The Non-governmental organization "Public movement "Social Unity" appealed to the Chairman of the Management Board of JSC "Oschadbank" Serhiy Naumov regarding the creation of conditions based on the principle of barrier-free services for persons with hearing impairments whose native language is sign language.
JSC "Oschadbank" has been a member of the "Business Without Barriers" community since 2020.
According to the principles of the initiative "Barrier-free Business", accessibility in business is effective communication with customers, employees and the general public about implemented barrier-free measures; this is a movement towards the absence of barriers for people with various forms of disability arising from:
- finding employees and hiring them;
- adaptation and training of employees at the workplace and in the team;
- development of products and services for customers;
- designing spaces for interaction with clients, etc.
In the 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.
Ensuring the accessibility of public buildings and structures for people with disabilities and other groups of the population with reduced mobility, as well as ensuring the free use of Ukrainian sign language in any sphere of life, are tasks for which the National Strategy for the Creation of a Barrier-Free Space in Ukraine was adopted for the period up to 2030, the National Action Plan for the Implementation of the Convention on the Rights of Persons with Disabilities for the period until 2025.
In wartime, accessibility does not just remain in focus - it acquires even greater importance. This is a question of safety, and a return to normal life, and the restoration of a person so that no one remains locked in his world behind the barrier of an active life.
As Olena Zelenska noted at the meeting of the Accessibility Council on February 15, 2023, "accessibility is much more than a single ramp at the entrance. It is a matter of quality of life and even survival. Barrier-free means creating a comfortable environment for everyone."
During the meeting of the Barrier-Free Council on February 15, 2023, four priority directions for the implementation of the National Strategy for the Creation of a Barrier-Free Space in Ukraine for the period up to 2030 for the next two years were determined:
- barrier-free space;
- barrier-free services;
- barrier-free goods;
- barrier-free information.
Therefore, barrier-free space, services and information for 2023-2024 is defined as one of the priority directions for the implementation of the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030.
Providing barrier-free services and premises depends on the service providers/keepers of the premises, and the quality of implementation of barrier-free ideas in life depends on the level of their social responsibility. If the need to use such means is perceived by service providers as a social norm, and the interest in implementing the ideas of barrier-free is due to a high degree of social responsibility, in this case, the interests of all population groups are really taken into account when designing barrier-free measures, and the services of such subjects can actually become barrier-free.
Measures taken by JSC "Oschadbank" to create an inclusive space in the Bank's branches, according to the Letter dated April 7, 2023. No. 63/2-01/106, there is adaptation of the site for users with visual impairments, installation of ATMs and IPTs with duplication of voice commands in branches, placement of contrast tapes for people with visual impairments on the entrance doors of all branches, as well as ramps/elevators for people with a disability
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 disabilities.
Today, about 10% of Ukrainians have hearing impairments, of which more than 42,000 people are people with complex hearing impairments who cannot hear and usually do not speak, their native language is sign language. 80% of these people are able-bodied and active. However, the realization of their rights is impossible until a real barrier-free space is created in Ukraine. At the same time, the existing environment in which they live is practically not adapted to their needs, creating significant inconveniences and limitations. For many years, the needs of people with hearing impairments were neglected by the authorized bodies during the design of public buildings and structures.
Deaf people, despite the possibility of unhindered physical access to the objects of the physical environment, have specific barriers to access any object, namely, primarily the information barrier, which makes it much more difficult or even impossible for such persons communication with other persons.
Provided there is a communication barrier, only physical access to the premises is insufficient for full access to such an object for persons with hearing and speech impairments.
From April 1, 2019, the State Building Regulations of the State Building Code of Ukraine V.2.2-40:2018 "Buildings and structures. Inclusiveness of buildings and structures", which contain about 100 quality changes for the safety and comfort of both people with musculoskeletal disorders, as well as people with visual, hearing, mental impairments and other groups with limited mobility: the elderly, parents with small children children, pregnant women.
The measures provided for by DBN B.2.2-40:2018 to ensure the accessibility of premises for persons with hearing impairments are related to the technical equipment of the premises and, unlike the measures to ensure the accessibility of premises for persons with musculoskeletal disorders, do not provide making changes to the design of existing objects of the physical environment. However, this does not make these measures less important than arranging ramps, elevators, widening doors, stairs, arranging toilets for the needs of people with disabilities.
For the first time, DBN V.2.2-40:2018 established the obligation to install barrier-free elements in the design of buildings and structures of public purpose, taking into account the needs of people with hearing impairment through the organization of translation into sign language, the use of sound amplification systems for people with partial hearing loss .
In particular, clause 9.2 DBN V.2.2-40:2018 establishes that the design of public buildings and structures taking into account the needs of people with hearing impairments consists in installing in the lobbies of these structures, taking into account their functional purpose, information terminals, information screens or boards of the type " running line", devices with the possibility of text or video communication and arranging at least one workplace for the reception of persons with disabilities, equipped with special video communication devices with a sign language translator and speech-to-text synthesis, as well as equipped with special personal devices sound amplification.
According to the provisions of Art. 4 of the Law of Ukraine "On ensuring the functioning of the Ukrainian language as a state language", Ukrainian sign language is the language of the community of sign language persons. In Ukraine, everyone is guaranteed the right to freely use Ukrainian sign language in public life, to learn and support it, as well as to learn Ukrainian sign language. None of the provisions of this Law can be interpreted as aimed at narrowing the scope of the use of Ukrainian sign language.
The implementation of information accessibility is one of the priority areas provided for by the National Strategy for the Creation of a Barrier-Free Space in Ukraine for the Period Until 2030, approved by the Decree of the Cabinet of Ministers of Ukraine dated April 14, 2021 No. 366.
Also, one of the main problems of ensuring information accessibility, indicated in the National Strategy for the Creation of a Barrier-Free Space in Ukraine for the period until 2030, is the insufficient availability of digital public services (websites, mobile applications). The accessibility of web resources removes barriers that prevent people with certain types of impairments from using them and, thus, when interacting with it, all users are on equal terms. If web resources are developed in accordance with accessibility standards, they are convenient for users who have a certain specificity of information perception. Access to web resources for people with visual and hearing impairments and people with intellectual disabilities is the most problematic. According to the results of research conducted by the Ministry of Digital Transformation of Ukraine in 2021, 82 tested sites and 7 service platforms are not 100% accessible. And if the practice of adapting web resources for the needs of people with visual impairments has begun to be implemented by service providers in recent years (albeit not on a large enough scale), the adaptation of web resources for the needs of people with hearing impairments has unfortunately not yet become widespread. This creates barriers to access to socially important information.
In 2023, international web accessibility guidelines WCAG 2.1 became available in Ukrainian for the first time. WCAG 2.1. are standards of universal (inclusive) design designed to ensure maximum access to web content for people with disabilities (visual, hearing, intellectual disabilities).
The requirements of WCAG 2.1 provide for taking measures to adapt web resources for the needs of perception of people with hearing impairments by adapting the content posted on the site to Ukrainian sign language.
Therefore, the requirement to ensure the availability of premises, services and web resources for people with hearing impairments and the organization of translation from/to Ukrainian sign language is not a formal requirement, but a mechanism for fulfilling international obligations regarding the protection of the rights of people with disabilities, and therefore to the question provision of translation from/into sign language cannot be treated formally.
Only such provision of translation from/into sign language, which simultaneously meets the requirements of legality, universality, non-discrimination, equality and social justice, accessibility for people with hearing disabilities, can be considered a proper fulfillment of the requirements of DBN B.2.2-40:2018, the National Strategy for creation of a barrier-free space in Ukraine.
Failure to ensure the accessibility of premises for one of the groups of people (for example, people with hearing impairments) under the condition of creating additional conditions for the accessibility of premises for other groups of people (for example, people with visual impairments, with disorders of the musculoskeletal system) is nothing more than discrimination, namely, a situation in which, as a result of the implementation or application of formally neutral practices, a person and/or a group of persons, due to their certain characteristics (hearing disability), have less favorable conditions or a situation compared to other persons and/or groups of persons.
In accordance with the provisions of Article 6 of the Law of Ukraine "On Principles of Prevention and Counteraction of Discrimination in Ukraine", discrimination by legal entities under public and private law, including indirect discrimination, is prohibited.
In accordance with the provisions of Art. 9 of the Law of Ukraine "On Principles of Prevention and Counteraction of Discrimination in Ukraine", the subjects empowered to prevent and counterdiscrimination are, in particular, public associations.
Non-governmental organization "Public Movement "Social Unity" is a public association of persons with disabilities, which for more than six years has been actively fighting for the implementation and implementation of the ideas of barrier-free accessibility as a social norm.
We, as a public association of persons with disabilities, as well as socially responsible citizens, are interested in the high-quality implementation of the ideas of barrier-freeness, as we carried out extensive educational and popularization work on the need to create equal access to premises and services for people with hearing impairment long before awareness of this need at the state level. We continue the struggle in this direction in the future, because the understanding by all subjects, both the state and the non-state sector, of the importance of taking additional measures in their activities to meet the needs of people with certain characteristics, such as hearing disability, is a sign of a highly developed socially responsible society.
Only when the need to use such means will be perceived by service providers as a social norm, and interest in the implementation of barrier-free ideas will be determined primarily by a high degree of social responsibility of service providers in the state, communal and non-state sectors, and not by the threat of sanctions - only in this case We, as public association of persons with disabilities, we will consider our mission in this part accomplished.
The main goals of the activities of any non-governmental organization in Ukraine are the implementation and protection of rights and freedoms by citizens of Ukraine in relations with state and local self-government bodies, other public associations, physical and legal entities, international organizations, etc.
The right to join non-governmental organizations is a right guaranteed by the Constitution of Ukraine, in Art. 36 of which it is stated that citizens of Ukraine can freely join political parties and non-governmental organizations to exercise and protect their rights and freedoms, as well as to satisfy political, economic, social, cultural and other interests.
The Constitution of Ukraine gives everyone the right to appeal, and given the absence of a regulatory act in the current legislation that would regulate the consideration of appeals by non-governmental organizations, as well as considering the fact that a non-governmental organization is an institution that acts on behalf and in the interests of its members (in particular, citizens of Ukraine), realizes their rights, contributes to the protection of the rights of citizens of Ukraine and the restoration of such rights in the event of their violation, the provisions of the Law of Ukraine "On Citizens' Appeals" apply to appeals by public associations.
According to Part 1 of Art. 15 of the Law of Ukraine "On Appeals of Citizens", state authorities and their officials, whose powers include consideration of applications (petitions), are obliged to objectively and timely consider them, verify the facts stated in them, make decisions in accordance with current legislation and ensure their implementation, inform citizens about the consequences of consideration of applications (requests).
In accordance with Part 3 of Art. 15 of the Law of Ukraine "On Appeals of Citizens", the response to the results of consideration of applications (petitions) is mandatory by the body that received these applications and whose competence includes the resolution of the issues raised in the applications (petitions), signed by the manager or person, which fulfills his duties.
On the basis of the above, guided by the provisions of Art. 9 of the Law of Ukraine "On Principles of Prevention and Counteraction of Discrimination in Ukraine", Art. 15 of the Law of Ukraine "On Appeals of Citizens".
In view of the fact that the creation of an unobstructed living environment for people with various needs is one of the important tasks to be implemented throughout Ukraine in accordance with the international obligations undertaken by Ukraine by signing the Convention on the Rights of Persons with Disabilities, as well as in view of the inadmissibility of any what kind of discrimination, please:
- Conduct an audit of the existing level of accessibility of premises, information, services and web resources of JSC "Oschadbank" for people with hearing impairment for possible discrimination of people with hearing impairment.
- In the case of self-detection of signs of discrimination against people with hearing impairments, information, communication and other "barriers" in the premises, information, services and web resources of JSC "Oschadbank" for people with hearing impairments, develop a plan to eliminate them.
- Take effective and efficient measures to adapt the premises, information, services and web resources of JSC "Oschadbank" to the needs of people with hearing impairments and eliminate discrimination of people with hearing impairments.
- Provide information on the measures adopted by JSC "Oschadbank" to eliminate discrimination against people with hearing impairments, adaptation of branch premises, services, JSC "Oschadbank" website for the needs of people with hearing disabilities.
The Non-governmental organization "Public Movement "Social Unity" is active in the direction of creating a barrier-free space for people with disabilities (including people with hearing impairments) and during its activity has achieved significant practical results, applied the best practices of adaptation of premises, information, services and content of web resources for the perception needs of people with hearing impairments that meet the requirements established by DBN V.2.2-40:2018 "Buildings and structures. Inclusiveness of buildings and structures", the National Strategy for the creation of a barrier-free space in Ukraine for the period until 2030, the Laws of Ukraine "On the principles of preventing and countering discrimination in Ukraine", "On the basics of social protection of persons with disabilities in Ukraine", "On ensuring the functioning of the Ukrainian language as the state language". The positive experience of the Organization in collaboration with the city authorities of Kharkiv in creating conditions for ensuring the rights of people with hearing disabilities to equal and barrier-free access to health care facilities in pandemic conditions is recognized at the UN level and recommended for use in the world (item 23, page 10 of the Report ).
https://ukraine.un.org/sites/default/files/2020-11/UKR_Briefing_Note_COVID_PwD_0.pdf
In the event that JSC "Oschadbank" has questions or the need for assistance is identified, the Non-governmental Organization "Public Movement "Social Unity" is ready to provide assistance to JSC "Oschadbank" in conducting an audit of the existing level of availability of premises, information, services and web- resources of JSC "Oschadbank" for people with hearing impairment on the subject of their possible discrimination, development of a comprehensive plan of measures to ensure barrier-free access of people with impaired hearing to premises, information, services, web resources of JSC "Oschadbank" so that the experience of JSC "Oschadbank" of creating a barrier-free space for people with hearing impairments, as a socially responsible business entity and member of the "Business Without Barriers" community, was scaled at the state level and borrowed by other business entities so that barrier-freeness turned into a social norm.
