MERCATOR :: Butlleti 65: Estatut Comunitat Valenciana (2006)

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[Versió oficial en català / Official version in Catalan]

LAW 27/2007, OCTOBER 23RD, 2007, BY WHICH SPANISH SIGN LANGUAGES ARE RECOGNISED AND THE MEANS OF SUPPORT FOR ORAL COMMUNICATION OF DEAF PEOPLE, PEOPLE WITH HEARING DISABILITY AND DEAFBLIND PEOPLE ARE REGULATED. (BOE 255, 24-10-2007.)

JUAN CARLOS I
KING OF SPAIN

To all those who the present [document] see and understand.

Know: that the Cortes Generales (Parliament) have approved, and I sanction the following law.

PREAMBLE

The deaf people, people with hearing disability and deafblind people live in a society that consists mainly of hearing people. For this reason, to their integration, they have to overcome communication barriers that are seemingly invisible to the eyes of people without hearing disabilities. The present Law tries to correct this situation and to favour their access to information and communication, taking into account their heterogeneity and the specific needs of each group.

Likewise, the principle of freedom of choice of the form of communication by deaf people, whatever their hearing disability might be, and by deafblind people applies in the Law. For this reason the knowledge, learning and use of the Spanish Sign language and the means of support for oral communication are recognised and regulated differentially.

There is no doubt that language is the main instrument of communication. The knowledge and use of a language favour and make possible the access and transmission of knowledge and information, besides being the basic channel structuring individual and social relations. Thus language is not only a simple manifestation of individual freedom, but transcends the private sphere and becomes an unavoidable tool for life in society.

Deaf people, people with hearing disability and deafblind people not always can access information and communication with their environment, either because they do not have at their disposal an interpreter of Sign language, when the deaf and deafblind people are users of Sign language, or because they do not have at their disposal the resources of support needed to make possible the communication through the oral language. Indeed, in most of the areas where this law should be applicable there are not, in many occasions, visual and acoustic adaptations that allow the improvement of the hearing and reception of auditory information, neither the means of support needed for oral communication, nor the services of interpreters of Sign language.

Deafblindness has a special difficulty. This disability is the result of a combination of two sensory handicaps (visual and auditory), that generates to the people that suffer from it unique problems of communication and special needs arising from the difficulty of perceiving globally, know and, therefore, being interested in and manage in their environment. Some deafblind people are totally deaf and blind, while others have auditory and/or visual remainings.

The demand of publicity as an inherent characteristic of the Rule of law, through which the rules have to be accessible to all citizenry; The ascertainment that it is not possible to speak of real and effective participation of the citizenry in the sphere of a democratic system without access to information and communication and without the expression of their ideas and wills through a language; The awareness that it is only possible to achieve social and cultural integration of a universal nature, from which citizen participation project itself to any social and cultural sphere –a demand of a social State- through access to knowledge and use of a language, are questions that, together with the importance that in contemporary societies have acquired the transmission of information through written and audiovisual media, force to consider the use and knowledge of a language as a right linked with the free development of personality and, ultimately, with achieving a dignified human life.

In any case, the deaf people, people with hearing disability and deafblind people community is very diverse and does not fit to only one communication pattern just for the fact of not being able to hear, or in the case of deafblindness, that combines both handicaps, not being able to hear or see. Therefore, the use of the oral language or the Spanish sign languages and the means of support for oral communication in their communication with their environment, their learning, access to information and to culture have to reflect a free and individual choice that, in the case of minors, is entitled to their parents or guardians.

From an educational point of view, the historical background of sign languages in Spain dates from the 16th century when monks undertook the work of educating deaf children. The Benedictine monk Pedro Ponce de León taught the deaf children under his responsibility how to communicate, a fact that allowed a reassessment of the long time professed beliefs about deaf people, contributing to a gradual change of mentality on them and their place in society. The monasteries at that time where forced to keep silence and the monks communicated with each other using manual signs; thus, for example, the Benedictines had at their disposal “signs for the things of greater importance, with which they were understood”. Pedro Ponce de León probably understood that it was possible to express reason without speaking, since he himself did it each time he used monastic signs to express his thoughts, and he used with deaf children a gestural system of communication.

In the 17th century the methodology changed, and this way Don Mauel Ramírez de Carrión used his times pedagogy to instruct deaf children, preparing them to integrate into society.

In the second half of the 18th century, don Lorenzo Hervás y Panduro published his treatise: “Spanish school of deafmute or the art to teach them how to write and speak in the Spanish language”, that represent a milestone in the pedagogical effort for the integration of deaf people.

The Spanish school reached to produce works of such importance for the natural language of deaf people like the mime and dactylology dictionary by Francisco Fernández Villabrille, which included 1.500 signs of the Spanish sign language described for its execution. Undoubtedly, it was the most important step towards standardization of Spanish sign language made until then, and a demonstration that the nature of the Spanish sign language was not only natural, but also historical.

In the 19th century, with the establishment of the first deafmute and blind schools, the institutionalization of the education of deaf, blind and deafmute people was made possible, with the result of linguistic and social integration among them, as well as the beginning of the systematic development of the proto-Spanish Sign language and the proto-Catalan Sign language.

The last quarter of the 20th century brought the recognition of the Spanish Sign language and the Catalan Sign language as the tools of communication specific to deaf people that freely chose to use one of them. Numerous national and international meetings have debated about the need of acknowledgement and use of these languages in order to guarantee full access to education, services, economical and cultural life, media and new technologies of information, as well as the need of these languages for the correct personal development and the social participation of deaf people that have chosen this method of communication.

The relevance of using and knowing the language is nowadays an unquestionable reality. However, and despite it, this construction on the importance and relevance of the language has been configured not taking into account other situations. Indeed, recognition of the value of the language should answer to the needs of people with hearing disability. Spanish sign languages, being the languages specific to deaf and deafblind people that have chosen this linguistic modality, have not had the acknowledgement nor the development they deserve, and it has been so even when numerous investigations carried out in national and international spheres have shown that sign languages meet all requirements of a natural language and have grammatical, syntactic and lexical characteristics of their own. Recently this situation has been rectified and proof of that are the passing of numerous rules, among them are noteworthy various Statutes of Autonomy that recognise the importance of sign languages.

III

In Spain, unlike other countries that lack this richness, the reality of the sign language acquires a new dimension, because the existence of the Catalan Sign language clearly shows how through this vehicle of communication it is possible to collaborate to the full participation in the political, economic, social and cultural life.

Catalan Sign language, that is the natural language of deaf people in Catalonia that have chosen this method of communication, and the one they use, therefore, in their daily life communications, has developed in Catalonia in a similar way to the Spanish sign language in the rest of Spain, in such a way that a communicative linguistic structure closely linked with the geographical, historical and cultural environment has been consolidated. The Parliament of Catalonia approved in June 30th, 1994 the "Non legislative motion on the promotion and dissemination of knowledge of the Sign language", and some Catalan Universities offer a Postgraduate degree to become "expert on interpretation of Catalan Sign language" the professional dimension of which is guaranteed regarding employment. In 2005 appeared the first "Basic grammar of Catalan Sign language" and a wide scientific bibliography of great linguistic value on the Catalan Sign language also exists. Finally, in 2006, the Statute of Autonomy of Catalonia made a recognition of the Catalan Sign language.

The use of resources that strengthen and make possible communication orally, through means of support for oral communication, like lip-reading, auditory prosthesis, subtitling and any other technological advancements, are a basic and fundamental right of deaf people, people with hearing disability and deafblind people that have freely chosen this method of communication.

The 20th century has been the moment of the most vertiginous advancements in alliance with medicine, audiology, science, technology, pedagogy and lip-reading in relation with hearing. Therefore, the inputs from this disciplines have made real unthinkable expectations for education and access to oral communication by people with hearing disability, as well as their integration and more active participation with their environment.

Technological advancements allow a deaf person, a person with hearing disability and a deafblind person, stimulated by his or her auditory prosthesis and with resources and means of support for oral communication, to access the oral language, that is the language of his or her cultural, working and social environment. It has to be considered that auditory loses might be congenital, might appear in the early ages and can be also acquired along adult life. Thus, the necessary resources to favour the maximum personal, work, cultural and even academic development shall be foreseen, attending to the principle of autonomy, normalization, social and educational integration and participation in community life and counting with appropriate professionals, duly qualified, able to cover all their needs.

For a long time, society has taken as reference a universal model of human being when projecting its idea of dignity. From there, and not without considerable effort, it has tried to recognise and value the differences using the principle of positive differentiation. This type of rule deals with an idea of equality that starts, precisely, from the acknowledgement of difference and aims to minimize as much as possible the effects that difference produces in the enjoyment of rights and in the development of a dignified human life.

The treatment of disability has not remained outside this trend. In the last years, both in the international and national spheres, while understanding disability as a relevant situation, a series of rules have appeared aiming to recognize specific rights.

In addition and directly related to the situation of people with disability, there have been expectations to justify this kind of measures through other reasonings. Indeed, since the seventies of the 20th century, a change in the way of understanding disability has begun, a change that has culminated in a new way to face this question.

These changes have had impact in the International Law, where the right to equality of opportunities is recognised in various documents. The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, where accessibility in communication is included in several regulations, stand out among them. Thus, the United Nations Organization, in its Resolution 48/96 of 20th December 1993, specifically its 5th rule, section 7, considers "the use of sign language in the education of deaf children, in their families and communities. Sign language interpretation services should also be provided to facilitate the communication between deaf persons and others". At the same time, in section 6, it establishes the obligation of States to "appropriate technologies should be used to provide access to spoken information for persons with auditory impairments".

The European Union, in its Charter of Fundamental Rights, and the Council of Europe, through the Convention for the Protection of Human Rights and Fundamental Freedoms, also recognise the right of all people to equality before the law and to be protected from discrimination. The European Union recognises and respects the right of people with disability to benefit from measures that guarantee their autonomy, social integration and participation in community life. For its part, the European Agency for Development in Special Needs Education, in its 2003 document on Key Principles in Special Needs Education, recommends to States implementing a legislative and political framework that supports integration with provision of resources which enhance the developments and processes working towards inclusion.

On the other side, the Committee of Ministers of the Council of Europe made a Recommendation on Protection of sign languages in the member states of the Council of Europe (Doc. 9738 of March 17th, 2003), recognising Sign language as a natural and full medium of communication, with the capacity of promoting the integration of people with auditory limitations into society and to facilitate their access to education, employment and justice. In the same way, the Recommendation 1492 (2001) of The Parliamentary Assembly of the Council of Europe on the rights of national minorities has recommended to Member States recognising officially the Sign language. Likewise, in the same sense, the Declaration of the European Parliament 1/2004 on the rights of deafblind people says that “deafblind people should have the same rights as are enjoyed by all EU citizens; these should be enforced by appropriate legislation in each Member State”.

In Spain, the Law 51/2003, December 3rd, on Equal Opportunities, Non-Discrimination and Universal Accessibility for People with Disability, has joined this tendency. This Law, developing the precepts of the Spanish Constitution, tends to, among other questions, promote the conditions for freedom and equality of people to be real and effective, removing obstacles that prevent or difficult their fullness and facilitating their participation in the political, cultural and social life (article 9.2 of the Spanish Constitution), fulfilling as well the obligation of public powers to render to people with disability the specialized attention they require for the enjoyment of the rights that the Constitution recognizes to all citizens (article 49 of the Spanish Constitution).

The fulfilment of the principles that inspire the Law 51/2003 demands the adoption of a set of measures that normalize society, in the sense of opening it to greatest extent possible to all citizenry and, of course, to people with disability, and that have as main aim to place them in equality of conditions, opportunities and possibilities for the development of the fundamental rights and a dignified life (articles 10.1 and 14 of the Spanish Constitution). In this sense, the aforementioned Law specifically provides for the regulation of Sign language and of the means of support for oral communication.

Thus, bearing in mind the importance the language has as a tool of information and knowledge, and taking into account from the Spanish constitutional and legal regulatory framework, both the development of means that facilitate access to verbal and written expression of the oral language to deaf people, people with hearing disability and deafblind people, and the configuration of the basic rules about learning, knowing and using the Spanish sign languages, constitute an obligation for public powers.

VII

The present Law is to respond both demands, from the conviction that both the normalization of society in relation with the question of disability and the integration of people with disability in all the social sphere, demand the promotion of their possibility of communicating through a language, being it oral and/or sign language. This possibility cannot limit itself to the establishment of a set of measures addressed directly to people with disability, but it has to be projected also to the rest of the citizenry, guaranteeing the comprehension and use of oral language and/or Sign language in every institution and entity that provide public services, in order to achieve the real and effective enjoyment of the fundamental rights.

It cannot be forgotten that the elimination of communication barriers makes disappear the communication difficulties between people with and without auditory limitations -communication implies a relational and intersubjective phenomenon. Thus, the benefits are not only limited to a specific group of deaf people, people with hearing disability and deafblind people, but to society as a whole.

The Law takes as a basis the capacities and potentialities of individuals, aiming at guaranteeing the possibility of developing individual skills, always from the respect for human dignity. Being aware of the fact that people with auditory limitations and deafblind people -who have a combination of two sensory handicaps (visual and auditory)- have different needs, which implies that some people chose to communicate through Sign language and other prefer to use resources that foster and make possible oral communication, the Law recognises the right to option, and leaves ultimately the choice in the hands of the main interested party: people with hearing disability and deafblind people, or their parents and guardians when they are minors.

VIII

The Law is structured in a preliminary title, a first title with two chapters; a second title with two chapters; seven additional provisions, a single repealing provision and six final provisions.

The Law, in its preliminary Title, establishes the acknowledgement and regulation of the Spanish Sign language, without prejudice to the acknowledgement of the Catalan Sign language in its field of linguistic use, as well as the regulation of the means of support for oral communication, the right to learning, knowledge and use of both the Spanish sign languages and the means of support for oral communication, allowing the freedom of choice of the resources that make possible their communication with the environment. In turn it regulates the effects which will take the implementation of the Law.

On the other hand, it enunciates the different concepts that emerge throughout the present rule, stopping in every one of them, the explanation of which is essential to guarantee an adequate interpretation of the Law; likewise, the principles from which it is inspired are established. Finally, it contains the spheres where the Law is to be implemented, according with the principle of transversality.

The first title is devoted to the learning, knowledge and use of the Spanish sign languages. Specifically, chapter one regulates its learning in the education system, and in chapter two the use of Spanish sign languages through interpreters of languages, in the different public and private spheres is contained.

Finally, the creation of the Linguistic Normalization Centre of Spanish Sign language is established.

The second Title is devoted to the learning, knowledge and use of the means of support for oral communication. Specifically, chapter one regulates the aforementioned learning in the education system and in chapter two the use of the means of support for oral communication in the different public and private spheres is contained.

Lastly, the creation of the Spanish Centre of Subtitling and Audio Description is established.

The Law, in its first additional provision, creates a Monitoring Commission within the National Council of Disability and establishes one year period for its setting-up.

The second additional provision establishes guarantees for structural provision.

The third additional provision contemplates the legal guarantees in relation with arbitration and protection by the courts.

The fourth additional provision establishes the temporary regime of the situation of the Spanish sign languages' interpreters and professionals.

The fifth additional provision entrusts to the Government the task of making a study on the professionals of sign languages and the necessary qualifications needed for their performance.

The sixth additional provision is devoted to the special attention required by people with deafblindness.

The seventh additional provision refers to the financing of technical supports for hearing.

The single repealing provision repeals all provisions with equal or lower rank opposing anything established by this Law.

The first final provision contemplates the basic character of the Law.

The second final provision establishes the supplementary condition of the Law 51/2003, December 2nd.

The third final provision considers the financing of the Law.

The forth final provision grants faculties of implementation and development of the Law.

The fifth final provision establishes the gradual application of the Law.

The sixth final provision regulates the entry into force of the Law.

PRELIMINARY TITLE

Article 1. Subject of the Law.

This Law is intended to recognise and regulate the Spanish Sign language as the language of deaf people, people with hearing disability and deafblind people in Spain, who freely decide to use it, without prejudice to the acknowledgement of the Catalan Sign language in its field of linguistic use, as well as the regulation of the means of support for oral communication.

This Law is also intended to recognise the Catalan Sign language, as the language of deaf people, people with hearing disability and deafblind people in Catalonia, who freely decide to use it, without prejudice to the subsequent regulatory and legislative guidelines that may concern the Generalitat of Catalonia, in the development of its competences.

All the references this Law makes to the Spanish Sign language shall apply to the other Spanish sign languages, in its own territorial area, without prejudice to what is laid down by the own regulation of each autonomous community in the exercise of its competences.

This Law is also intended to regulate the means of support for oral communication addressed to deaf people, people with hearing disability and deafblind people.

Article 2. Right to the learning, knowledge and use of the Spanish sign languages and the means of support for oral communication.

The right to the free option of learning, knowledge and use of the Spanish sign languages and of the different means of support for oral communication, under the terms established by this Law, is recognised to deaf people, people with hearing disability and deafblind people.

Article 3. Effects of the Law.

1. Rules set forth in this Law shall enter into force in all Spanish territory, without prejudice to the regulation concerning the area of the Autonomous Communities, guaranteeing in any case the equality referred to in the first final provision.

2. In this law the necessary measures and guarantees are set forth in order that deaf people, people with hearing disability and deafblind people may freely use the Spanish sign languages and/or the means of support for oral communication in all public and private areas, with the aim to make effective the exercise of constitutional rights and liberties, and especially the free development of the personality, the education in the respect of the fundamental rights and liberties, the right to education and the full participation in the political, economic, social and cultural life.

3. The measures and guarantees laid down in title II of this Law shall be fully applied to deaf users, users with hearing disability and deafblind users of Spanish sign languages when they use oral languages.

Article 4. Definitions.

To the purposes of this Law, it is considered:

a) Sign language: languages and linguistic systems of a visual, spatial, gestural and manual nature in which shaping intervene historical, cultural, linguistic and social factors, traditionally used as languages by the deaf users, users with hearing disability and deafblind users of sign languages in Spain.

b) Oral language: languages and linguistic systems corresponding to the languages officially recognised in the Spanish Constitution and, within their respective territorial areas, in the Statutes of Autonomy, used as a language by deaf people, people with hearing disability and deafblind people oralists in Spain.

c) Means of support for oral communication: codes, media, as well as technological resources and technical aids used by deaf people, people with hearing disability and deafblind people, which facilitate the access to the verbal and written expression of the oral language, favouring a more complete communication with the environment.

d) Deaf people or people with hearing disability: people to whom have been recognised for such reason a degree of disability equal or higher than 33%, and who come across in their daily life communication barriers or, in case these barriers are overcome, require means and supports to be fulfilled.

e) Deafblind people: people with a deterioration of both sight and hearing, which hinders their access to information, communication and mobility. Such disability seriously affects their necessary daily skills for a minimally autonomous life and requires specialized services, staff specifically trained for their care and special methods of communication.

f) Language user: person who uses a certain language to communicate with the environment. Those people who use two languages are considered bilingual.

g) Sign language user: person who uses the Sign language to communicate.

h) User of means of support for oral communication: deaf person, person with hearing disability and deafblind person who requires means of support for oral communication to access information and communication in the social environment.

i) Sign language interpreter: professional who interprets and translates information from sign languages to the oral and written language and vice versa with the aim to ensure the communication between deaf people, people with hearing disability and deafblind people, who use such language, and their social environment.

j) Guide-interpreter: professional who works as a guide and interpreter of the deafblind person, carrying out the necessary adaptations, being his or her link with the environment and facilitating his or her participation in equal conditions.

k) Bilingual education: educational project in which the teaching-learning process is carried out in an environment in which two or more languages used as lingua franca coexist. In the case of deaf people, people with hearing disability and deafblind people, it will refer to the oral languages officially recognised and to the Spanish sign languages.

l) Speech therapist and Specialist Teacher in hearing and language: professionals specialized in alternative systems and/or augmentative systems of support for oral communication, which encourage and facilitate its development.

Article 5. General principles.

This law is inspired by the following principles:

a) Transversality of policies in the field of Sign language and means of support for oral communication: actions developed by Public Administrations shall not only include plans, programmes and specific actions, addressed exclusively to deaf users, users with hearing disability and deafblind users of the aforementioned linguistic modalities or means of support, but also policies and lines of action of general nature in any area of public action, taking into account the several needs and demands of the users thereof.

b) Universal accessibility: environments, procedures, goods, products and services, as well as objects, instruments, tools and devices shall comply with the necessary conditions to be understandable, usable and practicable by all people in safe and comfortable conditions and in the most autonomous and natural way possible.

c) Freedom of choice: deaf people, people with hearing disability and deafblind people and, when appropriate, their parents or legal representatives, on the assumption that they are under age or incapable, may choose the oral language and/or the Spanish Sign language and/or the sign languages of the Autonomous Communities.

d) Non-discrimination: no one may be discriminated nor unequally treated, directly or indirectly, for exercising his/her right to choose the use of the Spanish Sign language and/or the sign languages of the Autonomous Communities and/or the means of support for oral communication in any area, whether public or private.

e) Normalisation: principle by which deaf people, people with hearing disability and deafblind people must be able to lead a normal life, having access to the same places, areas, goods and services which are at the disposal of any person.

Article 6. Scope.

In accordance with the principle of transversality of policies in the field of disability, the provisions of this Law shall apply in the following areas:

1. Goods and services at the public disposal.

2. Transports.

3. Dealings with Public Administrations.

4. Political participation.

5. Social media, telecommunications and information society.

TITLE I
Learning, knowledge and use of Spanish sign languages

CHAPTER I
Learning and knowledge of Spanish sign languages

Article 7. On the learning in the Standard Education.

The educational Administrations shall have the necessary resources to facilitate in those centres to be determined, pursuant to the current educational legislation, the learning of the Spanish sign languages to the deaf students, students with hearing disability and deafblind students who, in accordance with article 5.c) of this Law, have chosen such language. In case these students are under age or incapable, the choice shall be entitled to their parents or legal representatives.

The educational Administrations shall offer, in the centres to be determined, among others, bilingual educational patterns, which will be freely chosen by deaf students, students with hearing disability and deafblind students or, in case they are under age or incapable, by their parents or legal representatives.

Curriculums may include, also in the centres aforementioned, the learning of the Spanish sign languages as an optional subject for all students, thus facilitating the social inclusion of all deaf students, students with hearing disability and deafblind students who use the Spanish sign languages and fostering values of equality and respect to the linguistic and cultural diversity.

For the purpose to have duly qualified professionals for the teaching of Spanish sign languages and, where applicable, for the use foreseen in chapter II of title I of this Law, the competent educational Administration shall determine the education qualifications which, according to the applicable legislation on requirements for its exercise, it considers appropriate and shall promote its initial and permanent training.

The educational Administrations shall establish Curriculums and training Programmes for the teaching staff who atends deaf students, students with hearing disability and deafblind students.

Article 8. On learning in the Non-Standard Education.

1. The educational Administrations shall foster the cooperation of families who have deaf minors, minors with hearing disability and deafblind minors, with the educational or academic institution and shall cooperate with the entities associating deaf people, people with hearing disability and deafblind people and their families, in the execution of training courses for the learning of Spanish sign languages.

2. The competent public Administrations shall also cooperate with Universities and with the entities associating deaf people, people with hearing disability and deafblind people and their families in the learning of Spanish sign languages in other social areas.

CHAPTER II
Use of Spanish sign languages

Article 9. Subject.

In accordance with this law public authorities are entrusted to promote the provision of interpreting services in Spanish sign languages to all deaf people, people with hearing disability and deafblind people, when they require it, in the different public and private areas specified in this chapter.

Public authorities, under the terms established by Law 51/2003, December 2nd, and under its regulatory development rules, shall also promote measures against discrimination and positive action measures shall be established in favour of deaf users, users with hearing disability and deafblind users of Spanish sign languages, in accordance with the provisions of this chapter.

Article 10. Access to the goods and services at the public disposal.

a) Education.

The educational Administrations shall facilitate to Spanish sign language users the use of Spanish sign languages as the lingua franca of the education in the educational centres to be determined.

They shall also promote the provision of interpreting services in Spanish sign languages to the users of Spanish sign languages in the centres to be determined.

Within the framework of the university services to students with disabilities, they shall promote specific programmes and initiatives to assist university students who are deaf, have hearing disability and are deafblind, with the aim to provide them advice and support measures.

b) Training and Employment.

It shall be applicable the provisions contained in Chapter III of Title II of Law 62/2003, December 30th, on Tax and Administrative Measures and Social Order, as regards measures for implementing the principle of equal treatment in the work area.

c) Health.

The competent Public Administrations shall promote the provision of interpreting services in Spanish sign languages and/or sign languages of the autonomous communities if any, if so requested in advance, for the users who require it in those health centres assisting deaf people, people with hearing disability and deafblind people.

They shall likewise take the necessary measures in order that informative and preventive campaigns as regards health, are accessible to deaf people, people with hearing disability and deafblind people in Spanish sign languages.

b) Culture, Sport and Leisure.

The competent Public Administrations shall promote the provision of interpreting services in Spanish sign languages, if so requested in advance, to people who use such language, in those cultural, sport, recreation and leisure activities to be determined, such as cinema, theatre and national museums, historical and artistic monuments belonging to the State Heritage and guided tours in which deaf people, people with hearing disability and deafblind people participate.

Article 11. Transports.

1. In air, land and sea transports stations to be determined by competent administrations, as regards the importance of passenger traffic, interpreting services shall be rendered in Spanish Sign language and/or sign languages of the autonomous communities if any, in its territorial area to deaf people, people with hearing disability and deafblind people, in the information and customer services to be also determined, all of which in accordance with the plans contained in the cooperation mechanisms referred to in the third final provision of the Law.

2. The necessary measures shall be taken in order that instructions about security and operational rules in transports are also expressed, whenever possible, in Sing language.

Article 12. Dealings with Public Administrations.

The competent Public Administrations shall promote the provision of interpreting services in Spanish Sign language and/or in sign languages of the autonomous communities if any, if so requested in advance, for people who use such language, with the aim to facilitate the dealings of deaf people, people with hearing disability and deafblind people with Public Administrations.

In relation to the Administration of Justice and Penitentiary the appropriate conditions shall be promoted, such as formation and availability of interpreting services in Spanish Sign language and/or sign languages of the autonomous communities if any, in order to make effective the implementation of article 143 of the Civil Proceedings Law as well as the procedures governed by the Criminal Proceedings Law, as regards deaf people, people with hearing disability and deafblind people.

Article 13. Political participation.

1. Public authorities, political parties and social agents shall facilitate that institutional information and free and compulsory broadcasts on the media, in accordance with the electoral and trade union legislation, are full accessible to deaf people, people with hearing disability and deafblind people by means of its broadcasting or distribution in Spanish Sign language or/and sign languages of the autonomous communities if any.

2. The Parliament, Legislative Assemblies of the Autonomous Communities, Provincial Councils and Local Corporations and Entities shall promote interpreting in the Spanish Sign language and/or sign languages of the autonomous communities if any, in those public plenary meetings and any other meeting of general interest in which is so determined, as long as deaf people, people with hearing disability and deafblind people participate therein and if so request in advance.

Article 14. Social media, telecommunications and information society.

a) Public authorities shall promote the necessary measures in order that the social media, pursuant to its specific regulation, are accessible to deaf people, people with hearing disability and deafblind people by means of the inclusion of the Spanish sign languages.

b) Public authorities shall also take the necessary measures in order that institutional campaigns and the different audiovisual mediums in which they are displayed at the disposal of the public are accessible to these people.

c) The necessary measures shall be established in order to encourage the access to telecommunications in Spanish Sign language.

d) Websites and Internet portals of public ownership or financed by public funds shall be adapted to the current standards stipulated by the competent authorities in order to acquire its accessibility to deaf people, people with hearing disability and deafblind people by means of the establishment therein of the corresponding systems to access information in the language of its linguistic area.

e) When Public Administrations promote or subsidize Congresses, Conferences, Symposiums and Seminars in which deaf people, people with hearing disability and deafblind people participate, they shall facilitate its accessibility by means of the provision of interpreting services in Spanish Sign language and/or sign languages of the autonomous communities if any, prior request by anyone interested in.

f) Messages related to the declaration of states of alarm, emergency and siege, as well as institutional messages must be fully accessible to all deaf people, people with hearing disability and deafblind people.

Article 15. Linguistic Normalisation Centre of Spanish Sign language.

The Linguistic Normalisation Centre of Spanish Sign language is created. The Government, after consulting the National Council of Disability, shall regulate in the Royal Board on Disability this centre with the aim to investigate, foster, disseminate and watch over the correct use of this language. The Linguistic Normalisation Centre of Spanish Sign language will have professionals specialized in Spanish Sign language and sociolinguistics, and will develop its actions holding enquiries and establishing agreements with Universities and the entities representing deaf people, people with hearing disability and deafblind people and their families. It will be directed by a collegiate body showing parity constituted by representatives of the State Administration and entities representing the associations of the linguistic community of the Spanish Sign language users. It will also have a presidency and a secretariat the holders of which will be representatives of the State Administration.

TITLE II
Learning, knowledge and use of the means of support for oral communication

CHAPTER I
Learning and knowledge of the means of support for oral communication

Article 16. On the learning in Standard Education.

a) The educational Administrations shall stipulate what is necessary to facilitate, in accordance with the current educational legislation, the learning of the oral language and of the means of support for oral communication, which require so, for deaf students, students with hearing disability and deafblind students, who, in accordance with the provisions of article 5.c) of this Law, have chosen such language. In case these students are under age or incapable, the choice shall be entitled to their parents or legal representatives.

b) In order to have duly qualified professionals for the teaching of the means of support for oral communication, when so required, and, where applicable, for the use forseen in Chapter II of Title II, the competent educational Administration shall determine the education qualifications that, according to the applicable legislation on requirements for its practice, it considers appropriate and shall promote its initial training.

c) The educational Administrations shall promote Curriculums and training Programmes for the teaching staff who atends deaf students, students with hearing disability and deafblind students.

Article 17. On the learning in the Non-Standard Education.

1. The educational Administrations shall foster the cooperation of families who have deaf minors, minors with hearing disability and deafblind minors with the educational and academic institution and shall cooperate with the entities associating deaf people, people with hearing disability and deafblind people and their families in the execution of training courses for the learning of the means of support for oral communication which require so.

CHAPTER II
Use of the means of support for oral communication

Article 18. Subject.

In accordance with this Law, public authorities are entrusted to promote the use of the means of support for oral communication for deaf people, people with hearing disability and deafblind people, in the different areas specified in this chapter.

Public authorities, under the terms established by Law 51/2003, December 2nd, on Equal Opportunities, Non-Discrimination and Universal Accessibility of people with disability and under its regulatory development rules, shall also promote measures against discrimination and shall establish positive action measures in favour of deaf users, users with hearing disability and deafblind users of means of support for oral communication, in accordance with the provisions in this chapter.

Article 19. Access to the goods and services at the public disposal.

a) Education.

The educational Administrations shall facilitate to deaf users, users with hearing disability and deafblind users of oral communication its use in the educational centres to be determined.

They shall also promote the provision of means of support for oral communication by deaf people, people with hearing disability and deafblind people who use oral communication in the centres to be determined.

Within the framework of university services to students with disabilities, they shall promote specific programmes and initiatives to assist university students who are deaf, have a hearing disability and are deafblind, with the aim to facilitate them advice, guidance and means of support for oral communication.

b) Training and Employment.

It shall be applicable the provisions contained in Chapter III of Title II of Law 62/2003, December 30th, on Tax and aAministrative Measures and Social Order, as regards measures for implementing the principle of equal treatment in the work area.

c) Health.

The health Administrations shall promote the means of support for oral communication of the users who require it in those health centres assisting deaf people, people with hearing disability and deafblind people.

They shall likewise take the necessary measures in order that informative and preventive campaigns as regards health are accessible to deaf people, people with hearing disability and deafblind people by means of the incorporation of subtitling and other resources of support for oral communication.

d) Culture, Sport and Leisure.

The competent Administrations shall promote the establishment of means of support for oral communication for people who use such means, in those cultural, sport, recreation and leisure activities, to be determined, such as cinemas, theatres and nationals museums, historical and artistic monuments belonging to the State Heritage and guided tours in which deaf people, people with hearing disability and deafblind people participate.

Article 20. Transports.

The air, land and sea transport stations to be determined by the competent administrations as regards the importance of passenger traffic, shall have means of support for oral communication for deaf people, people with hearing disability and deafblind people, in the information and customer services to be also determined, all of which in accordance with the provisions contained in the cooperation mechanisms referred to in the third final provision of the Law.

The necessary measures shall be taken in order that instructions about security and operational rules in transports are also expressed, whenever possible, using means of support for oral communication.

Article 21. Dealings with Public Administrations.

The Public Administrations shall promote the suitable conditions, such as formation and availability of means of support for oral communication, in order to facilitate the relations of deaf people, people with hearing disability and deafblind people with Public Administrations.

In relation with the Administration of Justice, the suitable conditions shall be promoted, such as the formation and availability of means of support for oral communication, to make effective the implementation of the article 143 of the Civil Proceedings Law, as well as the procedures governed by the Criminal Proceedings Law, as regards deaf people, people with hearing disability and deafblind people.

Article 22. Political Participation.

a) Public authorities, political parties and social agents shall facilitate that institutional information and free and compulsory broadcasts on the media, in accordance with the electoral and trade union legislation, are full accessible to deaf people, people with hearing disability and deafblind people by means of its broadcasting and distribution using means of support for oral communication.

b) The Parliament, Legislative Assemblies of the Autonomous Communities, Provincial Councils and Local Corporations and Entities shall promote the existence and use of the means of support for oral communication and the subtitling, in those public plenary meetings and any other meeting of general interest in which it will be thus determined, as long as deaf people, people with hearing disability and deafblind people participate therein and if so requested in advance.

Article 23. Social media, telecommunications and information society.

Public authorities shall promote the necessary measures in order that public social media or media with public service nature, pursuant to the provisions in its specific regulation are accessible to deaf people, people with hearing disability and deafblind people through means of support for oral communication.

Public authorities shall also take the necessary measures in order that institutional campaigns and the different audiovisual mediums in which they are displayed at the disposal of the public are accessible to these people by means of the inclusion of subtitles.

The necessary measures shall be established in order to encourage the access to telecommunications using means of support for oral communication and subtitling.

Websites and Internet portals of public ownership or financed by public funds shall be adapted to the current standards stipulated by the competent authorities in order to acquire its accessibility to deaf people, people with hearing disability and deafblind people by means of the establishment therein of the corresponding systems to access information.

When Public Administrations promote or subsidize Congresses, Conferences, Symposiums and Seminars in which deaf people, people with hearing disability and deafblind people participate, they shall facilitate its accessibility by using means of support for oral communication, prior request by anyone interested in.

Article 24. Spanish Centre of Subtitling and Audio Description.

The Spanish Centre of Subtitling and Audio Description is created. The Government, after consulting the National Council of Disability, shall regulate in the Royal Board on Disability this centre with the aim to investigate, foster and promote initiatives, coordinate actions and disseminate the subtitling and the audio description as means of support for oral communication of deaf people, people with hearing disability and deafblind people. The Spanish Centre of Subtitling and Audio Description shall develop its actions holding enquiries and establishing agreements with the entities representing deaf people, people with hearing disability and deafblind people and their families.

First additional provision. Monitoring Commission of this Law.

A Monitoring Commission is created within the National Council of Disability, in which will take part the organizations of deaf people, people with hearing disability and deafblind people and their families, with the aim to encourage and ensure the fulfilment of the measures contained in this Law, suggesting the appropriate measures for its full effectiveness.

The aforementioned Commission shall be constituted within one year period from the entry into force of this Law.

Second additional provision. Guarantees of structural provision

Public authorities shall promote the necessary human, technical and economic resources to cope with the measures of positive action of this Law.

Third additional provision. Legal guarantees

It shall be applicable the provisions of Chapter III, section 2, of Law 51/2003, December 2nd, on Equal Opportunities, Non-Discrimination and Universal Accessibility of people with disability, in relation with arbitration and protection by the courts.

Fourth additional provision. Temporary regime of the situation of the sign languages interpreters and professionals.

The Government of the Nation, at the proposal of the competent administrations, in accordance with the current legislation on this matter, shall analyse the situation of interpreters and professionals of Spanish sign languages who have acquired their training by means of non-standard education, before the entry into force of this Law, for its administrative regulation.

Fifth additional provision. Professionals of sign languages.

After the entry into force of this Law the Government shall draw up a study on professionals of sign languages and the necessary qualifications for its execution.

Sixth additional provision. Deafblind care.

The Ministry of Labour and Social Affairs shall draw up a study on which will be determined the number of deafblind people, their living conditions and their geographical location, for the purpose to determine the reference centres that will have to be created, as well as the establishment of resources more suited to the special needs of this group.

Seventh additional provision. Technical aids for audition.

Public authorities, within the scope of its competences, shall contribute by financing the acquirement of technical supports for deaf people, people with hearing disability and deafblind people.

Single repealing provision. Repeal of rules.

All provisions with equal or lower rank opposing this Law are repealed.

First final provision. Basic character of the Law.

This Law is enacted under the protection of the exclusive competence of the State to regulate the basic conditions that ensure the equality in the exercise of rights and the fulfilment of the constitutional duties, in accordance with the article 149.1.1 of the Spanish Constitution.

Second final provision. Supplementary legislation of the Law 51/2003, December 2nd.

To all not specifically stipulated in this Law, it shall be applicable the Law 51/2003, December 2nd, on Equal of Opportunities, Non-Discrimination and Universal Accessibility of people with disability, as well as its rules of development.

Third final provision. Financing.

The Ministry of Labour and Social Affairs deals with the execution of what is set forth in this Law by using the budgets assigned for the fulfilment of its competences as regards disability.

For this purpose, cooperation mechanisms shall be established together with the competent Ministries in this matter and with the different Public Administrations, where applicable.

In particular, the General Administration of the State shall contribute to finance the promotion, investigation and dissemination of the use of the Catalan Sign language.

Fourth final provision. Faculties of execution and development.

The Government, within the scope of its competences and after consulting the corresponding sectorial conferences and the National Council of Disability, is authorized to enact as many provisions as necessary for the development and enforcement of this Law. The Government shall also draw up, specifically, regulations which develop the use of the Spanish Sign language, as well as the supports for any kind of technical aid that contributes to the elimination of the communication barriers for the social integration of the deaf people, people with hearing disability and deafblind people.

Fifth final provision. Enforcement of the Law.

The provisions stipulated in this Law will have a gradual application / implementation in the different areas referred to in the article 6.

The rules laid down in the articles 10, 11, 12, 13, 14, 19, 20, 21, 22 and 23 of this Law shall be applied in accordance with the periods and calendars established in the fifth, sixth, seventh, eighth and ninth final provisions on accessibility conditions and non-discrimination of the Law 51/2003, December 2nd, on Equal Opportunities, Non-Discrimination and Universal Accessibility of people with disability.

Sixth final provision. Entry into force.

This Law shall enter into force the day after its publication in the Boletín Oficial del Estado.

Wherefore,
I order all Spaniards, whether individuals or authorities, to abide this law and to ensure that is abided.

Madrid, 23rd October 2007.

JUAN CARLOS R.

The President of the Government
JOSÉ LUIS RODRÍGUEZ ZAPATERO