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

In accordance with the provisions of the legislation

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upholds the uniformity and dignity of the socialist legal system”. In accordance with the provisions of the Legislation Law of the People's Republic of China, the Constitution, the state laws and the state administrative rules and regulations are higher than local laws, rules and regulations. The provisions of the Legislation at the lower levels, if found contradictory to the legislation at the higher level, shall be amended or annulled by the appropriate organs. The Law of the People’s Republic of China on the Protection of Persons with Disabilities, a national law adopted by the Standing Committee of the National People’s Congress, provides for prohibition of discrimination on the basis of disability and sets out specific requirements for education, employment, accessibility. All these relevant provisions in the Law are applicable to the whole country and no region in the country shall be allowed to formulate regulations in violation of these provisions on “prohibition of disability- based discrimination”. Issue 5 Awareness-raising (art. 8) 5. Please provide information on awareness-raising programmes targeting eugenic prevention practices, practices of infanticide against children with disabilities and forced abortion and/or sterilization practices (ibid., paras. 38-40). The Chinese government advocates healthy birth and good care (prenatal care and proper child-upbringing) and tries to ensure reduced incidence of birth defects mainly through intervention in pre-pregnancy stage such as education in good health and the best child-bearing age, genetic counseling, preconception care, proper nutrition, harm of exposure to radiation and toxic and hazardous substances, prevention of infection, cautious medication, and giving up smoking tobacco and drinking alcohol. 6
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Dissemination of the knowledge on prevention and treatment of birth defects is an important part of the work of prevention and control of birth defects. Awareness- raising publicity campaigns with rich contents have been carried out in various forms with cooperation of several relevant departments that are easy to understand by the general public, with a view to increasing their health knowledge and their awareness of self-care. Training sessions have been organized for health care institutions and medical staff. Information and knowledge on prevention and treatment of birth defects and health care have been distributed to interested people before marriage, pregnancy and birth-giving as an important part of education program. The killing of babies with disabilities or forced abortion/sterilization is illegal and strictly prohibited. If the killing of infants with disabilities occurs, those who are involved will be held criminally responsible. Article 19 of the Law of the People's Republic of China on Population and Family Planning stipulates that “the State creates conditions to guarantee that the citizens have knowledge of and choose safe, effective and appropriate contraception measures. Sterilization operations shall ensure the safety of those to whom the operations are performed.” The population and family planning technical service
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