CRPD.C.CHN.Q.1.Add.1_en (1).doc

Furthermore propagandising suicide is also punishable

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Furthermore, propagandising “suicide” is also punishable under Article 133 of Criminal Code , which stipulates that whoever, by any means, makes propaganda or advertises a product, object or method advocated as a mean to produce death, in an appropriate manner to provoke suicide, is punished with imprisonment up to 2 years or a with fine of up to 240 days. Equal recognition before the law (Article 12) 53. Para 41 of the State Party’s report states that “ restrictions to capacity are expressly prescribed by law and based on objective facts ”. Please provide details on the legal criteria serving as a basis to place a person under guardianship and on the procedure for challenging such a decision. Please provide data on the percentage of persons with disabilities placed under guardianship, disaggregated by sex. Reply: As mentioned in the report, the Civil Code expressly prescribes the restrictions to a person’s legal capacity (which means a person’s capacity to personally and freely exercise the rights and fulfil the obligations that he/she holds without the mandatory intervention/intermediation of others). In respect to the restrictions to a person’s legal capacity, apart from minors, the law prescribes that a person that is incapable of managing him/herself or him/her property affairs may be judicially declared as ‘interdicted’ or as ‘unable’. A person may be declared as ‘interdicted’ by a court judgement, if due to mental disorder, deafness, dumbness, or blindness he/she is obviously shown as incapable of managing him/herself or his/her property affairs (Article 122 of the Civil Code ). It should be noted that the ‘interdiction’ is always determined by a serious impairment that limits the person at physical or psychic level. In other words, it is not the simple occurrence of any of such impairment that determines that a person suffering from it should be declared as ‘interdicted’. Solely a mental disorder, deafness, dumbness, or blindness that is current, permanent and disabling, i.e., so serious that makes the person incapable to govern him/herself and his/her property, then it may conduct to that decision. For instance, if a person who is blind or deaf-mute has received appropriate treatment or instruction and, therefore, is able to make up for him/her physical limitations, he/she will not be susceptible to ‘interdiction’ due to his/her impairment. The Civil Code provides that a person may be declared as ‘unable’ if the mental disorder, deafness, dumbness, or blindness, although permanent, is not so serious as to 68
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justify his/her ‘interdiction’, or if his/her usual prodigality or abuse of alcohol or drugs makes him/her unable to properly manage his/her property affairs (Article 135).
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