Implementing the Law on Accessible Environment Construction to Promote the Comprehensive Development of Disabled Persons

Implementing the Law on Accessible Environment Construction to Promote the Comprehensive Development of Disabled Persons

China Disabled Persons Federation

The Law of the People's Republic of China on Accessible Environment Construction was reviewed and passed by the Third Session of the Standing Committee of the 14th National People's Congress on June 28, 2023, and has been implemented since September 1, 2023. The Accessible Environment Construction Law is China's first fundamental and comprehensive law in this field, which provides comprehensive and systematic regulations on the positioning, principles, content, management system, guarantee measures, supervision and management of accessible environment construction, improves the top-level design of accessible environment construction, and solidifies the institutional cornerstone of good law and governance. It is of great significance and far-reaching influence. This law further endows organizations of the Disabled Persons' Federation with the legal status to participate in the construction of accessible environments, providing stronger legal guarantees for promoting the high-quality development of the disabled cause.

1、 Fully understand the significant significance of formulating the Law on Accessible Environment Construction

The construction of an accessible environment refers to providing convenience for people with disabilities and the elderly to independently and safely access roads, buildings, use their ancillary facilities, take public transportation, obtain, use and exchange information, and obtain social services. It is an important part of safeguarding the rights and interests of groups such as disabilities and the elderly, and has important value in promoting the sharing of economic and social development achievements among the whole population. At the beginning of the comprehensive implementation of the spirit of the 20th National Congress of the Communist Party of China and the beginning of the new journey of building a socialist modernized country, the country has introduced the Law on Accessible Environment Construction, demonstrating "great value" through "small incisions" in legislation.

An important achievement in adhering to and improving the socialist legal system with Chinese characteristics.The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China and the Central Conference on Comprehensive Rule of Law have conducted special research on the issue of comprehensive rule of law, proposing to accelerate the improvement of the legal system that reflects fairness in rights, opportunities, and rules; Establish a sound legal system that meets the growing needs of the people for a better life; Improve laws and regulations on the protection of the legitimate rights and interests of women, children, the elderly, and people with disabilities. The construction of an accessible environment is related to basic livelihood, social governance, fairness, and civilization. The Law on Accessible Environment Construction focuses on the urgent needs and concerns of key groups such as people with disabilities and the elderly, and strives to improve the quality of life of all people. It is an important legislation in the field of social construction and an important achievement in improving the socialist legal system with Chinese characteristics.

Adhering to the people-centered development concept is an important manifestation.There are over 85 million people with various types of disabilities in China, and over 280 million people aged 60 and above. In addition, pregnant women, children, and injured individuals with accessibility needs have a wide and urgent demand for an accessible environment. The Law on Accessible Environment Construction actively responds to the new demands and expectations of the people, adheres to problem orientation and goal orientation, systematically studies, plans and solves prominent problems in the field of accessible environment construction, focuses on protecting the rights and interests of people with disabilities and the elderly, promoting the development and progress of China's human rights cause, and improving the quality of life of the people, fully reflecting the development concept of putting the people at the center. In the legislative process, this law adheres to the organic unity of serving the people and relying on the people, and emphasizes the participation of the people. Commissioned by the National People's Congress, the Chinese Disabled Persons' Federation solicited opinions and suggestions from more than 50000 grassroots representatives of disabled and elderly people. By expanding channels such as soliciting opinions, experiencing trials, and supervising management, we aim to make people with disabilities and the elderly the widest participants, greatest beneficiaries, and ultimate evaluators in the construction of accessible environments, and promote the joint construction, governance, and sharing of the whole society.

A strong guarantee for promoting the high-quality development of barrier free environment construction. Since the new era, China has made tremendous achievements in the construction of accessible environments. However, compared with the people's aspirations for a better life, there are still problems such as incomplete coverage, insufficient systematic construction, and lack of coherence in connection. Issues such as heavy construction over supervision, and uneven development between regions and urban and rural areas are more prominent. Faced with the reality of diverse needs, large base, and diverse subjects for the construction of accessible environments, relevant laws and regulations on the construction of accessible environments are scattered and lack connection. Some regulations are relatively principled, lack regulatory strength, and have weak binding force, which are not suitable for the development needs of the situation. The Accessible Environment Construction Law draws on the historical experience of China's accessible environment construction, inherits the excellent traditional legal culture of China, combines with China's specific realities, and draws on beneficial practices from abroad to make a series of targeted and actionable institutional arrangements. While continuously solving the problem of "whether there is something", it focuses on solving the problems of "whether it is good" and "whether it is managed or not", which will effectively promote the high-quality development of accessible environment construction.

Major measures to promote the comprehensive development of the cause of people with disabilities.However, it is also important to be aware that the equal participation and integration of people with disabilities into social life still face various obstacles, which are not conducive to their full enjoyment of political, economic, cultural, social and other rights. The Law on Accessible Environment Construction encourages and supports employers to carry out the construction and renovation of accessible facilities in employment places, providing necessary working conditions and convenience for disabled workers; It is required to strengthen the construction of accessible environments in educational venues and provide convenient services for disabled candidates in unified exams organized by various schools; Providing convenience and necessary assistance for disabled and elderly voters to participate in voting will effectively promote the protection of the rights and interests of disabled people in all aspects. This law emphasizes the government's leading role, mobilizing the enthusiasm of market entities, and guiding social organizations and the public to participate widely; At the same time, it is stipulated that the Disabled Persons' Federation assists people's governments and relevant departments at all levels in building an accessible environment, which is conducive to strengthening the connection between the Disabled Persons' Federation organization and the government, society, market, and people with disabilities, and consolidating a strong joint force to promote the comprehensive development of the disabled cause.

2、 Comprehensively grasp the main content of the Accessible Environment Construction Law

The Law on Accessible Environment Construction consists of 8 chapters and 72 articles, which are specifically divided into: General Provisions, Accessible Facility Construction, Accessible Information Exchange, Accessible Social Services, Safeguard Measures, Supervision and Management, Legal Responsibilities, and Supplementary Provisions. The main content includes:

Clearly define the positioning, principles, and management system for the construction of accessible environments. Properly handling the relationship between the focus of protection and benefiting all, clarifying that the construction of an accessible environment is based on the key protection of people with disabilities and the elderly, actively promoting the benefits of construction achievements to all members of society, including clarifying in the legislative purpose "to ensure equal, full, and convenient participation and integration of people with disabilities and the elderly in social life, and promoting the sharing of economic and social development achievements by all members of society", and stipulating in the scope of application that "people other than people with disabilities and the elderly who have accessibility needs can enjoy the convenience of an accessible environment". The construction of an accessible environment should be combined with aging friendly renovation, following the principles of safety, convenience, practicality, and widespread benefits. Clearly adhering to the leadership of the Party, highlighting government leadership, and making provisions for the management system of accessible environment construction: People's governments at or above the county level shall coordinate, supervise and guide relevant departments to do a good job in accessible environment construction within their respective responsibilities; The housing and urban-rural development, civil affairs, industry and information technology, transportation, natural resources, culture and tourism, education, health and other departments of the people's governments at or above the county level shall carry out the construction of accessible environments within their respective responsibilities; Township governments and street offices shall assist relevant departments in carrying out the construction of accessible environments. This law also clearly stipulates that organizations such as the Disabled Persons Federation and the Elderly Association shall assist people's governments at all levels and their relevant departments in the construction of accessible environments in accordance with laws, regulations, and their respective constitutions.

The system stipulates regulations related to the construction, renovation, maintenance, and management of accessible facilities. Strictly ensure the quality of barrier free facility construction, including: clarifying that newly built, renovated, and expanded residential buildings, residential areas, public buildings, public places, transportation facilities, urban and rural roads, etc. should meet the standards for barrier free facility engineering construction; It is stipulated that barrier free facilities should be planned, designed, constructed, accepted, and delivered synchronously with the main project, and effectively connected and connected with surrounding barrier free facilities; Clearly define the responsibilities of engineering construction, design, construction, and supervision units in the construction of accessible facilities. Emphasis is placed on the obligation of key units, regions, places, and other supporting facilities to build barrier free facilities. For example, it is explicitly required that disabled employment units, public service facilities in residential areas, pedestrian road systems in some areas, parking lots, etc. should be equipped with corresponding barrier free facilities. Systematically regulate the renovation of accessible facilities, including requiring the government to develop targeted renovation plans and organize their implementation; Clarify the person responsible for the renovation of accessible facilities; For those who do not have the conditions for renovation, alternative measures shall be prescribed; Special regulations have been made for the renovation of family accessibility facilities and the installation of elevators in existing multi story residential areas in old communities. In response to the prominent issue of "heavy construction and light maintenance", clear provisions have been made for the maintenance and management of accessible facilities, including: clarifying the responsible persons for maintenance and management, and listing their maintenance and management responsibilities; Prohibitive provisions have been made for illegal occupation, damage to accessible facilities, and corresponding legal responsibilities have been clarified. Clearly ensure the participation of disabled and elderly people in the construction of accessible facilities through methods such as consultation and trial experience.

Enrich accessible information exchange content. Clearly define that people's governments at all levels and their relevant departments should provide convenience for people with disabilities and the elderly to access public information; When releasing emergency information, if conditions permit, synchronous communication of accessible information shall be adopted; Require drug manufacturers and operators to provide accessible format versions of labels and instructions. The obligation to provide accessible information for TV stations, Internet websites, service platforms, mobile Internet applications, and libraries, museums, cultural centers, science and technology centers, and telecommunications business operators established with financial funds is stipulated. It is explicitly required that hardware terminal products, self-service public service terminal devices, convenience hotlines, emergency call systems, etc. should have or gradually have corresponding barrier free functions. Improve encouragement and support measures, including encouraging books and newspapers to be equipped with accessible format versions; Encourage the writing and publication of teaching materials in Braille and low vision versions; Encourage map navigation positioning products to gradually improve the identification of accessible facilities and the navigation function of accessible travel routes; Encourage operators of goods other than drugs to provide accessible format versions of labels and instructions. Make requirements for the promotion and use of national common sign language and national common Braille.

Expand the scope of accessible social services. The requirements for providing accessible services in public service places are specified, and for services related to medical health, social security, etc., it is explicitly required to retain traditional service methods such as on-site guidance and manual handling. Targeted regulations shall be made for accessibility services closely related to social life, such as public services, judicial litigation and arbitration, public transportation, education and examination, medical and health care, cultural tourism and sports. Obligatory provisions are made for providing accessible services to emergency shelters. Improve the relevant regulations on the use of service dogs by people with disabilities.

Establish a sound barrier free environment construction guarantee mechanism. It is clear that people's governments at or above the county level should include the funds required for the construction of accessible environments in their respective budgets and establish a stable funding guarantee mechanism. Strengthen the promotion and education of the concept of accessible environment, and enhance the awareness of accessible environment in the whole society. Actively build a standard system for accessible environments, and establish a sound system for certification and information evaluation of accessible environments. Promote the application of new technological achievements in the construction of accessible environments, and support the integrated development of accessible facilities, information, and services. Make the construction of an accessible environment an important part of the creation activities for civilized cities, civilized villages, and towns.

On May 18, 2023, the Palace Museum and the Beijing Sign Language Research Association jointly held the "Hearing the Voice of Culture - Palace Museum Sign Language Accessibility Service Release Conference", which was the first batch of sign language guidance services officially launched in Beijing. The picture shows a hearing-impaired person watching a sign language explanation video. Photo by Xinhua News Agency reporter Peng Ziyang

Improve the supervision system for the construction of accessible environments. Make clear regulations on the supervision and inspection, assessment and evaluation, third-party evaluation, information disclosure, complaint and report handling and response mechanisms of the government and its relevant departments. Clearly, any organization or individual has the right to propose opinions and suggestions on strengthening and improving the construction of accessible environments, and to file complaints and reports on behaviors that violate the provisions of this law. According to regulations, organizations such as the Disabled Persons' Federation and the Elderly Association may hire relevant personnel to supervise the construction of accessible environments as needed.

3、 Promote the effective implementation of the Accessible Environment Construction Law

Raise political stance and fully understand the importance of implementing the Accessible Environment Construction Law.

Strengthen learning and publicity, create a good atmosphere where everyone is responsible, everyone is responsible, and everyone enjoys it. Incorporate the Law on the Construction of Accessible Environment into the list of party regulations and national laws that leaders of the Disabled Persons' Federation should know and understand, as well as the cadre education system, to enhance their ability and level to participate in the construction of accessible environment in accordance with the law. Enrich and innovate barrier free publicity methods, and guide disabled brothers and sisters to learn, know, respect and abide by the law. By leveraging important time points such as International Day for Persons with Disabilities and National Day for Assisting Persons with Disabilities, we aim to promote the concept of accessibility, popularize accessibility knowledge, and promote accessibility culture, enhance the accessibility awareness of the whole society, and promote the construction, governance, and sharing of an accessible environment.

Strengthen participation at the source and promote the improvement of supporting systems for the construction of accessible environments. Closely combining the new regulations, measures, and systems in the Accessible Environment Construction Law, conducting in-depth research on issues, summarizing and sorting out experiences, and promoting the improvement of the legal system closely related to the construction of accessible environments. Cooperate with government departments to accelerate the formulation and improvement of relevant supporting policies, standards, etc. Guide the disabled persons' federations in various provinces, regions, and cities to actively cooperate with local people's congresses and relevant functional departments, and improve local legislation based on the Accessible Environment Construction Law, starting from local realities.

Play a functional role and actively participate in the construction of an accessible environment. We will persist in solving difficulties for people with disabilities, sharing the worries of the Party and the government, assisting government departments in building an accessible environment, and promoting the improvement of a work mechanism led by the government and widely participated by the market, social organizations, and the public. Urge all regions to accelerate the establishment of a team of promoting and supervising the construction of accessible environments, and organize representatives of people with disabilities to participate in activities such as soliciting opinions, experiencing trials, and supervising management. High quality completion of the task of renovating accessible facilities for families with severe difficulties and disabilities. Accelerate the construction and renovation of accessible environments for concentrated employment units for people with disabilities and service facilities of the Disabled Persons Federation system, and play a demonstrative role in the industry. Deeply promote the provision of reasonable convenience for disabled candidates to participate in exams. Promote the construction of electronic guide dogs and other information accessibility. Vigorously promote national common sign language and national common braille. Support the cultivation of talents in the construction of accessible environments. Actively engage in international exchanges and cooperation, and tell the story of China's barrier free environment construction.

Consolidate the joint efforts of supervision and promote the smooth implementation of the Accessible Environment Construction Law. Assist the Standing Committee of the People's Congress at all levels in carrying out supervision and inspection in accordance with the law. Cooperate with the people's governments at or above the county level and their relevant competent departments to carry out supervision and inspection in accordance with the law, and actively participate in joint supervision and inspection. Promote the people's governments at or above the county level to formulate specific assessment methods for the construction of accessible environments. Cooperate with people's procuratorates at all levels to carry out public interest litigation for the construction of accessible environments, and jointly release typical cases.