Policy framework related Digital Inclusion for people with disability in China: An analysis of the implements of the CRPD

Abstract: 

The improvement of the policy framework is very important for the digital inclusion of the disabled in the information era. However, most researches are based on the development experience of capitalist countries, especially western developed countries at present. The starting point is that studying how to protect information accessibility rights of people with disabilities in China, a developing socialist country with the rule of law, so as to provide different perspectives and fill the gap in relevant research fields. Moreover, China is arguably a leader in the use of digital technology as a ‘lever’ in disability policy, as well as being a leader in digital technology and economy so that it would be important to study and understand digital inclusion policy of people with disabilities in Chinese context, which can provide reference for other countries developing digital technology.

China was an early supporter of the Rights of Persons with Disabilities (the CRPD) and became East Asia's first State Party in 2008. Based on the key concepts and principles of the CRPD,such as the definition of disability based on social model, accessibility as the heart of digital inclusion, the right to communication, this article explores the achievements and shortcomings of China's digital inclusion policy and examines precisely the legal framework of information accessibility related to the rights of persons with disabilities through the text analysis of the implementation reports of the CRPD as well as relevant laws and regulations in China national level.

The argument of this article is that the digital inclusion policy framework clearly guarantees that people with disabilities have the information right to know, to communicate, which covers national planning, laws, administrative regulations, as well as documents related to construction standards of accessibility. Then, the policy framework including disability laws, regulations, and policies, ICTs laws shows the obligations of public service subjects and the responsibilities of private subjects, particularly those enterprises related to information dissemination, technology, and the Internet, in the process of developing information accessibility. However, there is still a gap between China's legal framework and the requirements of the UN CRPD. First, the framework still adopts the definition of disability in the medical model, lacking consideration for the human rights model; Second, the framework shows that the China Disabled Persons Federation has too complex functions, which are not conducive to the implementation and supervision of policies; Thirdly, the framework lacks the approach of legal assistance, which makes it difficult to guarantee the access to barrier-free information.

Importantly, this article argues, therefore, that China should fully implement its responsibilities under the CRPD – especially article 9 and Article 21 – and serve disabled people who are excluded and suffer from digital inequality as well as establish a reasonable policy framework that focus on capability building from the perspective of human rights to ensure that citizens have equal access to and use of ICTs, so as to realize the transformation from digital inequality to digital inclusion, and ultimately promote the construction of a harmonious society.