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立法禁止基于残疾的歧视。法律法规对反歧视和合理便利作出具体规定。2007年制定的《中华人民共和国就业促进法》明确规定,用人单位招用人员,不得歧视残疾人。2008年修订的《中华人民共和国残疾人保障法》明确了反歧视原则:禁止基于残疾的歧视,禁止侮辱、侵害残疾人,禁止通过大众传播媒介或者其他方式贬低损害残疾人人格。2010年以来,制定《中华人民共和国精神卫生法》《残疾预防和残疾人康复条例》《残疾人航空运输管理办法》以及修订《残疾人教育条例》《残疾人就业条例》等相关法律法规,增加了不歧视的内容,并对不歧视作出具体规定。
Laws have been enacted to prohibit any forms of disability discrimination. China’s laws and regulations contain detailed provisions to combat discrimination and ensure reasonable accommodation. The Employment Promotion Law of the People’s Republic of China adopted in 2007 stipulates that an employer recruiting staff must not discriminate persons with disabilities. The Law of the People’s Republic of China on the Protection of Persons with Disabilities revised in 2008 defines the principle of anti-discrimination: “Discrimination on the basis of disability shall be prohibited. Insult of and disservice to persons with disabilities shall be prohibited. Disparagement of and infringement upon the dignity of persons with disabilities by means of mass media or any other means shall be prohibited.” Since 2010, China has enacted the Mental Health Law, Regulations on Disability Prevention and Rehabilitation of Persons with Disabilities, and Measures for the Administration of Air Transport for Persons with Disabilities, and revised the Regulations on the Education of Persons with Disabilities and Regulations on the Employment of Persons with Disabilities, all of which include detailed clauses to combat discrimination.
九、营造良好社会环境
中国倡导社会主义核心价值观和“平等、参与、共享”的理念,弘扬中华民族传统美德和人道主义精神,培育全社会扶残助残意识,形成关爱残疾人、关心残疾人事业的良好社会风尚。
IX. Creating a Good Social Environment
China advocates core socialist values and the concepts of “equality, participation and sharing”, carries forward China’s traditional virtues and humanitarianism, and cultivates awareness of helping people with disabilities as part of the effort to create a social environment in which persons with disabilities are cared for, and the programs to help them are promoted.
残疾人文化事业欣欣向荣。《中华人民共和国公共文化服务保障法》和《“十三五”推进基本公共服务均等化规划》均载入残疾人文化服务项目,将残疾人文化事业纳入国家公共文化服务体系。各地采取措施确保残疾人以无障碍方式获得文化产品和服务,欣赏电视、电影、戏剧等文化作品。文化和旅游部与中国残联连续多年在全国开展残疾人文化周活动,2018年120余万残疾人参与该活动。各类残疾人艺术团体快速发展,全国各类残疾人艺术团体已有283个,残疾人文化艺术从业人员近30万名。“共享芬芳 共铸小康”公益巡演展览活动启动三年以来,共有17万余人参加。每四年举办一届全国残疾人艺术汇演,截至2017年,共举办9届,每届参与的残疾人达10多万人。中国残疾人艺术团出访100个国家和地区进行交流演出,被联合国教科文组织指定为“联合国教科文组织和平艺术家”,《千手观音》节目享誉世界。2011年至2018年,中央财政投入近1200万元,在城市社区实施“残疾人文化进社区”项目,为社区设立“残疾人书架”,配备文化活动用品。在“农家书屋”工程中把为残疾人服务的图书列入采购书目。实施文化进残疾人家庭“五个一项目”,支持中西部和农村地区10万户贫困、重度残疾人家庭每年读一本书、看一次电影、游一次园、参观一次展览、参加一次文化活动。建成融多种功能于一体的中国盲文图书馆,组织实施盲人数字阅读推广工程。
The cultural activities of persons with disabilities are thriving. The Public Cultural Service Guarantee Law of the People’s Republic of China and the “Plan for Promoting Equal Access to Basic Public Services in the 13th Five-year Plan Period” have included the cultural service programs for those with disabilities into the national cultural service system.
Measures have been taken across the country to ensure accessibility to cultural products and services for persons with disabilities, enabling them to appreciate TV programs, films and dramas. The Ministry of Culture and Tourism and CDPF have held an annual cultural week for persons with disabilities for several years. In 2018, over 1.2 million people with disabilities took part in such activities.
Art troupes of persons with disabilities are growing fast; their number has increased to 283, employing about 300,000 disabled art workers. During the three years since the launch of the Charity Performance Tours and Exhibitions, a total of 170,000 persons with disabilities have taken part in the initiative. The National Disability Art Festival is held every four years. By 2017, it had been held nine times, attracting over 100,000 to participate each year. Designated as UNESCO Artist for Peace, the China Disabled People’s Performing Art Troupe has visited 100 countries and regions for performance and exchanges; the Thousand-hand Bodhisattva dance enjoys prestige throughout the world.
From 2011 to 2018, the central budget allocated about RMB12 million to launch the project of “Enriching the Community Culture for Persons with Disabilities” in cities, setting up reading sections and supplying cultural products for them. Books for people with disabilities have been added on the shopping list in the “Village Library” project. A cultural campaign has been launched for households with disabled members, particularly the 100,000 impoverished households and those with severely disabled members in the middle and western regions and rural areas. The campaign will enable each of them to read one book, watch one film, tour one park, visit one exhibition, and take part in one cultural activity every year. We have built a multifunctional Braille library and launched a digital reading project for persons with disabilities.
残疾人体育事业蓬勃发展。残疾人健身体育、康复体育和竞技体育全面发展。2011年,启动残疾人自强健身工程,提高残疾人体育健身指导服务能力和服务水平。自2011年起,体育总局支持中国残联开展残疾人社会体育指导员培训,截至2017年,共培养10.4万名社会体育指导员。各级政府和组织加大经费投入,为各类残疾人开辟日常体育活动场所。2017年,各地残疾人文化体育活动场所达到9053个。成功举办上海特奥会、北京残奥会和广州亚残运会,成功申办2022年冬季残奥会;共参加9届夏季残奥会,1337名运动员参加,获得433块金牌、339块银牌、250块铜牌,打破261项世界纪录,实现金牌榜4连冠;参加4届冬季残奥会,55名运动员参加,在2018年平昌冬残奥会上实现冬季项目金牌零的突破。积极参加国际听障奥运会和特奥会。
Sports for persons with disabilities are flourishing. Fitness and rehabilitation activities and competitive sports are making rapid progress. In 2011, a fitness program was launched to provide better guidance and service for persons with disabilities. Since 2011, the General Administration of Sport has supported the CDPF in training social sports instructors for people with disabilities. By 2017, a total of 104,000 instructors had been trained. Governments and organizations at all levels have increased investment in the building of sports venues for people with disabilities. In 2017 there were 9,053 cultural and sports venues for people with disabilities across the nation.
Shanghai Special Olympics, Beijing Paralympic Games, and Guangzhou Asia Para Games have been successful. China has succeeded in a bid for the 2022 Winter Paralympic Games. And it has attended nine summer Paralympics in which 1,337 athletes have participated, wining 433 gold, 339 silver and 250 bronze medals. They have broken 261 world records and ranked top in the gold medal tally for the last four Paralympics. China has competed in four Winter Paralympics with a total of 55 athletes, and won the first gold medal in the 2018 Pyeongchang Winter Paralympic Games. China has actively taken part in Deaflympics and Special Olympics.