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

Out of their lock ups through medical treatment care

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out of their lock-ups through medical treatment, care and financial assistance in light of their local conditions, provide proper treatment and supervision and pay regular visits to these patients so as to enable these mental patients to be gradually reintegrated into the society and solve, once and for all, the sporadic problem of mental patients being locked up.” According to Statistical Communiqué on Development of the Work for Persons with Disabilities, 10,781 mental patients were relieved from their lock-ups in 2007; 10, 033 in 2008; 7,636 in 2009; 5,477 in 2010; and 4,836 in 2011. 17
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We have provided services and assistance to persons with disabilities. First, we have vigorously promoted the establishment of institution of the legal assistance mechanism for persons with disabilities. In May 2009, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and five other state organs jointly issued Opinions on Strengthening the Work of Legal Assistance to Persons with Disabilities, which provided for an operational mechanism for coordination and cooperation among the institution with clearly defined responsibilities for each. Second, the legal assistance agencies throughout the country have established, with the help and support of the local CDPF units, 2,745 legal assistance stations for persons with disabilities, which have provided organizational support for people with disabilities to apply for and obtain legal assistance. Third, all localities in China have adopted the principle of “three priorities” for persons with disabilities in terms of acceptance of applications for legal assistance, processing applications and assigning legal assistance cases, and have opened “green channels” for persons with disabilities of the same day acceptance, approval and assignment on legal assistance cases. According to statistics, the legal assistance institutions throughout the country provided 195,000 person-time legal counseling for persons with disabilities and handled 54,000 cases of legal assistance applications by persons with disabilities in 2011. Issue16 Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15) 16. Please provide additional information on the reform of the Mental Health Law regarding medical experimentation. Please provide information on the legal grounds and practice for forced correctional medical treatment (ibid., para. 64). The Mental Health Law (draft) is now under consideration of the NPC Standing Committee and it was made public to solicit comments from the general public at the end of 2011. The draft Law sets strict and detailed regulations with regard to surgery on mental patients and to the approval of the mandatory medical treatment of mental patients and the institution to conduct such medical treatment. The draft Law fully reflects the principle of respecting patients and effectively safeguarding the legitimate rights and interests of the patients.
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