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

Issue 7 right to life art 10 7 please provide

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Issue 7 Right to life (art. 10) 7. Please provide additional information on how the Marriage Law and the Law on the protection of minors are implemented and which action measures are being taken with respect to the prevention of infanticide, maltreatment, failure to register birth, desertion and other serious harmful acts against children with disabilities (ibid., para. 47). A . In Order to prevent acts of endangering children with disabilities, a rticle 21 of the Marriage Law provides that “Infanticide by drowning, abandonment of infants and all other acts casing serious harm to infants shall be prohibited .” Article 43 of the same Law stipulates that “Where a person indulges in family violence or maltreats a family member, the victim shall have the right to advance a request; the neighborhood or villagers committee or the unit where they belong to, shall persuade the person to stop doing it and conduct mediation ”, that “Where a person is committing family violence, the victim shall have the right to advance a request; the neighborhood committee or the villagers committee shall persuade the person to stop doing it; the public security organ shall stop such violence” and that “Where the victim advances a request, the public security organ shall, in accordance with the legal provisions on administrative penalties for public security, impose an administrative penalty on the person who commits family violence or maltreatment of a family member.” Article 44 further states that “The family member who is abandoned shall have the right to 8
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advance a request and the neighborhood committee, villagers committee or the unit they belong to, shall persuade the person to stop doing it and conduct mediation ” and that “Where the abandoned family member advances a request, the People's Court shall, in accordance with law, make the judgment on payment by the person who abandons the family member to the victim for the costs of maintenance, upbringing or support. ” Article 45 provides that “ t he person who commits bigamy, family violence, maltreatment or abandonment of a family member, if it constitutes a crime, shall be investigated for criminal responsibility in accordance with law. The victim may, in accordance with relevant provisions of the Criminal Procedure Law, lodge a private prosecution with the People's Court; the public security organ shall investigate the case in accordance with law, and the People's Procuratorate shall institute public prosecution in accordance with law. ” Article 10 of the Law of the People’s Republic of China on the Protection of Minors stipulates: “Domestic violence against minors is prohibited. Maltreating or forsaking of minors is prohibited. Infanticide by drowning, brutally injuring or killing of infants is prohibited. No female or minors with disabilities may be discriminated against. ” The departments concerned safeguard the legitimate rights and interests of children with disabilities in accordance with the
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