The Non-governmental organization "Public Movement "Social Unity" addressed to Dmytro Lubinets, Commissioner for Human Rights of the Verkhovna Rada of Ukraine, with a letter in which the Organization's team expressed gratitude for the work in the direction of solving the issues of protection of human and citizen rights and freedoms in Ukraine. We, as a public association of people with disabilities, which has been taking care of the problems of people with disabilities and removing barriers for their full integration in society for more than seven years, thanks to the initiative and activity of Dmytro Lubinets, we have been observing great progress in building a free barrier-free space in Ukraine for the past two years.
But the letter to D.V. Lubinets also describes problems known to our Organization that still exist and create "barriers" for people with hearing impairment. The text of the letter can be found below.
"Unfortunately, despite all your efforts aimed at overcoming the most imperceptible to others, and precisely because of this the most widespread barrier – communication, Ukrainian society, in particular, public service providers and individual representatives of authorities, due to their own reluctance to realize problems and needs people with hearing impairments, contribute to the continued existence of this barrier. For many years, the communication barrier has prevented full integration into society and ensuring a truly equal position for people with hearing impairments, for whom Ukrainian sign language is their native language. The absence of a state policy of support and protection of Ukrainian sign language during the rule of the Soviet regime in Ukraine led to a lack of understanding among hearing Ukrainians about the existence of Ukrainian sign language as a separate language structure, ensuring the functioning of which in the public space is the duty of any provider of public services, and long-term segregation people with hearing impairments – to insufficient awareness by representatives of the public sector of the need to take into account the needs of such people during their activities.
In the end, this led to the continued existence of unacceptable practices that contradict the ideas of barrier-freeness. In particular, the usurpation of power by certain institutions of civil society and the inaction, and sometimes indirect assistance, of representatives of the authorities in such illegal usurpation.
On November 12, 2021, on the official website of the Eastern Interregional Department of Justice (Kharkov) in the "News" section at the page address https://kharkivobljust.gov.ua/news/do-uvahy-derzhavnykh-ta-pryvatnykh-notariusiv/ the news item "ATTENTION OF STATE AND PRIVATE NOTARS!" appeared, in which it was noted that the Ministry of Justice of Ukraine received an appeal from the All-Ukrainian non-governmental organization of persons with disabilities "All-Ukrainian Society of the Deaf" (VGOI UTOG) with information on the legal grounds for involving sign language interpreters in committing notarial acts and documents certifying a person's right to perform translation from/into sign language. According to the published appeal, "sign language translators must have an appropriate certificate with an appendix to it certifying their right to carry out professional activities in the provision of translation services in the legal field between Ukrainian sign language and verbal, oral language. Such certificates and supplements to them are issued exclusively by VGOI "UTOG" for a certain period, after the regular certification of the sign language interpreter in accordance with the level of his competence in the legal field. Only individual sign language interpreters are granted the right to translate in the legal field. These are sign language interpreters who are officials of the Ukrainian Society of the Deaf and are responsible for their actions. You can always find up-to-date information about active sign language interpreters on the official website of the UTOG VGOI: www.utog.org in the "Register of Sign Language Interpreters" section.
Also, by the Letter of the Ministry of Justice of Ukraine dated January 5, 2022 No. 1198.149073-33-21/37.1, territorial bodies are instructed to inform state notary offices, state notarial archives and private notaries of information regarding the legal grounds for engaging sign language interpreters. Among other things, the Letter states that "Registries of sign language interpreters, which are implemented and maintained by non-governmental organizations, serve as additional means of checking the qualifications of a sign language interpreter."
At the same time, as according to Art. 34 of the Law of Ukraine "On Education", professional qualifications are confirmed by subjects authorized to do so by legislation, in particular by subjects of educational activity. Any separate additional verification of the professional qualifications of a sign language interpreter, in addition to his presentation of a corresponding document from the list specified in the Professional Standard "Sign Language Interpreter (Sign Language Interpreter)" (including during translation in any field, in particular in legal) is not required by any provisions of the current legislation of Ukraine.
VGOI "UTOG", stating on its web page knowingly false information, artificially creates conditions under which the participation of sign language interpreters during the performance of notarial acts is limited exclusively to their employees, thereby limiting the right of the deaf to free use of sign language and involvement in notarial services actions of a sign language interpreter, who has a corresponding document certifying his professional qualification as a sign language interpreter, but is not part of the structure of VGOI "UTOG".
Illegal requirements of notaries to sign language interpreters, which are put forward by them based exclusively on unreliable information that comes from a separate non-governmental organization and is supported by the Ministry of Justice of Ukraine in official explanations, directly violate the rights of the deaf, not destroying existing barriers, but creating new ones.
The Non-governmental organization "Public Movement "Social Unity", receiving appeals from deaf people about not allowing sign language interpreters to participate in notarial acts due to the latter's lack of a corresponding "insert" from UTOG, repeatedly appealed to the Ministry of Justice of Ukraine and its territorial units, with the aim of refuting the Ministry and its territorial divisions of the incorrect information they spread, which promotes discrimination of people with hearing impairments, but, unfortunately, they received only formal renounce.
Also, cases of public sector entities ignoring the need to adapt their space and services to the needs of people with hearing impairments are unacceptable. Even more unacceptable is such disregard from representatives of the "Business Without Barriers" community, initiated by the First Lady of Ukraine, Olena Zelenska.
In particular, in response to a request to JSC "Oschadbank" to provide information on measures taken by it to adapt premises and services for the needs of people with hearing impairments, in a letter dated 04/07/2023. No. 63/2-01/106 JSC "Oschadbank" reported that it has taken a number of measures to create an inclusive space in the Bank's branches, as a result of which the Bank's equipment and branches meet the requirements of inclusivity. In particular, the site was adapted for users with visual impairments, installed in the branches of ATMs and IPT with duplication of voice commands, placement of contrast tapes for people with visual impairments on the entrance doors of all branches, as well as ramps/elevators for people with disabilities.
However, among the list of measures taken by JSC "Oschadbank" with the aim of creating an inclusive space for people with disabilities in the premises of branches, unfortunately, there is no measure to ensure information accessibility of the premises and services of JSC "Oschadbank" for people with hearing impairments.
At the same time, it should be noted that adapting the premises of service providers to the needs of people with hearing impairments does not require making any structural changes to the premises themselves, and, accordingly, the design is an easily feasible measure in the case of the service provider having a high level of social responsibility and a sincere desire to make their premises and services are really accessible to everyone (which is successfully demonstrated by the Kharkiv City Territorial Community, which, despite the constant attacks of the Russian invading army, continues to provide barrier-free services of its communal facilities for people with hearing impairments), and not just to receive "accessibility badges" from friendly structures without achieving the real goal of implementing barrier-free ideas.
What is regrettable is not so much the fact of the inaccessibility of the services and premises of one of the largest representatives of the "Business Without Barriers" initiative, but rather the failure to recognize the very necessity of introducing accessibility for people with hearing impairments into its activities by an entity that claims "that social responsibility, the interests of customers and providing equal access to financial services for all citizens is a priority issue of his activities."
Such a provision is unacceptable in view of the public positioning of JSC "Oschadbank" as a barrier-free business, as well as the extremely high demand and popularity of JSC "Oschadbank" services, which are not at all adapted to the needs of people with hearing impairments and the very necessity of adapting them to the needs of the deaf , judging by the official responses of JSC "Oschadbank", it is not considered by the latter as a priority.
In view of your authority and many years of work in creating a barrier-free space in Ukraine accessible to everyone, the Non-governmental Organization "Public Movement "Social Unity" asks you to pay attention to the situations outlined in this appeal, which are becoming dangerously systemic, and to take within your competence, measures aimed at eliminating discrimination and stopping the violation of the rights of sign-deaf people in Ukraine.
In view of the focus of your activities on the protection of human and citizen rights and freedoms, prevention of any forms of discrimination, please draw your attention to the situations outlined in this appeal, which are becoming threateningly systemic in nature, which directly affect the rights of people with disabilities and potentially lead to discrimination of sign language people with hearing disabilities, and take appropriate measures in accordance with your authority.
