Hearing the Silence
Safeguarding the rights and interests of people with disabilities
Two months ago, professional livestreamer Xiaoqi took part in a friend’s livestream without informing her company. Although she wasn’t paid for her appearance and made no money from it, the company, based in Hangzhou, Zhejiang Province, fined her 12,000 yuan ($1,666) for what it said was a breach of its rules.
Having a hearing disability, Xiaoqi contacted her sign language teacher Wang Jianmin for advice. For people with hearing and speaking disabilities, securing their own legitimate rights is even more challenging.
Wang, 69, taught sign language for 50 years in Qingdao, Shandong Province. Now retired, he provides assistance to the hearing impaired. He helped Xiaoqi find a lawyer and provided interpretation.
According to Wang, because of their narrower social circles and restricted access to information, people with hearing issues believe others more easily and are more at risk of being taken advantage of or defrauded.
“Some with low levels of education have no idea how to protect their interests or are sometimes even unaware their rights are being infringed upon. Many hearing-impaired individuals around me often feel distressed when their legal rights and interests are violated,” Wang told Dazhong Daily.
Wang began working on a solution last year. With experience in interpreting for judicial, procuratorial and police authorities, Wang was asked to assist in a court case in which a witness was hearing impaired. Through this opportunity, he started working with law firms—providing free legal advice with sign language interpretation. Also, he teaches sign language for free to lawyers who hope to help persons with hearing issues.
Currently, over 40 law firms in Qingdao are committed to providing better legal services for people with disabilities. On a larger scale, the Chinese Government is giving special care and attention to this group with around 85 million members nationwide, and has taken steps to protect their rights and interests.
Breaking barriers
The Chinese Government is giving special care and attention to people with disabilities, who number around 85 million nationwide, and has taken steps to protect their rights and interests
In September 2023, the nation’s first law on creating a barrier-free living environment took effect. It aims to ensure a better life for disadvantaged groups, including people with disabilities, and stipulates t he creation of a friendly environment for them to access information, especially from the judicial system.
A recent document j ointly issued by t he Supreme People’s Court, the country’s top judicial body, and the China Disabled Persons’ Federation (CDPF) says the country is improv
nd ing access to justice for people with disabilities by streamlining case filing, trial processes and enforcement procedures.
The document recommends facilitating the online handling of litigation matters and assigning staff to provide assistance to people who cannot deal with the procedures independently. It also provides additional options for individuals unable to visit the court, such as a litigation service hotline and home visits for case filing, and encourages judicial assistance, such as reducing or exempting litigation fees for eligible people.
Wang Zhijiang from the Department of Rights Protection of t he CDPF t old Beijing Review that the Supreme People’s Procuratorate, China’s highest procuratorial organ, has worked with the CDPF on public interest litigation cases related to building a barrier-free environment.
According to the CDPF, procuratorial organs across the country handle over 1,000 of these cases every year. The CDPF’s cooperation on public interest litigation has also expanded to areas such as employment, education, rehabilitation, social security and information security for people with disabilities.
Services with patience
Liu Qiusu, a lawyer at Jiangsu Manxiu Law Firm in Nanjing, capital of Jiangsu Province, has provided services to many people with disabilities. The person who left the deepest impression on him was a man in his 50s surnamed Li. He was struggling with severe obsessive-compulsive disorder and had attempted suicide. During his recovery period, his company terminated his employment.
In addition to applying for labor arbitration and filing a lawsuit on Li’s behalf, the lawyer also provided a lot of psychological support to reduce Li’s anxiety. During the process, Liu had over 60 interviews, phone calls and online conversations with Li. He also researched numerous similar cases and related medical materials, and consulted with Li’s physicians.
The crux of the case revolved around the amount of medical leave Li was entitled to. According to the Ministry of Human Resources and Social Security, a company has no right to fire employees when they are receiving medical treatment for illness or non-work-related injuries, which lasts fromthree to 24 months.
With his lawyer’s help, Li received a professional report from the hospital, establishing that Li had been entitled to the amount of leave he took.
Liu was able to secure the maximum amount of wrongful termination compensation available under the law, far exceeding Li’s expectations.
“Individuals with disabilities generally have lower incomes than other people and face challenges in interacting and communicating with the outside world,” Liu told Beijing Review. He said these challenges sometimes result in social prejudice and discrimination, and often lead to emotional issues and feelings of inferiority and distrust.
“Additionally, difficulties in communicating, lack of awareness and understanding of legal support mechanisms, and financial disadvantage often cause people with disabilities to keep silent when their rights and interests are violated,” he continued. “So, those offering legal services to the disabled are required to be more cautious, patient and compassionate,” Liu said.
Zhang Xun, Liu’s colleague, said disadvantaged groups, including people with disabilities, have access to a comprehensive and efficient protection mechanism for their rights and interests. “For example, in Nanjing [where Zhang works], they can find lawyers stationed at courts at all levels who can provide guidance and assistance. This is also the case at the grassroots judicial offices in each sub-district.”
“Every part of the legal aid system works together to help them solve problems without any buck-passing,” he told Beijing Review.
Wang said all levels of the justice system put great effort into providing convenient, timely quality legal aid, and that legal aid centers for individuals with disabilities offer about 200,000 legal consultations and 40,000 legal aid services each year.
Step by step
Liu said the new laws and regulations aimed to protecting the rights and interests of people with disabilities had led to progress in this area in recent years. However, Wang believed there are still factors indicating the need for more improvement and the existing legal provisions have not yet been fully implemented or strictly enforced.
He added the CDPF should make proposals to the national legislature calling for protection of the rights and interests of persons with disabilities to be included in more legislation. The CDPF should also coordinate with local people’s congresses and committees of the Chinese People’s Political Consultative Conference, a specialist consultative institution that provides advice on state governance, on inspecting and researching the implementation of laws and regulations to ensure their strict enforcement.
Liu emphasized that it is necessary to strengthen public education on laws and regulations for persons with disabilities. “So they can better protect themselves through legal means and have equal opportunities to enjoy social and economic life,” he explained.