.htm. 2011. University Press, Wuhan Forum, Law Luojia Report Litigation in the Philippines, Interest on the Public Wanhong, 126 Zhang Here, empowerment means that PWD have PWD have that means empowerment Here, capacity freedom and confidence, increased and take actions them make choices to by selves. More specifically, legal empowerment legal empowerment specifically, More selves. equipped PWD are that the ways to refers and informal of formal make the best use to jus to access their equal increase to laws action, or collective individual through tice be development, their rights-based realize and gain mastery over poverty, from relieved their lives. - - - - - rights awareness, provide support for key support key for provide awareness, rights coordina (DPF advocates legal community participation and encourage tors), of pro in the social organizations and bono lawyers scaling up The of legal aid services. provision certainly depends of these improvements and legislation national of on the promotion policy-making.also study the In context, this evi relevant for recommendations provides dence-based legal and policy advocacy. For the over 500 PWD involved in the ques 500 PWD involved the over For the biggest surveytionnaire of the study, when seek they met challenges or obstacles and justice to equal access acquire ing to rights and inter their legitimate safeguard 16: in Figure shown ests are 5.1 Challenges of Equal Access Access 5.1 Challenges of Equal the for PWD from Justice to Demand-Supply Dimension - - Figure 16: Challenges PWD think they face when acquiring access to justice to access when acquiring face think they PWD 16: Challenges Figure tained efforts to achieve real change. The The change. real tained efforts achieve to rights the specific legal needs, study presents experience justice to and access awareness strat bottom-up as feasible as well of PWD, at innovation social governance for egies assess to including how level, the grassroots stakeholders’ influence legal needs of PWD, 5. Conclusions and Recommendations 5. Conclusions draw merely report to This intend does not issues macro-level the relevant to attention – such as justice to access hamper PWD that for the stark of funding and manpower lack argue to seeks it Rather, aid. legal providing practitioners scholars and that alike should the for “pleading mindset of not assume the with PWD issues when engaging vulnerable” of work. lines in their respective Instead they of the diversity true respect for must show the agency on bringing focus of people, a two- to adhere consideration, PWD into that with PWD in a way communication way participation equal in latter’s the advances sus and committed devote and dialogue, 54

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 55 , ------Legal General Rules of of Rules General Detention Facility’s Law Detention Facility’s and in response to the relevant the relevant to and in response ; and the CRPD nisms for PWD and realizing their rights their realizing and PWD for nisms and incorpo not fully diversified are and they lack the rule of law, into rated the perspectives of legal empowerment (4.3, 4.5). holders, including the rights protection rights protection including the holders, Women's departments the of the DPFs, the groups, social other and Federation and DPOs community coordinators DPF (4.2, 4.4); ty related issues (3.5); ty related departments are insensitive to disabili to departments insensitive are tions are yet to be improved (3.5); be improved to yet tions are Limited involvement of other stake other of involvement Limited The current dispute resolution mecha resolution dispute current The The internal work protocols of the legal the of protocols work internal The The barrier-free facilities of legal institu facilities barrier-free The special provisions on disability in the special provisions Aid Law such drafted being currently are which the participation it encourages that of so Civil Law cial forces in providing legal aids to PWD, PWD, to aids legal providing in forces cial and establishes the equal legal capacity drafted the in PWD for · · · · tors to ensure equal access to justice men justice to equal access ensure to tors tioned in Section specific put forward 1.1, and of legal advocacy, recommendations actionable strategies. and share experiences ing evidence-based and policy legislation advocacy can be conducted: includes legislation national that 1) Advocate 5.2 Strategies of Promoting Equal Equal Promoting of 5.2 Strategies for PWD Justice to Access fac key the five section to This will respond System the Legal 5.2.1 Improve with ArticleIn 2 and Article accordance 12 of the the follow in Sectionissues raised 2.2 above, - - - - - yers, legal service workers, and staff of service legal and staff of workers, yers, procuratorial public security organs, courts and other and people’s organs and departments lack a comprehensive understanding of rigorous conceptually both disability and equality (4.1); reasonable accommodation through through accommodation reasonable makes it hard the whole judicial process the and timely to effectively respond to legal needs of PWD (3.3.2, 3.5); of PWD can hardly be resolved through through be resolved of PWD can hardly (3.3.1, 3.3.3); judicial process able legal services, and little is known services, known legal able is little and about legal aid (3.2); lives are still largely confined to the do the to confined still largely are lives social of Especially under the influence they are discrimination and prejudice, of their ability take to not confident and disputes legal action resolving for gen Moreover, their rights. protecting (3.2); laws mestic sphere, as well as their injuries in as well mestic sphere, and accidents, the workplace and traffic less opportunities particithey have to 4.5); (3.1, life of social in other areas pate im- be to yet has PWD of awareness der (3.2, 3.3.4); proved The lack of accessibility support and support lack of accessibility The and Many rights-related issues in the lives issues in the lives rights-related Many The disputes of PWD reflect that their their of PWD reflect that disputes The It is difficult for PWD to access afford access It PWD to is difficult for Legal service providers, including law service Legal providers, The rights awareness of PWD is limited. of PWD is limited. awareness rights The PWD do not know relevant much about · · · · · · · On the topic of serviceOn the topic delivery: On the topic of legal demand: On the topic In light of the analysis in Sections in In of the analysis light 3 and 4 of in exist challenges this report, the following justice: to access equal PWD’s

, - - th 131 on providing providing on Outline of the 13 the of Outline disseminate sign sign disseminate ; 130 132 : CRPD produce tailor-made Q & A booklet tailor-made on how produce Some local DPFs legal aid. PWD can access a consumer’s compiled have instance for PWD rights manual for accessible information and adding subti information accessible Five-Year Plan for Speeding up the Well-off up the Well-off for Speeding Plan Five-Year Persons Disabled of Process in language interpretation tles and sign TV different the to in response programs needs of PWD; language-interpretedaid videos legal questionnaire survey as an important surveyquestionnaire important as an legal which PWD obtain channel through necessary is integrate it to information, the of the requirements For example, organize theater-style legal legal theater-style organize example, For both people with and without for education hearing impairments, tion. awareness), to reduce instances of human instances reduce to awareness), media of process the in violations rights 2) Considering that TV was indicated in the TV the in indicated was that Considering 2) 5.2.2 Produce Understandable Legal Legal Understandable 5.2.2 Produce Information understandable more disseminate In to order the following PWD, among information legal Article with 8 and can be done in accordance Article 21 of the 1) public education. of legal the forms Innovate - - - - - to relevant relevant 128 Charity Law Anti-Domestic Violence Violence Anti-Domestic further enlarge the relevant further the relevant enlarge 129 ) such that they show an attention an attention they show ) such that 127 courage the participation social courage diverse of of legal aid in the provision organizations more and extensive services more are that specialized. methods and social governance resolution the significance to attention pay policies, dispute and other informal of mediation local encourage and channels resolution peo for trainings provide to governments the incorporates which mediators ple’s critical perspectives of equality (especially perspectivegender disabilityand equality policy space to increase supportpolicy increase to space and en tation and enforcement of national laws laws national of enforcement and tation the as (such Law to PWD equality; and also focus on the the on equality; PWD to focus also and the of implementation further improve the mechanisms for CSOs’ CSOs’ mechanisms for the further improve participation of legal aid in the provision where services. the circumstances Under in limited departments are justice local direct legal aid their capacity provide to services due a lack of resources, government departments need to take departments take government need to development the vigorous account into the partici mobilize of CSOs in China to in the provision of social resources pation of public services of hu protection and man rights, 3) Engage in the promotion of local dispute dispute of local 3) Engage in the promotion 127 This research found that for some county level government branches, local women’s federation, disabled persons’ federations, federations, disabled persons’ federation, women’s local county some branches, government level for that found research This 127 and judicial departments, local law-enforcing and even they lack guidance in implementing the anti-domestic and violence law regulation. or local enforcement judicial interpretation the issue of related waiting for are in still aid are legal which provide provinces middle the and the west in level township stations at most justice example, For 128 The service. ability provide Seelimited Xiao Han, to and have responsibilities” many staff, “one station”, one staff, “one of status the Public Changsha City, during Study of - A Case the Judicial Reform Should be Emphasized of Justice Organs Role and Function 1, 2015. Vol. & Law, Administration - A New and its RoleThe Development of Social in Human Rights Organizations Protection Wanhong, and Zhang 129 Ding Peng 2015. (China), Social Press Science Academic Human Rights (2015)”, Report on China’s “Annual in Junru Li, ed., Wuhan, Study of Case Wuhan CityWuhan in 2016 carried out by DistrictWuchang of programs 130 It session public interest of the third is a small grant in public service. involved social organization a local registered SocialEast-Lake Advancement, Institute for times 44,000 than more for been viewed has video 9-mintues The http://v.qq.com/x/page/t0310x5dsdr.html; video: the of Link 131 the country places all over with hearing sent messages to disabilities in many have Persons months since it was put online. in three including legal consultation. It of legal popularization. the influence of this form the author of the video, has shown Rights, http:// Their Protect to with Disabilities Know and Dare Make How Persons of Qidong City, Federation 132 Disabled Persons’ cl.nantong.gov.cn/art/2015/12/11/art_42437_2006726.html. 2) Provide advice on the local implemen on the advice 2) Provide 56

Equal Access to Justice for Persons with Disabilities in China Equal Access to Justice for Persons with Disabilities in China 57 ------: CRPD community, especially using the participa especially using community, of awareness rights raise to education encourage stakeholders, other PWD and le free rights to claim their PWD to more tory meth community needs assessment (claims) of PWD voice make the to od, people. more by heard the government, gal services by provided their protect to and actively the law use rights and interests. Training (DET) Training is tailor-designed that for legal aid providers. in and pre- post-questionnaires The and terviews on DET it that study show this in and change the awareness is possible to about disabilityattitudes and equality example, For stakeholders. among diverse show to the participants likely more are hu of disabilityform of a as recognition of rights equal the identify diversity, man ac and employment, education, in PWD of needs the for care show justice, to cess the support with expanding agree PWD, services PWD, to available of professional external remove the need to and realize one participant As PWD. barriers by faced of DET the legal departments from said, understand “the has changed my training facing I had been avoiding ing of PWD. ev the idea that but now PWD squarely, equally is rooted eryone should be treated brain.” deeply in my 2) Understand the legal needs of PWD in the needs of PWD the legal 2) Understand 3) Conduct human rights community-based 5.2.4 Provide Accessible Legal Services Legal Accessible 5.2.4 Provide of legal services still the most are Providers jus to access of system the in force dominant they provide that ensure and to PWD, by tice legal servicesequal and accessible PWD, to can be done in accordance the following with Article 13 of the Disability Equality and promote 1) Develop ------, CRPD corporate the experience of PWD, includ of PWD, the experience corporate and ing the community DPF coordinators as so advocates, legal community other of legal information make the content to understand. easier to powerment strategies which could in which could strategies powerment working with community clude PWD, primarily the community legal advocates, and activists of diverse DPF coordinators as other as well disability communities, long been going who have professionals volunteer provide the community to to services; support them to and encourage of the com the mobilization coordinate stakeholders and adopt multiple munity’s realize to legal aid strategies alternative of PWD development the right-based (such as the me is not enough” “law when in 3.3.4). case shown diation phones, develop mobile application mobile application develop phones, online the facilitates that software (APP) and of legal information, dissemination and rights information legal incorporate service of in the new forms and support, and cloud ser such as online employment vice; needs different to in response education disabilities; different of persons with 4) Develop community-based legal public legal public community-based 4) Develop in materials, legal of In5) development the 1) Explore in-depth1) Explore community legal em ing can be done in accordance with Article 8 ing can be done in accordance of the Rights awareness and positive attitudes of of attitudes and positive Rights awareness basis on the the PWD as rights-holders are their pursue PWD can independently which the follow Therefore, justice. to equal access 5.2.3 Raise Awareness and Build and 5.2.3 Raise Awareness Rights-holders of the Confidence 3) Noting the growing influence of smart of influence the growing 3) Noting ------Meanwhile, Meanwhile, 133 states: “In order to help to ensure ensure to help “In to order states: at the domestic level, grassroots legal aid legal aid grassroots the domestic level, at training, a high demand for agencies have lack of ex is a great there but in reality, and expert trainers perienced support for development. professional continuing the for frameworks and evaluation toring Addi and scale up the trainings. trainings, solutions effective more explore tionally, connect better the PWD communities that legal sec with the decision-makers of the tor. cance of training for civil servants civil dis on for training of cance ability equality awareness. effective access to justice for persons with with persons for justice to access effective promote shall Parties States disabilities, those working in for training appropriate of justice, administration the field of the There prison and staff.” including police reports also many in the international are out the signifi community point which the legal departmentsthe legal security (public or and people's organs, procuratorial gans, Article 2, courts). paragraph 13 of the As CRPD 3) Conduct empirical studies, develop moni develop 3) Conduct empirical studies, 2) Develop and promote DETs designed for for designed DETs and promote 2) Develop - - - - ; Regulations on the the on Regulations , to provide support and reasonable provide , to for nizations to explore best practices, encour best practices, explore to nizations age and supervise the legal departments and legal service take the lead to agencies the implementing in Accessible Environments Construction of ity and establish a coordination platform platform ity coordination and establish a above mentioned trainings the through institutions, the help of related and with and legal professionals more encourage ac participate to in providing social forces legal services PWD. cessible for 133 For example, Australian Human Rights Commission: Access to Justice in the Criminal Justice System for People with Disability, with Disability, People for Justice in the Criminal to Justice System Human Rights Access Australian Commission: example, 133 For April 2013, https://www.humanrights.gov.au/our-work/disability-rights/publications/access-justice-criminal-justice- Issue Paper, system-people-disability. cess: - orga with various professional 1) Cooperate The main reason why the access to justice justice to the access why main reason The a specialized by highlighted of PWD shall be in to as referred human rights convention, Sectionreport,of this 1.1 the barriers is that shall be removed face likely to more PWD are Articlewith Article and 5 of 9 accordance in CRPD the whole pro throughout accommodation 5.2.5 Ensure Accessibility Support Accessibility 5.2.5 Ensure Accommodation and Reasonable Process Judicial Whole the Throughout 2) Disseminate new ideas of disability new ideas of equal 2) Disseminate 58

Equal Access to Justice for Persons with Disabilities in China