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Report to the Council of Europe on the Protection of Sign Languages - Malcolm
Bruce MP
Protection of sign languages in the member states of the Council of
Europe
Report
Committee on Legal Affairs and Human Rights
Rapporteur: Mr Malcolm Bruce, United Kingdom, Liberal, Democratic and Reformers'
Group
Summary
The recognition of sign languages by the Council of Europe's member states
as a natural and complete means of communication for deaf people will promote
the integration of these persons into society and will facilitate their access
to education, employment and justice.
The intensity of the demand for interpreters as well as the beneficial effects
for integration are visible in the countries which give an official status to
these languages.
In the countries which have not yet done so, their recognition will lead to
the training and recruitment of more interpreters.
The report recommends that precise needs be evaluated at European level, that
a European legal instrument be drawn up on the rights of the users of these
languages and that various measures aimed at guaranteeing the equality of rights
be adopted in each member state.
I. Draft recommendation
- The Parliamentary Assembly recalls its Recommendation 1492 (2001) on the
rights of national minorities, particularly paragraph 12.xiii. concerning
sign languages.
- The Assembly takes note of the reply by the Committee of Ministers to this
recommendation, contained in document 9492. It regrets that the Committee
of Ministers did not make a pronouncement on the opinions delivered by the
Committee of Experts of the European Charter for Regional or Minority Languages
and by the Committee on the Rehabilitation and Integration of People with
Disabilities (Partial Agreement). This reply warrants, if any justification
were needed, the Parliamentary Assembly's concern that the rights of sign
language users should be incorporated into a specific legal instrument, or
into a protocol to the Charter, without prejudging the position that may be
adopted by the organisations representing the deaf.
- The Assembly recognises sign languages as the expression of Europe's cultural
wealth. They are a feature of Europe's linguistic and cultural heritage.
- The Assembly recognises sign languages as a complete and natural means of
communication for the deaf.
- The Assembly takes the view that official recognition of these languages
will help deaf people become integrated into society and gain access to justice,
education and employment.
- The Assembly acknowledges the importance of a detailed study of requirements,
necessarily preceding the framing of any policy on sign languages. It stresses
the need to involve users of these languages in the process.
- The Assembly observes that a number of member states have introduced programmes
in support of sign languages. Although all experience a shortage of sign language
interpreters, this demonstrates the strength of demand and the positive and
inclusive social benefits such services provide.
- The Assembly takes the view that official recognition of sign languages
will facilitate the training, recruitment and retention of more interpreters.
- For the above reasons, and in the knowledge that only action at European
level will afford a solution to this problem, the Assembly recommends that
the Committee of Ministers devise a specific legal instrument on the rights
of sign language users and accordingly:
- define clear goals to be achieved, exact deadlines to be met, and resources
and methods to be used, founded on a full study of requirements with the
mandatory participation of associations representing the users of these
languages;
- consider drafting a protocol to the European Charter for Regional or
Minority Languages incorporating sign languages into the Charter among
the non-territorial minority languages.
- The Assembly also recommends that the Committee of Ministers encourage member
states to:
- give the sign languages used in their territory formal recognition;
- train sign language interpreters and sign-language tutors;
- give education in sign languages to the deaf;
- train teachers, in preparation for working with deaf and hearing-impaired
children, in sign languages;
- broadcast television programmes in sign languages, and make sign language
subtitling of programmes transmitted in spoken language a general practice;
- give the right to inform the deaf and the hearing-impaired about the
use of sign languages;
- utilise the new technologies and make them available to the deaf;
- include sign languages as a valid academic qualification in mainstream
secondary schools with equal status to other taught languages;
- grant the right to choose freely between oral and bilingual school systems;
- subsidise the publication of instructive literature in sign languages.
II. Explanatory memorandum
by Mr Bruce, Rapporteur
A. Introduction
- The Assembly in Recommendation 1492 (2001), paragraph 12 xiii, asked that
the Committee of Ministers "give the various sign languages utilised
in Europe a protection similar to that afforded by the European Charter for
Regional or Minority Languages, possibly by means of the adoption of a recommendation
to member states". Following a motion which I tabled and which was referred
to the Committee, I was appointed Rapporteur. The Secretariat had prepared
a memorandum in November 2001.
- On 6 December 2001, the participants in the Sign Languages Day of the European
Union of the Deaf (the principal organisation upholding the rights of the
deaf before the European institutions) passed a resolution calling on the
Council of Europe and all its member states to accept the principle that sign
languages fall within the remit of the Charter for Regional or Minority Languages,
thus recognising sign languages as minority or regional languages in their
own right, on an equal footing with the other spoken minority or regional
languages, so that sign language users may enjoy the same protection as that
afforded by the Charter to other regional or minority language users.
- On 12 June 2002, after a year and a half had elapsed, the Committee of Ministers
delivered its reply to the Assembly's recommendation; regarding paragraph
12 xiii. of the Recommendation, the Committee of Ministers simply took note
of the opinions from the Committee of Experts of the European Charter for
Regional or Minority Languages and the Committee on the Rehabilitation and
Integration of People with Disabilities. It emerges from the second opinion
that, in the view of several national delegations, it should be possible to
amend the Charter by means of an additional protocol on sign languages.
B. Brief survey of sign languages in Europe
- Sign languages are not universal. They evolve differently depending on the
places where deaf people are found, and they may be subject to the same variations
as would be expected of spoken languages. They are not derived from the languages
spoken in a country. Thus, whereas the United Kingdom, Ireland and the United
States of America have English in common, each of these countries has an altogether
separate sign language. On the contrary, Finnish sign language is derived
from Swedish sign language, even though the spoken Finnish is not related
to Swedish - thus deaf Finns understand deaf Swedes better than other Finns
understand other Swedes. Nevertheless there is often a sense of understanding
between users of different sign languages as they are all visual. Sign languages
have all the characteristics of natural languages. They have their own vocabulary
and their own grammatical rules. They have undergone a process of historical
development in the same way as spoken languages. Regional, ethnic and even
social variants occur in them. In short, sign languages are languages in their
own right.
- The first written mention of sign language dates back to 1644 in the United
Kingdom (in John Bulwer's "Chirologia"). But France is where the
introduction of collective teaching to the deaf in their language occurred
at the instigation of Abbè de l'Epèe in the late XVIIIth century.
He had devised a system combining natural signs with figurative signs, a system
that was developed by his pupils themselves.
- "Ethnologue" (a project run by SIL International (which formerly
went by the name of "Summer Institute of Linguistics") has registered
114 sign languages in use throughout the world; there are thought to be 44
in Europe.
- There are no European statistics on the number of people using sign languages
throughout the continent, and it is difficult to make an estimate. If the
number of people born deaf in the total population is taken to be in a ratio
of about one per thousand, and the number of deafened people to be three times
that ratio, the European Union must contain some 1.6 million of them, with
more than double that figure in the Council of Europe member States as a whole.
- As things now stand, several states have a national policy on sign languages,
as acknowledged below. Despite two European Parliament resolutions in 1988
and 1998 stressing the distinctive identity of sign languages, there is no
European Union policy on sign languages, or on minority languages for that
matter. The European Year of Languages has changed nothing in this respect,
which is the reason for the Day organised by the EUD. The sole Council of
Europe contribution has been the above-mentioned Assembly recommendation.
- In its opinion of 1 June 2001 on the recommendation in question, the Committee
of Experts of the Charter for Regional or Minority Languages objected that
the Charter had not been "conceived to meet the specific needs of sign
languages", correctly observing that European sign languages were "not
at present the subject of a special international instrument addressing their
particular needs"; the Committee could nonetheless support any initiative
aiming to promote and protect sign languages "through a separate instrument".
The Committee on the Rehabilitation and Integration of People with Disabilities
(Partial Agreement) concurred with the Committee of Experts of the Charter
for Regional or Minority Languages.
C. "Sign languages and/or hearing aid?": a viable alternative?
- Where education is concerned, the debate between advocates of "auricular"
solutions and supporters of teaching in sign language is still not ended.
The former consider that deaf children ought not to use sign languages since
this interferes with acquisition of the ability to speak and to lip-read.
The Rapporteur can find no foundation for this, and moreover teaching by every
available method of communication should at all events help the deaf acquire
the rudiments of aural communication. The principal British teaching establishment
for deaf pupils, "Mary Hare Grammar School" in Berkshire, is an
establishment using strictly auditory/oral methods. When the head teacher
tried to ban the use of BSL (British Sign Language) even outside lessons,
he was compelled to revoke the decision owing to the many protests aroused
by it.
- The experts generally agree that hearing aids cannot completely supplant
sign languages. A study commissioned by the Committee on the Rehabilitation
and Integration of People with Disabilities (Partial Agreement) (CD-P-RR)
, comparing policies and practices regarding cochlear implantation (to remedy
deafness) in ten European states, concluded that in spite of the implants,
pre-lingually deaf children would never become children with normal hearing,
in the sense that even if they hear articulated sounds, they do not necessarily
understand the spoken language. Children with cochlear implants would always
be disadvantaged in the aural communication process, hence the importance
of associating implantation with sign language learning and teaching.
D. Legal position of sign languages in the Council of Europe member
states
- Sign languages are still discriminated against in a number of countries.
In fact, their status varies between countries. Often they are neither recognised
nor respected. The Rapporteur has tried to obtain more information in a few
selected countries.
- Finland is the country where the standard of protection of language has
advanced furthest. The right to use sign language is set forth in Article
17 of the Constitution, although the law referred to therein has not been
passed; however, measures have been taken to bring about an improvement in
the situation of users of the sign languages employed in Finland. A Ministry
of Justice working party delivered a report on the question in 1996, but the
relevant government departments (Justice, Education and Social Affaires) have
made definite moves to promote the use of sign languages at nursery school
and higher levels and the production of teaching material in sign languages,
and to secure the right to receive information (such as news broadcasting
in sign languages).
- In Portugal, a law of 5 July 1999 classed as a general law of the Republic
recognises and regulates the occupation of Portuguese sign language interpreter.
Although certain information suggested that the rights of sign language users
were enshrined in the Portuguese Constitution, I have not received confirmation
of it.
- In the Czech Republic, the equality of sign language with other languages
is proclaimed by law n° 155 of 11 June 1998. The law provides that sign language
shall be the means of communication for the deaf in the Czech Republic. It
further provides that the deaf are entitled to the use of sign language, to
be educated by means of sign language, and to be taught it. The law also stipulates
that in visits to medical practitioners, dealings with the administration
and judicial procedure, deaf people are entitled to the provision of an interpreter
without payment. Deaf students engaged in tertiary studies are also entitled
to a non-paying interpretation service.
- In the Slovak Republic, Slovak sign language, though protected by law n°149
of 26 June 1995, which secures the right to use, receive instruction and be
informed in it, is not recognised as a minority language. Its recognition
as such was to be discussed this summer by cabinet. For the time being, the
profession of sign language interpreter is not recognised, there being no
corresponding university subject and, for a language to be a university subject
it must have been recognised as a minority language. The law also secures
to the deaf and hearing-impaired the right to interpretation into Slovak sign
language where necessary, usually free of charge.
- Greece did not answer the question on the status of "Hellenic Sign
Language", but it appears to be recognised and protected.
- In the Netherlands there is no formal recognition of "Dutch Sign Language",
and it has no status in the eyes of the law. On the other hand, this sign
language (DSL) is taught in schools for the deaf and catered for in interpreters'
vocational training; interpretation into and from sign language is available
in courts, and in professional circles it may be prescribed that an interpreter
be provided at the expense of the national insurance system. Contacts with
a government department established that actions were in hand for the furtherance
and application of the language, but remain vague and are apparently not pursued
at the legislative level.
- I have been actively involved in the campaign for recognition of British
sign language, as an outcome of which the Scottish Parliament debated a motion
calling not only for recognition of the language by the United Kingdom but
also basic education in sign language and awareness-raising about the problem
of the deaf in Scottish school syllabi.
- BSL (British Sign Language), while not officially recognised, is nevertheless
used in the media (although interpretation into sign language is more widespread).
Despite its 200,000 users, BSL, like the sign languages of other countries,
suffers from a severe shortage of interpreters (according to a study carried
out on behalf of the Department for Work and Pensions, there were 129 registered
qualified interpreters and 132 registered trainees in the UK in 2001, for
a deaf population estimated at between 28,000 and 70,000 ).
- Most voluntary organisations for the deaf support BSL in the United Kingdom.
The deaf community, though very dispersed and numerically small, is overwhelmingly
in favour of official recognition of BSL.
E. Deaf people's difficulties in securing recognition of their rights
- The deaf are not entitled to education and employment on an equal footing
with the non-hearing impaired, owing to the fact that their right and their
need to communicate are largely disregarded. According to a survey carried
out by the Royal National Institute for the Deaf recording the experiences
of deaf people in the United Kingdom applying for Disability Living Allowance,
almost 40 % of those who appealed against refusal felt the appeals panel was
not deaf aware. More seriously, for those who had a medical assessment 76
% said it was difficult to communicate with the doctor. 63 % were not told
of their right to communication support for their medical and one in five
appellants attended their tribunal hearing without the necessary communication
support. If BSL had been a recognised language, the interpreter's fees would
have been payable by the court.
- Some distressing cases concern the United Kingdom, where a person was remanded
in custody for a week without being charged because it was impossible to find
him an interpreter. Only this year, the Irish Minister for Education and Health
raised an outcry by announcing that some deaf schools would not be included
in a list of schools eligible to receive state funds by way of compensation
to victims of sexual abuses, on the ground that deaf pupils were not compelled
to enrol in these schools.
- Many deaf children are not secured the right to receive a bilingual education,
that is in their country's sign language and written language. In France there
is a political will to recognise French sign language (LSF) at school by making
it an examination subject and possibly an A level examination subject.
F. Visit to two model states
- I visited Sweden and Finland, as the EUD had indicated that the best treatment
of sign languages and most advanced research on sign languages is to be found
there. A four-day visit has confirmed that these countries are far ahead,
being home to Professor Bergman of Stockholm University, the first professor
of sign languages, Mrs Kauppinen, Executive Director of the Finnish Federation
for the Deaf (FAD) and President of the World Federation of the Deaf and Mr
Jokinen, the Chairman of the FAD and Vice-President of the EUD.
- Sign languages are used in education and everyday life in both countries.
Sign language has been a recognised language since 1981 in Sweden, where 8-10.000
deaf people use sign language. There is an absolute right to be taught in
sign language, which is also used as the medium for teaching deaf pupils Swedish.
I was shown the development of the curriculum, which could become a model
for the way in which sign language can be used to teach home languages in
other countries. In both Sweden and Finland parents have the right to free
tuition. The law in Sweden provides for up to 240 hours of free sign language
interpretation per year for deaf people and the country has 450 sign language
interpreters. In Finland, where sign language is protected by the Constitution
as a minority language, and with 5,000 having it is a mother tongue and 10,000
hearing people using it, Finnish municipalities are obliged to organise such
services for people in need of such assistance. The law there allows for 120
hours of free sign language interpretation per year (240 for aurally and visually
disabled persons) and there are 500 interpreters. Despite these figures, there
is felt to be a lack of interpreters in Sweden and in Finland.
- Cochlear implants represent a recent substantial technological advance but
are nevertheless an area of concern in both countries. They are seen more
as a high-tech hearing aid by the deaf than as a 'cure for deafness'. The
deaf community expresses concern that deaf children could lose the opportunity
to learn sign language, with use of this device leading to decreased competence
in sign language as the first language. Indeed, the proportion of deaf students
in universities is generally greater than that of hard of hearing, perhaps
because the hard of hearing have less support. There is also a strong cultural
feature to sign language - in both Sweden and Finland it is taught as a foreign
language, with 10,000 learning it in each country as a second mother tongue,
second language or foreign language to the positive benefit of deaf people
using sign language as their first language. There is much frustration in
the deaf community over recognition of sign language and culture - outside
Sweden, Finland, Norway and Denmark there is a long way to go. In Sweden and
Finland it is deemed that deaf people are an important minority whose rights
should be protected and quality of life improved, even if a cost is involved.
G. Conclusions and recommendations
- The progress achieved in the recognition of sign language remains slow.
There are two types of obstacle to official recognition. The first is due
to ignorance on the part of governments and legislators as to the role performed
by sign language. The second stems from the mistaken view of the non-hearing
impaired that a hearing aid is the solution to all problems of deafness, and
that sign languages are universal. Recognition of these languages receives
very little support from the public.
- Another reason often invoked by many countries is purportedly linked with
the cost that official recognition of these languages would incur. State institutions
controlled by the public sector should really afford access to these languages.
In the United Kingdom, the government recently introduced an additional study
grant for deaf students in higher education.
- However, successes are recorded in Europe. In Finland, many public service
employees have been trained in the basics of sign language. Ireland and Denmark,
the United Kingdom and Greece have sign language training programmes for teachers,
and Portugal, France, Spain and Greece too have programmes aimed at professional
staff wishing to work with the deaf, and these include sign language. In Greece,
the first university department specialising in sign language for the education
of deaf children has been set up. Sign language has been introduced into some
schools in Portugal. In France, sign language interpretation is recognised
as an occupational activity. Lastly, a movement in support of bilingual education
is afoot in Denmark and the Netherlands.
- It is important that all these efforts should be acknowledged and carried
over to the European context. The recommendations to be made relate to recognition
of sign languages as regular languages with corresponding rights for the users,
the right to free choice between oral or bilingual school systems, the introduction
of sign languages as a communication channel in general and vocational education,
and the adoption of practical measures for ensuring full participation by
the minority of deaf people in the community.
- This will make it possible to achieve an increase in the number of interpreters
and ease of access to public and private services, education, recreation and
social activity, thereby making for significant enhancement of the quality
of life and human rights for the deaf.
APPENDIX
Programme of the Rapporteur's visit to Stockholm and Helsinki
9-12 December 2002
Stockholm
Monday 9 December 2002
09.00 Brita Bergman at Department of Sign Language, Institute of linguistics,
Stockholm University, Frescati campus, Södra husen, House C, floor 3, Room C
363
09.05 - 10.00 Unit for Sign Language Interpretation, Stockholm University Thomas
Ahron (room F 632)
10.30 - 11.45 Visit to Väddö Folk High School (Sign Language programs for parents
of deaf children, Interpreter training). Director Björn Albihn, Anna Hein, Jonas
Karlsson
12.15 Lunch at Restaurant Lantis with Kristina Svartholm (Vice-dean of the
Faculty of Humanities, Professor in Swedish as a second language of the deaf,
Department of Scandinavian Languages) and Brita Bergman
13.30 -14.15 Institute of Interpretation and Translation Studies (and interpreter
training). Director Gunnar Lemhagen (Room F 603) and Karin Andrée-Heissenberger
15.00 - 16.00 National Board of Education, Ahlströmergatan 12 (at Kungsholmen).
Director of Education Jan-Erik Östmar and Christer Degsell, expert
16.00 - 17.00 continued meeting with Mr Degsell
Tuesday 10 December 2002
11.00 - 11.30 Visit to the Manilla School, Special school for the deaf Manillavägen
32-36 (at Djurgården). Åsa Helmersson (Kerstin Olsson, Harriet Björneheim)
Concluding meeting with Brita Bergman (at the Manilla School)
Helsinki
[Place: The Light House]
16.30 Meeting with Ms Liisa Kauppinen, the Executive Director of the Finnish
Association of the Deaf (FAD) and the President of the World Federation of the
Deaf (WFD)
17.00 Video conference with Mr Markku Jokinen, the Chairman of the Finnish
Association of the Deaf and the Vice-President of the European Union of the
Deaf (EUD)
18.00 The Culture Centre of the FAD (a short visit at the Library and the Deaf
Museum) / Mrs Tiina Naukkarinen, Museum of the Deaf
18.30 TV interview by Ilkka Kilpeläinen, the Finnish Sign Language News, YLE
(Finnish Television) at the Finnish Association of the Deaf
19.00 Dinner with Ms Liisa Kauppinen
Wednesday 11 december 2002
[Place: The Light House]
09.00 - 10.00 The status of the sign language users in Finland / Ms Liisa Kauppinen
10.00 - 10.30 Sign language education services / Ms Pirkko Rytkönen, The Head
of the Education Unit, FAD
10.30 - 11.00 Sign Language in Finland & different projects / Ms Päivi
Lappi, the Head of the Sign Language Research Center
11.00 - 11.30 Sign language therapy services / Ms Pirjo Leino, Therapist (a
video conference)
12.00 Lunch
13.00 - 13.30 ProSign Ltd / Ms Tarja Sandholm, the Executive Director
14.00 - 16.00 Inauguration of the Ainola Service Centre (service housing for
deaf people with mental retardation)
19.30 Dinner with Mr. Markku Jokinen
Thursday 12 December 2002
[Place: The Light House and the Social and Health Ministry]
10.30 - 11.30 Finnish Sign Language Dictionary / Ms Anja Malm, Head of Research,
FAD
12.00 - 13.00 Meeting with Ms Viveca Arrhenius, Senior Adviser, and Ms Aini
Kimpimäki
Reporting committee: Committee on Legal Affairs and Human Rights
Reference to committee: Doc 9156, Reference 2635 of 25 September 2001
Draft recommendation adopted unanimously by the Committee on 10 January 2003
Members of the Committee: Mr Lintner (Chairperson), Mr Magnusson, Mrs Gülek,
Mr Marty (Vice-Chairpersons), Mr Akçali, Mr G. Aliyev (alternate: Mr R. Huseynov),
Mr Andican, Mr Arabadjiev, Mr Arzilli, Mr Attard Montalto, Mr Barquero Vázquez,
Mr Berisha, Mr Bindig, Mr Brecj, Mr Bruce, Mr Bulavinov, Mr Chaklein, Mrs Christmas-Møller,
Mr Clerfayt, Mr Contestabile, Mr Daly, Mr Davis, Mr Dees, Mr Dimas, Mrs Domingues,
Mr Engeset, Mrs Err, Mr Fedorov, Mrs Frimansdóttir, Mr Frunda, Mr Guardans,
Mr Gustafsson, Mrs Hajiyeva, Mr Holovaty (alternate: Mr Shybko), Mr Jansson,
Mr Jaskiernia, Mr Jurgens, Mr Kastanidis, Mr Kelemen, Mr S. Kovalev, Mr Kresák,
Mr Kroll, Mr Kroupa (alternate: Mr Mezihorak), Mr Kucheida, Mrs Libane (alternate:
Mr Cilevics), Mr Lippelt, Mr Manzella, Mrs Markovic-Dimova, Mr Martins, Mr Mas
Torres, Mr Masson, Mr McNamara, Mr Meelak, Mrs Nabholz-Haidegger, Mr Nachbar,
Mr Olteanu, Mrs Pasternak, Mr Pellicini (alternate: Mr Budin), Mr Penchev, Mr
Piscitello, Mr Poroshenko, Mrs Postoica, Mr Pourgourides, Mr Ransdorf, Mr Rochebloine,
Mr Rustamyan, Mr Skrabalo, Mr Solé Tura (alternate: Mrs Lopez-Gonzalez), Mr
Spindelegger, Mr Stankevic, Mr Stoica, Mrs Stoisits, Mrs Süssmuth, Mr Symonenko,
Mr Tabajdi, Mrs Tevdoradze, Mr Tokic, Mr Vanoost, Mr Wilkinson (alternate: Mr
Lloyd), Mrs Wohlwend
N.B. The names of those members who were present at the meeting are printed
in italics.
Secretaries to the Committee: Ms Coin, Ms Kleinsorge, Mr Cupina, Mr Milner
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