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WORLD FEDERATION OF THE DEAF
Legal Seat – Helsinki, Finland
An International Non-Governmental Organisation in official
liaison with ECOSOC, UNESCO, ILO and WHO
PO Box 65, FIN-00401 Helsinki, FINLAND
FAX: +358 9 580 3572
General Secretary
Carol-lee Aquiline
Email: wfdgensec@yahoo.co.uk
President
Markku Jokinen
Email: wfd@kl-deaf.fi
WFD Comments
to the
4th Ad Hoc Committee Meeting
23 August – 3 September 2004
The Working Group established by the Ad Hoc Committee on a Comprehensive
and Integral International Convention on the Protection and Promotion of the
Rights and Dignity of Persons with Disabilities met in January 2004 to
prepare a report and draft text for discussion by Member States. The report
and draft text are in Document A/AC.265/2004/WG/1.
Draft Article 3 in this document relates to ‘Definitions’. Among the
possible definitions to include is a definition of ‘language’. Article 3,
Footnote 15 states that: “Some delegations were of the view that the
separate draft articles of the Convention specify that language included
sign language, and questioned the need for this definition in the present
article. Others expressed the view that the definition was needed.”
The World Federation of the Deaf (WFD) strongly asserts that a definition
of language is needed. In the event that members at the 4th Ad
Hoc Committee meeting agree to include such definition, WFD has consulted a
number of linguists in different parts of the world. With their support the
following is proposed as the definition to be included:
Language: the systematic use of sounds, signs, or written symbols to
represent things, actions, ideas and states, shared and understood by
members of linguistic community.
Following the above definition, linguists consider sign language a
natural language. Further information on sign languages used in the Member
States of the United Nations (UN) can be found in the most comprehensive
list of the world’s languages, Ethnologue (www.ethnologue.com),
in which some 6,700 spoken languages and 115 sign languages are listed. Sign
languages are listed on par with spoken languages, AS INDEPENDENT LANGUAGES.
(Note: The list does not include all sign languages of the world because
research information on many sign languages is not yet available.)
The phrases “modes of communication” and “means of communication” are not
adequate. Sign languages are languages, with the full richness of syntax and
grammar, not merely ‘modes’ or ‘means’ of communication. Only by defining
language, and accepting sign languages place among the languages of the
world, will Member States ensure the rights of people who use sign
languages.
Currently only a small percentage of the world’s 70 million Deaf people
have the possibility to use their sign language with their family, or in
education, interaction with society and for access to information. Only a
few UN Member States provide sign language interpreting for Deaf people to
enable them to participate equally and receive services in their society.
Because of this, the majority of Deaf people in the world face barriers in
their learning, development, participation and opportunity to function as
equal citizens.
Linguistic rights are guaranteed in numerous UN conventions and
recommendations. These rights must also apply to sign languages if human
rights are to be attained for Deaf people.
The UN Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities will be effective in the fulfilment of
the rights of Deaf people only if linguistic rights are included. Mention of
language should be included in several Articles, as per the attached Annex.
Annex (1)
The following are included in the Draft proposal from the
International Disability Caucus:
Draft Article 4: General State Obligations
4. States Parties recognize that access to effective remedies may
require the provision of free legal assistance to persons with disabilities,
including sign language interpreters and communication assistance,
and the modification or flexible application of existing laws and practice
regulating matters of procedure and evidence.
Draft Article 9: Equal Recognition as a Person Before and Under
the Law
4. Take appropriate and effective measures to eliminate physical,
language and communication barriers, and to make all efforts to identify and
utilize alternative means of communication and sign language
interpretation, to support a person with a disability to make their
decision, choices and wishes known
Draft Article 13: Right of freedom of thought, freedom of expression and
opinion, access to information and communication
1. c) persons with disabilities can exercise their
right to freedom of expression, thoughts and opinion
through languages, modes and means of communication of their
choice, including sign languages, tactile communication
techniques, plain and easy understood texts, large print and Braille, in
order to seek, receive and impart information on the basis of equality
with others.
2. b) provide public and official information to
persons with disabilities in a timely manner and without additional cost to
persons with disabilities in appropriate and accessible formats and
languages;
c) accept and promote the use of a variety of modes and
means of communication and languages by persons with disabilities in
official interactions;
d) provide education and learning programmes aimed at teaching
persons with disabilities, their families and the general public to use a
variety of augmentative and communication modes and means, sign languages,
tactile communication techniques, Braille and other communication
techniques;
……………………………..
i) provide training of assistants, intermediaries, interpreters,
including sign language and tactile communication interpreters, note
takers and readers to ensure that persons with disabilities have access to
information and the facility to communicate;
j) ensure that private entities, including mass media and other
agencies providing services to the general public also provide information,
entertainment and other services in accessible and usable formats and
languages for persons with disabilities of all ages;
k) recognise national sign languages in legislation
and make them available for all deaf persons, their families, teachers and
the general public;
Draft Article 17: Education
3. b) the full and effective
participation of persons with disabilities, through the provision of
required
support, including the specialized training of teachers and other
educational means and staff, pre- and in-service training
of regular, specialized and support teachers, an accessible
curriculum, accessible
teaching medium and materials, appropriate assistive devices, alternative
and augmentative
communication means and modes, sign language, alternative learning
strategies, universally
accessible built environment or other reasonable accommodations;
4. a) Deaf and deafblind children and
young persons have the right to receive education in their
own language, in their own groups and to become bilingual in sign language
and their national spoken and written
language, learn additional foreign languages, both signed and
spoken/written, have legislative, administrative, political and other
measures taken by States’ Parties to provide quality
education using sign language, thereby ensuring the employment of
deaf teachers and hearing teachers who are fluent in sign language
Annex (2)
Draft Article 24: Participation in Cultural Life, Recreation,
Leisure and Sport
1. (b) enjoy access to literature and
other cultural materials in all accessible formats, including in
electronic text, sign language and Braille, and in audio and
multi-media formats;
(c) enjoy access to television programmes, films, theatre, and
other cultural activities, in all accessible
formats, including audio discription, captioning and sign language;
3. Persons with disabilities, including Persons
who are deaf and deafblind shall be entitled, on an equal
basis with others, to recognition and support of their specific cultural
and/or linguistic identity.
WFD would also like to see the following:
Draft Article 3: Definitions
Language: the systematic use of sounds, signs, or written symbols to
represent things, actions, ideas and states, shared and understood by
members of linguistic community.
Draft Article 19, Accessibility
2. k. ensure the provision of other forms
of live assistance and intermediaries, and assistive
technology including guides, readers and captioning, to facilitate
accessibility to public buildings, facilities and information;
l. ensure the provision of sign language interpreters to interpret
information from spoken language into sign language and from sign language
into spoken language for access to public services,
education and participation.
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