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National Human Rights Action Plan of China (2016-2020)

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The State Council Information Office of the People's Republic of China issued the National Human Rights Action Plan of China (2016-2020) on Thursday.

China SCIOUpdated: September 29, 2016

III. Rights of Specific Groups

Targeted measures shall be taken to satisfy the special needs of various groups and to protect the lawful rights and interests of ethnic minorities, women, children, elderly people and the disabled.

(1) Rights of ethnic minorities

The state will prioritize the development of ethnic minorities and ethnic-minority areas, respecting and protecting the rights of ethnic minorities.

·The right of ethnic minorities to participate in the management of State and social affairs on an equal footing shall be guaranteed by the State. Their ability to participate in the deliberation and administration of State affairs shall be improved. The state will make sure that minority groups have a proportionate number of representatives in organs of State power and administrative, judicial and procuratorate organs at both the central and local levels. It will improve the work to build up the ranks of ethnic-minority civil servants, and ethnic-minority citizens shall enjoy favorable treatment in accordance with the law when they take the national civil service examination.

·The right of ethnic minorities to economic development shall be guaranteed. The state will continue to help boost the economy of ethnic-minority areas by increasing budgetary input and financial aid, improving infrastructure and supporting competitive industries and economic endeavors with distinctive features of minority areas, to see to it that absolute poverty in these areas shall be basically eliminated by 2020 and that the major indicators of economic development of these areas shall be higher than the national average.

·The right of ethnic minorities to enjoy equal access to public services shall be guaranteed. Efforts shall be made to channel public service resources to the ethnic autonomous areas, and strengthen trans-provincial/regional pair-up assistance to further narrow the gaps in the incomes of urban and rural residents, as well as in compulsory education, medical care, and social security between ethnic autonomous areas and the national average.

·The right of ethnic minorities to education shall be guaranteed. Efforts shall be made continuously to transfer more public education resources to ethnic-minority areas and strengthen pair-up assistance in education; to support ethnic-minority areas in standardized construction of compulsory-education schools, so as to realize the balanced development of compulsory education in each county by 2020; and to help ethnic-minority areas train teachers who will go and work in the rural areas. The proportion of students enrolled from ethnic-minority areas to vocational schools in central and eastern provinces and cities shall be raised appropriately. Renewed efforts shall be made to run well special classes for ethnic-minority students in hinterland areas. Importance shall be attached to the training and utilization of skilled people of ethnic minority origin in all professions.

·The right of ethnic minorities to learn, use and develop their own spoken and written languages shall be respected and guaranteed. The language education level of ethnic minorities is constantly being raised and bilingual teaching increased in ethnic-minority areas. Their right to litigate in their own languages is protected.

·The cultural rights of ethnic minorities shall be guaranteed. The State shall protect and pass on the traditional culture of ethnic minorities, and step up efforts to protect, rescue, sort out, publish and research ancient books of ethnic minorities. It shall encourage the creation of literary works of ethnic minorities, and support innovative realistic works featuring integration of ethnic cultures. It shall increase support for the ethnic-culture industry with distinctive features.

·Urban work regulations concerning ethnic minorities shall be revised to protect the legitimate rights and interests of ethnic minorities in urban areas.

(2) Rights of women

The basic state policy of equality of men and women shall be implemented. Objectives set in the National Program for Women's Development (2011-20) shall be realized to eliminate gender discrimination, improve the environment for women's development and protect the legitimate rights and interests of women.

·Efforts shall be carried on to promote equal participation of women in the management of State and social affairs. The proportion of women delegates to the people's congresses and CPPCC committees at all levels shall be gradually increased, so shall the proportion of women in the leadership of the people's congresses, governments and CPPCC committees at all levels. By 2020, women members shall make up over 30 percent of total members of villagers' committees, over 10 percent of the villagers' committee chairpersons, and about 50 percent of the members of urban residents' committees.

·Efforts shall be made to eliminate gender discrimination in employment, payment and career development. Special labor protection for women workers shall be made an important content in labor security and safety supervision. Annual assessment shall be conducted in this regard.

·Women's right to health shall be protected. Efforts shall be made to improve the maternity service system in urban and rural areas, and provide basic medical and health services for pregnant and lying-in women. By 2020, the mortality rate of pregnant and lying-in women shall drop to 18 per 100,000; an additional 89,000 obstetric tables and 140,000 obstetricians and midwives be added. The screening of common gynecological diseases shall be raised, and the scope of free checkups for cervical and breast cancers be expanded for rural women. Healthcare services for migrant women shall be improved.

·Women's rights of marriage and the family shall be protected. A system of paid maternity leave for male workers to accompany and attend to puerperal wives shall be introduced. Great efforts shall be made to develop nurseries for kids under three years old to help women balance work and family duties. Women's property rights and interests in marriage and the family shall be protected.

·The Anti-Domestic Violence Law shall be enforced. The multi-departmental cooperative mechanism for the prevention and prohibition of domestic violence shall be improved, so shall an integrated working mechanism that combines prevention, prohibition and assistance. Social organizations shall be encouraged and helped to take part in the work against domestic violence.

·China's Action Plan Against Human Abduction and Trafficking (2013-20) shall be implemented and effective efforts shall be made to prevent and crack down on such crimes in accordance with the law.

·Steps shall be taken to prevent and stop sexual harassment of women.

(3) Rights of children

The principle of "putting children first" shall be upheld, the responsibility of the government and the whole of society for the protection of children's rights and interests shall be highlighted, and the goals set in the National Program for Children's Development in China (2011-20) shall be fully realized.

·The Law on the Protection of Minors shall be amended.

·The children guardianship system shall be improved, and a social network for the care of minors shall be established. A guardianship system, which is based on family guardianship, guaranteed by supervision of relevant institutions and persons such as the neighborhood and school, and supplemented by state guardianship, shall be established in due course. The legal system shall be improved to remove the guardianship status of parents or other custodians who fail to perform their responsibilities or seriously infringe upon the rights and interests of children under their guardianship.

·Children's right to health shall be effectively protected. The state shall establish a service system to prevent and treat birth defects, covering the pre-pregnancy, pregnancy and neonatal stages, and accessible to both urban and rural residents. The State shall also enhance the prevention and treatment of childhood diseases and injuries. By 2020 the mortality rate of infants and kids under the age of five shall be no higher than 7.5 per 1,000 and 9.5 per 1,000, respectively. The vaccination rate under the national immunization program, calculated by taking the rural township as the basic unit, shall be kept above 95 percent. The nutrition-enhancement program for students receiving compulsory education in rural areas shall be carried on. Physical education in schools shall be given great priority in order to constantly improve the students' physical health. More guidance shall be given to improve the mental health of minors.

·Protection of children's rights and interests in property shall be improved. Protection shall be extended, in accordance with the law, to the children's rights to proceeds generated by property, bequests, intellectual property right, right of inheritance, and independent right of property dominion within certain limits.

·Comprehensive maintenance of public security on and around school premises shall be strengthened, school bus safety management shall be enhanced, and violence on campus shall be prevented and stopped.

·A social environment conducive to the involvement of children shall be created. Encouragement and support shall be given to children to participate in family, school and social affairs, and channels shall be opened up for children to get involved and express themselves.

·Children's right to leisure and recreation shall be guaranteed. Efforts shall be enhanced in the construction of facilities for children's activities and services in communities. By 2020 there will be "children's homes" in over 90 percent of urban and rural communities. At least one full-time or part-time social worker in relation to children shall be employed in each urban subdistrict and rural township. The schoolwork load shall be lessened by addressing both the root cause and symptoms.

·Deprived children shall be taken care of. Children's welfare and service systems at city, county, township (subdistrict) and community levels shall be established, in addition to the implementation of a plan for the construction of children's welfare institutions and institutions for the protection of minors at the county level. The system of welfare for deprived children shall be improved. The security system for orphans shall be perfected. The level of guarantee for the rights to life, education, healthcare and other rights of AIDS-affected children and prisoners' children under 18 years old shall be improved. Greater protection and care shall be extended to children of migrant workers left behind in the countryside.

·A working mechanism against violence to children shall be in place, which will prevent, monitor, report, investigate, evaluate, and handle cases of violence to children and provide necessary assistance. Great store shall be set on punishing the abduction, maltreatment and abandonment of children, forcing children into begging and other illegal criminal activities, including all forms of sexual abuse of children. Severe punishments shall be meted out to criminal activities, such as employment of child labor and exploitation of children.

·Every attention shall be paid to reducing the number of arrest, prosecution and imprisonment of juvenile suspects. Reform shall be made of the working mechanism in relation to the trial of minors and children-related family cases, and a mechanism shall be established to link up judicial and administrative protection of children. Efforts shall be made to do well in community-based correction of juvenile delinquents.

(4) Rights of the elderly

The social value to respect, provide for and help the elderly shall be carried forward, and mutual care projects for the elderly shall be undertaken. A mechanism to address population aging shall be developed to effectively protect the legal rights and interests of elderly people.

·An old-age service system, which is based on individual families, backed by the communities, supplemented by different institutions, boasts a more complete range of functions, is of an appropriate scale, covers both urban and rural areas and combines medical treatment with endowment care, shall be established. The old-age service market shall be open fully, and various market players shall be encouraged to increase the provision of old-age services and products by multiple means such as buying services and equity cooperation. By 2020 the old-age service facilities shall appear in over 90 percent of urban communities and 60 percent of rural communities.

·A system of old-age medical care service combining prevention with treatment and boasting diversified development shall be improved. The accessibility of healthcare services to the elderly and their health management rate shall be improved.

·A guardianship system for the elderly shall be set up and improved.

·Preferential treatment for the elderly shall be strengthened, and the social welfare system and assistance system geared toward the elderly shall be improved. A subsidy system for the elderly advanced in age, in straitened circumstances, and incapacitated shall be put in full shape.

·Policies, regulations and normative standards in relation to livable environment for elderly people shall be established and improved. Continuous efforts shall be made to increase the barrier-free rate in newly-built public facilities and facilities geared toward elderly people, and press forward with the development of an environment friendly to the elderly people.

·Efforts shall be made to forge ahead with the construction of public cultural facilities for the elderly, and encourage public cultural institutions to make more free programs available to elderly people and to increase the supply of public cultural products to this group.

·Efforts shall be made to integrate the functions of community old-age service facilities with those of sports facilities, encouraging communities to organize physical activities appropriate for the elderly by using public service facilities and other venues.

·Greater encouragement shall be given to the development of social organizations for elderly people, the coverage of grassroots elderly people's associations shall be further expanded in urban and rural communities, and their will and level of participation in social development shall be enhanced.

(5) Rights of the disabled

The system of the protection of the rights and interests of the disabled shall be improved, the level of social security and basic public services for the disabled shall be raised, and efforts shall be made to bring them more opportunities to participate in social life on an equal footing and protect their human rights.

·A system shall be fully implemented to provide living allowances to financially-challenged disabled people and nursing allowances to the severely disabled population. Families with disabled members that meet certain requirements, and the jobless and severely disabled adults who rely on their families for support are eligible for subsistence allowances. More medical rehabilitation services shall be brought into the scope of basic medical insurance. A system shall be established to provide rehabilitation and assistance to disabled children. Places where the conditions permit shall subsidize the financially-challenged and severely disabled people in their purchase of basic assistance devices. The basic housing needs of the disabled shall be first guaranteed. Break-even security shall be offered for the basic livelihood of the disabled.

·The State shall carry out rehabilitation services for the disabled. It shall promulgate and put into force the Regulations on Disability Prevention and Rehabilitation. Basic and targeted rehabilitation services shall be provided to the disabled, with the focus on disabled children and the identified disabled population. The development of professional rehabilitation institutions at provincial, city and county levels shall be improved. The State shall support second-grade general hospitals in their efforts to transform themselves into general hospitals mainly focusing on rehabilitation treatment or specialized rehabilitation hospitals. A two-way referral system shall be set up between medical institutions and specialized rehabilitation institutions for the disabled. Community-based rehabilitation services for the disabled shall be extensively carried out. The State shall build rehabilitation colleges to train professional rehabilitation personnel.

·Community-based rehabilitation services shall be promoted for mental patients. By 2020 there will be one mental health social welfare center at each prefecture-level city, over 70 percent of counties (cities and districts) will have a community-based rehabilitation institution for mental disorders or entrust social organizations to carry out rehabilitation services through services purchased by the government.

·The education level of the disabled shall be raised. Improvement shall be made of the planning and distribution of special education schools, as well as the support system that enables children with disabilities to study in regular classes, so as to provide inclusive education for them, i.e., 12-year free education covering nine-year compulsory education and three-year high-school education. A system shall be established in which home teaching is offered to severely disabled children.

·Policies to support the disabled to find jobs and startup businesses shall be improved, so shall the system of providing jobs for the disabled by public institutions. Policy support shall be strengthened to the disabled in starting up their own businesses, or getting jobs in flexible ways, getting supported employment or getting Internet-based employment. Efforts shall be intensified to strengthen employment training and services for the disabled, providing practical technical training to 500,000 impoverished disabled people in the rural areas of central and western China, and ensuring that an additional 500,000 disabled people get employed in the urban areas.

·Protection of cultural rights and interests of the disabled shall be strengthened. Efforts shall be made to beef up investment in cultural and entertainment equipment appropriate for the disabled in the public cultural centers. Public libraries where conditions permit shall all have reading areas or reading rooms for the disabled. The publication of reading materials for the visually handicapped and books about the disabled people shall be encouraged. The National Sign Language and Braille Standardization Action Plan (2015-20) shall be implemented.

·All-around endeavor shall be made in the building of barrier-free environments for the disabled. Barrier-free facilities shall be constructed on newly-built (renovated or expanded) roads, and in buildings and residential districts, or be added to exiting facilities. Renovation shall be carried out to make barrier-free facilities available in the websites of government and public service agencies, make food and drug information identifiable without obstruction, add subtitles or sign language to movies and TV programs, and urge telecommunication service operators and e-commerce enterprises to provide barrier-free information to the disabled. Measures shall be taken to improve the driving experience of the disabled. In addition, efforts shall be stepped up to carry out renovation of barrier-free facilities for impoverished families with members suffering from severe disabilities.

·The system by which the disabled get legal aid and services and judicial relief shall be improved. Illegal or criminal activities encroaching upon their legitimate rights and interests shall be seriously dealt with. Channels through which the disabled make their voices heard about their rights and interests shall be smoothed out.

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