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Chapter Law Content

Title: People with Disabilities Rights Protection Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 7 Protection Services
Article 74
When reporting on people with disabilities or those suspected with disabilities, no discriminative title or description shall be used by the media, and no non-factual or audience-misleading report is allowed to direct the audience to discriminate or prejudge against people with disabilities.
The mass media shall not blame on the disease/morbid condition or impairment/disability of the litigant only because people with disabilities are involved in related lawsuits, or before the courts judge that the disease/morbid condition or impairment/disability of the litigant causes the incident.
Article 75
Any of the following acts shall not be imposed on people with disabilities:
1. Desertion.
2. Physical and mental abuse.
3. Freedom restriction.
4. Leave the incompetent disabled persons alone in specific environments/situations where they might be put in danger or get hurt.
5. Make use of people with disabilities to beg or act for performance.
6. Force or seduce people with disabilities to get married.
7. Other crimes or misbehaviors against people with disabilities or make use of them.
Article 76
Medical staff, social workers, educational workers, police-officers, village (neighborhood) secretaries, and other personnel who implement disability welfare business Shall report the suspicious case in any one of all clauses in the preceding Article to the municipal and county (city) competent authorities in charge of specific business no later than 24 hours.
Village/borough heads or any other persons shall report any suspicious case to the municipal and county (city) competent authorities.
The personal information of the reporter in the above mentioned paragraphs shall be kept secret.
While being informed in accordance with preceding paragraphs, the municipal and county (city) competent authorities shall conduct or commission other organization/institution or association to conduct a visit and investigation to people with disabilities no later than 24 hours, and the investigation report shall be submitted within four days upon receiving the case. The authorities can ask for necessary assistance from the police-offices, hospitals or other relating agencies/organizations/institutions.
Regulations on reporting procedure and follow-up referred to in the preceding paragraph are prescribed by the central competent authorities.
Article 77
While the legal supporters who take care of people with disabilities by law or by contract lose their supportive capability or violate any of the provisions of subparagraphs in Article 75 and endanger people with disabilities life-threateningly, physically or economically, the municipal and county (city) competent authorities shall provide the appropriate protection and settlement, upon request of people with disabilities themselves, legal supporters, or based on authorities/commissions, after need assessment is taken.
The expenses occurred during the implementation of the above paragraph are to be paid by people with disabilities or their legal supporters, with the exception of subsidies issued by he the municipal and county (city) competent authorities pursuant to Clause 2 of Paragraph 1 in Article 71.
Article 78
Shall people with disabilities encounter any of the difficulties as one of all clauses listed in Article 75, and be in instant danger or danger suspension on lives, body, or freedom, the municipal and county (city) competent authorities shall provide urgent protection, settlement, or other necessary disposition.
As confronting the urgent protection, settlement, or other mandatory management, the municipal and county (city) competent authorities can ask for necessary assistance from the prosecutors or local police-offices to complete the above urgent task.
Article 79
The urgent protection or settlement in the preceding Article can be commissioned to related welfare care facilities/institutions for people with disabilities. The expenses shall be paid by the persons who conduct any of the acts/mistreatments referred to in Paragraph 1 of Article 78.
The above expense, if necessary,shall be paid in advance by the municipal and county (city) competent authorities, and copies of receipts and a detail calculation for the reimbursement must be sent to the persons who conduct any of the acts/mistreatments referred to in Paragraph 1 of Article 78.
The above reimbursement shall be requested in written by the municipal and county (city) competent authorities, and paid within 10 to 30 days upon receiving related documents. If the return of reimbursement has not been completed after the date of expiration, the case will be referred to the courts for compulsory enforcement.
Article 80
The urgent protection or settlement for people with disabilities in Article 78 shall not exceed 72 hours; while settlement shorter than 72 hours does not provide sufficient protection to people with disabilities, the case will be referred to the courts for a(judgment)of the continuous protection and settlement. The time limit for continuous protection and settlement is no longer than three months, and the cases can be referred to the courts for a sentence of the necessary extensions.
For people with disabilities who are in the continuous protection and settlement, the municipal and county (city) competent authorities shall, according to the condition/status of people with disabilities and their need, assist people with disabilities to apply to the courts for the announcement of interdiction.
The municipal and county (city) competent authority concerned mentioned above shall assess and assist in transferring people with disabilities to appropriate care facilities/institutions before the continuous protection and settlement expire.
Article 81
For people with disabilities who are in a necessary status of interdiction announcement, the municipal and county (city) competent authorities shall assist the application to the courts. When the factors causing interdiction announcement are eliminated, the authorities
concerned mentioned above shall assist people with disabilities to apply for an abatement of interdiction to the original courts of judging.
When it is necessary to change the guardians, the competent municipal and county (city) authorities shall assist people with disabilities to do such an appeal.
If the court shall appoint a social welfare care facility/institution, a corporation as the guardian, the municipal and county (city) competent authorities shall supervise the implementation of the guardian obligation; regulations on the related supervision are prescribed by the central competent authority.
Article 82
The municipal and county (city) competent authorities, related welfare care facilities/institutions for people with disabilities, provide residence arrangement service for people with disabilities in a community, and suffer opposition from the dwellers in any pattern whatever, the competent municipal and county(city) governments shall provide assistance to expel the opposition.
Article 83
To ensure the security on the rights & interests of the property of people with disabilities, the central competent authority shall, together with the related competent authorities in charge of specific business, encourage trust enterprises to provide property trust scheme for people with disabilities.
Article 84
During a lawsuit in processing, if people with disabilities is involved in the lawsuit or has to testify, the prosecutor or the judge shall, according to the special need of his/her disability category and grade, provide necessary assistance.
In case an accused or a suspect is unable to make a complete statement due to mental disabilities or other mental defects, the municipal and county (city) competent authorities shall appoint a social worker as a qualified assistant pursuant to Article 35 of Code of Criminal Procedure.
While the appointed assistant pursuant to Paragraph 1 in Article 35 of Code of Criminal Procedure is unable to take the position, a social welfare care facility/institution or association can apply for the re-appointment to the municipal and county (city) competent authorities, in accordance with the paragraph mentioned above.
Article 85
While people with disabilities are institutionalized in correction facilities/organizations/institutions by law, the competent authorities in charge of law shall make necessary improvements upon considering the characteristics of the correction facility/organization /institution, current installations of the facilities and the special need of people with disabilities.