The People's Republic of China has extended the UN Convention on the Rights of Persons with Disabilities (CRPD) to Hong Kong since August 2008. Hong Kong is also a party to other human rights treaties pertaining to the protection of rights of people with disabilities, namely the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT).
The Disability Discrimination Ordinance (Cap 487) (DDO) is a key piece of legislation on disability rights. It outlaws direct and indirect discrimination, harassment, and vilification on the ground of disability. With some exceptions, the DDO applies to both private and public sectors. The Equal Opportunities Commission (EOC), an independent statutory body, is established to implement the anti-discrimination ordinances. There are a number of government policies implemented to provide supports to people with disabilities, including the Social Security Allowance Scheme, Integrated Education and accessibility in Publicly Accessible Premises. The key issues that Hong Kong is facing in relation to disability rights are inclusive education, legal capacity, reasonable accommodation and supported employment respectively.
The Centre for Comparative and Public law has initiated a Disability Rights Resource Network to facilitate, support and advance knowledge exchange and practice of disability rights in China and Asia region.
PUBLICATIONS & SUBMISSIONS
Inclusion in Education: Recommendations for Legal Reform (October 2010) - by Kelley Loper
Inclusion in Education: Final Project Report (October 2010) - by Kelley Loper
Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong (2010) - by Kelley Loper
PAST & UPCOMING EVENTS
Conferences and Seminars
The Implementation of the Convention on the Rights of Persons with Disabilities in the Chinese Context (7 May)
Implementing the Convention on the Rights of Persons with Disabilities in China: Challenges and Opportunities (16 February)
Inclusive Education for Students with Disabilities: Implementation of Article 24 of the UN Convention on the Rights of Persons with Disabilities (28 November)
Rights Talk Series
Disability is Political: Implications of China's Ratification of the Convention on the Rights of Persons with Disabilities - by Carole Petersen (24 October)
Rights Protection for Mentally Disabled Defendants in the Criminal Process of Mainland China: International Standards and Procedural Safeguards - by Professor Guo Zhiyuan (23 May)
Disability, equality and rights: changes in legislation, policy and practice in Ireland - by Dr Angela Kerins (8 April)
Hong Kong Equality and the Law Project
In mid-1995 the Hong Kong legislature enacted the territory’s first detailed anti-discrimination legislation in the areas of sex and disability discrimination. This project considers the mechanisms of both the Sex Discrimination Ordinance (SOD) and Disability Discrimination Ordinance (DDO) and is submitted to the United Nations Committee on the Elimination of All Forms of Racial Discrimination in Geneva to persuade the Committee to review this issue even though Hong Kong/China was not on the agenda.
Equality Law and Inclusive Education for Disabled Students
This project considers the extent to which disability discrimination laws require or support the implementation of inclusive education programmes for disabled students. The study examines Hong Kong’s Disability Discrimination Ordinance, domestic equality guarantees from other jurisdictions, and relevant international human rights standards.
First launched in 2015 and further revamped in early 2017, Disability Rights Resource Network (DRRN) is an initiative of the Centre for Comparative and Public Law at the Faculty of Law of the University of Hong Kong to facilitate, support and advance the exchange of knowledge and practice of disability rights in the China and Asia region by disseminating and sharing information on research, policies, advocacy and implementation strategies related to disability rights at the international, regional and domestic levels. Our purpose is to serve the information needs of individuals and groups engaged in disability rights in China, as well as those around the world who have an interest in disability rights in the region.