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Article 13 : Freedom of Thought, Expression and Opinion

Information Sheet

Prepared by the International Disability Caucus

The IDC would like to emphasize that draft article 13 of the Working Group Text seems to focus on issues related to access to information and less on the other aspects of the right to freedom of expression and opinion. We call on delegations to include g aspects of the ICCPR which references elements of freedom of expression and thought in the chapeau and body of article 13.

 Why sign languages should be recognized in national legislation

 Sign languages are not a method or mode of communication; they are natural languages with their own grammatical structure. To date, 30 countries have recognized sign languages in their national legislations. Most recently, the Government of New Zealand has introduced a Sign Language Bill which should come into force in mid 2005. Acknowledgment of Sign languages as real languages comes from serious difficulties for Deaf people to access government services leading to injustices being experienced by our colleagues. For example, Deaf people reported being denied the use of interpreters in courts leading to a lack of access to justice. In medical settings, the denied use of interpreters may lead to risks of misdiagnosis and lack of informed consent. Furthermore, because sign languages are not recognized on a legislative level, the majority of Deaf children are denied the use of Sign language and cannot receive education in their own language. This results in Deaf children being excluded from education, a fundamental human right.

Why we need to specifically identify Braille in the Convention

Braille is the primary literacy medium for Blind and Deafblind people and is the only mode of communication used for writing and reading. As technology continues to develop alternative modes of communication, Braille will remain fundamental for reading and writing for Blind, Deafblind and partially sighted people. For example, in one’s own home, a Blind person uses Braille to mark their spice tins; a practical need that cannot be replaced by technology. For the non-visually impaired community, the idea of removing written text as technology develops would never be supported by society. Therefore, why should it be proposed to remove the script for Blind persons in the case of Braille and replace it with sound technology? Moreover, for Deafblind people, sound technology cannot replace Braille. No country has so far recognized Braille as the legal script for blind persons in their national legislations.

What is augmentative and alternative communication and why it is important

 Some persons cannot communicate by speaking or writing because of a physical (e.g. cerebral palsy) or intellectual disability. Our colleagues use augmentative or alternative communication which may include a communication assistant, communication boards, assistive technology or any combination of these modes. This is what enables our colleagues to communicate and, therefore, is essential for the realization of their human rights.