11 / 2011 ACT to regulate the use of the Spanish sign language and the means of support for oral communication for deaf persons, AUDITORY IMPAIRED PERSONS AND DEAF-BLIND PERSONS IN ANDALUSIA. The International Convention on the Rights of People with disabilities of 13 December 2006, lays down the need to implement "reasonable accommodation" related to the use of sign language, Braille, appropriate augmentative and alternative modes, means and formats of communication.
Original Description:
Original Title
Ley 11 2011 LSE y Medios de Apoyo a La Comunicacion Oral
11 / 2011 ACT to regulate the use of the Spanish sign language and the means of support for oral communication for deaf persons, AUDITORY IMPAIRED PERSONS AND DEAF-BLIND PERSONS IN ANDALUSIA. The International Convention on the Rights of People with disabilities of 13 December 2006, lays down the need to implement "reasonable accommodation" related to the use of sign language, Braille, appropriate augmentative and alternative modes, means and formats of communication.
11 / 2011 ACT to regulate the use of the Spanish sign language and the means of support for oral communication for deaf persons, AUDITORY IMPAIRED PERSONS AND DEAF-BLIND PERSONS IN ANDALUSIA. The International Convention on the Rights of People with disabilities of 13 December 2006, lays down the need to implement "reasonable accommodation" related to the use of sign language, Braille, appropriate augmentative and alternative modes, means and formats of communication.
the Spanish Sign Language and the means of support for oral communication for deaf persons, auditory impaired persons and deaf-blind persons in Andalusia.
THE PRESIDENT OF THE ANDALUSIAN REGIONAL EXECUTIVE, TO ALL THOSE WHO READ THIS ACT, ANNOUNCES:
That the Parliament of Andalusia has passed the following Act and I, on behalf of the King and by the authority conferred to me by the Spanish Constitution and the Statute of Autonomy for Andalusia, promulgate and order the publication of the following
ACT TO REGULATE THE USE OF THE SPANISH SIGN LANGUAGE AND THE MEANS OF SUPPORT FOR ORAL COMUNICATION FOR DEAF PERSONS, AUDITORY IMPAIRED PERSONS AND DEAF-BLIND PERSONS IN ANDALUSIA.
EXPLANATORY MEMORANDUM
I
The Spanish Constitution states in article 9.2 the duty of public authorities to promote the conditions for the liberty and equality of each person and that of the groups they integrate to be real and effective and to remove the obstacles that impede or hinder their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life. Furthermore, article 49 establishes as a major principle in social and economic policy, the duty of the public authorities to implement a policy of welfare, treatment, rehabilitation and integration of those who are physically, sensorial, or mentally handicapped, who shall be given the special attention which they require and be afforded special protection for the enjoyment of the rights which the First Title grants to all citizens.
II
The International Convention on the Rights of People with Disabilities of 13 December 2006, lays down the need to implement reasonable accommodation related to the use of sign language, Braille, appropriate augmentative and alternative modes, means and formats of communication and all other accessible means, modes and formats of communication of their choice by persons with disabilities. In so doing, article 26.3 states that the States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation and the Conventions article 30.4 adds that persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign language and deaf culture.
III
The twelfth final provision of the 51/2003 Act of 2 December compels the National Government to regulate the effects that the
Spanish Sign Language shall take, in such a way as to guarantee to deaf persons and auditory impaired persons the possibility to its study, knowledge and use, and freedom of choice in respect to the different usable means for their communication with their environment. As a result of the above mentioned Act, the 27/2007 Act was enacted on 23 October, recognizing the Spanish sign languages and regulating the means of support for oral communication for deaf persons, auditory impaired persons and deaf-blind persons. Article 3.1 stipulates that the rules contained in the above mentioned Act shall take effect in the whole Spanish territory, without prejudice to the regulation applicable in each autonomous region, at all times guaranteeing the equality contemplated in the first final provision.
IV
The Statute of Autonomy for Andalusia states in article 10.3.16 th that social, economic and labour integration of people with disabilities shall be a primary objective in the Andalusian autonomous region. Meanwhile, article 14 prohibits any discrimination, highlighting in particular that on the basis of disability, in the exercise of their rights, the performance of their duties and the provision of the services under Title I. However, it states that this prohibition shall not preclude positive action measures in favour of sectors, groups or disadvantaged people. Moreover, in its article 24, the Statute of Autonomy for Andalusia recognizes the right of persons with disabilities and of those in a situation of dependence to access, in the conditions established by law, to the necessary public assistance, benefits and quality services for their personal and social development. Among the major principles in public policy provided for in article 37.1.5 th and 6 th are expressly included the independence and the social and occupational integration of people with disabilities, in accordance with the principles of non- discrimination, universal access and equal opportunities, including the use of those languages which allow communication and the full elimination of barriers, together with the use of the Spanish Sign Language and the conditions which shall make it possible to achieve equality for those who opt to use this language, which shall be taught, protected and respected.
V
The 1/1999 Act of 31 March, on the assistance of persons with disabilities in Andalusia, dedicates Chapter V of Title VII to accessibility to communication. This chapter establishes that public administrations shall promote the elimination of barriers to communication and specifically the guarantee of the right to access information, communication, culture, education, healthcare, employment, social services and entertainment. Furthermore, it establishes that public administrations shall instigate vocational training in sign language interpretation and in guide-interpretation for deaf- blind persons and it promotes the use of interpreters and interpreter-guides within the framework of public administrations. Lastly, it includes the elaboration of a technical measure plan to guarantee the right to access information in the audiovisual media run by the public administrations in Andalusia.
VI
Public authorities in Andalusia have been
the drivers for the recognition of the Spanish Sign Language, echoing the requests made by the Andalusian association movement representing deaf persons and auditory impaired persons. Thus, in September 2003, a non-legislative motion was approved on the legal recognition of the Spanish Sign Language, through which the Parliament of Andalusia urged the Governing Council to solicit from the Central Government the recognition of the Spanish Sign Language and the implementation of a bilingual educative system (oral language/sign language) in the whole of Spain. The Governing Council was additionally urged, among other measures, to facilitate the use of the Spanish Sign Language in those educational institutions where any pupils request it, to continue promoting awareness campaigns and actions in education and information and to eliminate communication barriers. The distinctive feature of the present Act is that the parts involved in its drafting included entities which represent the population with auditory impairments, together with regional and local Administration Departments and social and economic agents. This Act is a decisive stoke to achieve full social, economic and labour participation of deaf persons, auditory impaired persons and deaf-blind persons. Being these the main receivers, the cross-cutting measures for the accessibility to communication shall affect the whole Andalusian society. This Act shall impel the implementation of the 27/2007 Act enacted on 23 October, as it includes notable developments, such as the recognition of professionals, the creation of the development agent for the deaf community and the mediation for deaf-blind persons.
VII
The present Act is structured in three chapters, five additional provisions and two final provisions. Chapter I contains the general provisions referring to the object of this Act, its scope of application, the definition of the different concepts that arise throughout this regulation and those referring to the right to the study, knowledge and use of the Spanish Sign Language and of the oral language through means of support for oral communication. Additionally, the effects that the enforcement of this Act shall produce are regulated and the principles upon which it is based are presented. Chapter II is dedicated to the study and knowledge of the Spanish Sign Language and that of the oral language through means of support for oral communication, in both formal and non-formal education. Chapter III concerns the use of the Spanish Sign Language and the means of support for oral communication in the different public and private spheres where the Act shall be implemented in relation to education, health, training, employment, culture, tourism, sport, entertainment, construction, social welfare, transport, relations with public administrations, political participation and means of social communication, telecommunications and information society. Lastly, the Act includes five additional provisions and two final provisions. The first additional provision provides for the creation of the Monitoring Committee for this Act. The second and third provisions stipulate the guarantees for the structural and legal endowments, together with the endowments for technical support and other resources. The fourth one stipulates the arbitration system. The fifth one refers to the reproduction of the Spanish national legislation. The first final provision provides for the policy
development and the enforcement of this Act. The second final provision stipulates the entry into force of the Act. The present Act is enacted without prejudice to the basic state policies and in accordance with the powers granted by the Statute of Autonomy for Andalusia to the autonomous region of Andalusia with regard to development (article 45), education (article 52), universities (article 53), research, development of technological innovation (article 54), health (article 55), housing (article 56), local government (article 60), social services (article 61), employment (article 63), transport and communications (article 64), culture and heritage (article 68), social means of communication (article 69), tourism (article 71) and sports, entertainment and recreation activities (article 72).
CHAPTER I
General Provisions
Article 1. Object of the Act. The object of this Act is to regulate in Andalusia the necessary measures to guarantee and give effect to respect, protection, teaching and use of the Spanish Sign Language (hereinafter referred to as LSE) on a basis of equality, as the language of those persons who freely choose to use it, as well as of the oral language through means of support for oral communication, in the context of the basic conditions established by the 27/2007 Act enacted on 23 October, which recognizes the Spanish sign languages and regulates the means of support for the oral communication of deaf persons, auditory impaired persons and deaf-blind persons.
Article 2. Purposes of the Act. 1. The present Act lays down the necessary measures and guarantees for deaf persons, auditory impaired persons and deaf-blind persons to freely use LSE, as well as the oral language through means of support for oral communication, in all public and private spheres, in order to make enforceable the exercise of any of the rights or freedoms referred to in the Spanish Constitution and the Statute of Autonomy for Andalusia. 2. For the purposes of this Act, LSE, as well as the means of support for oral communication, are considered an essential condition for accessibility and non-discrimination of auditory impaired sign language or oral language users in Andalusia, either in their access to information, or in communication, or in telecommunications, in all areas of participation. 3. Respect, use, teaching and protection of LSE, as well as of the oral language through means of support for oral communication, shall be guaranteed for the promotion of equal opportunities for deaf persons, auditory impaired persons and deaf-blind persons who opt for any of them.
Article 3. Persons covered by this Act. Persons covered by this Act include any deaf-blind persons, auditory impaired persons and deaf persons with a certified level of disability equal to or exceeding 33%, as well as any other persons with a certified level of disability equal to or exceeding 33% who may be in need of the measures included in this Act, provided that they have their habitual residence in any municipality in Andalusia.
Article 4. Scope of application. This Act shall apply in the following areas:
a) Goods and services available to the public. b) Transport. c) Relations with public administrations. d) Administration of justice. e) Political participation. f) Means of social communication, telecommunications and information society.
Article 5. Definitions. For the purposes of this Act, the following definitions shall apply: a) LSE: Language based on visual, spatial, gestural and manual signs, shaped through factors of a historical, cultural, linguistic and social nature, traditionally used in Andalusia by deaf persons, auditory impaired persons and deaf-blind persons. b) Oral language: Language with an oral and auditory form officially recognized by the Spanish Constitution. For the purposes of this Act in Andalusia, the Spanish language. c) Means of support for oral communication: Codes and means of communication, together with the technological resources and technical aids used by deaf persons, auditory impaired persons and deaf-blind persons which facilitate their access to verbal and written speech of the oral language, supporting a more fulfilling communication with the environment. d) Deaf or auditory impaired persons: Persons who suffer from a greater or lower degree of auditory loss, with a certified level of disability equal to or exceeding 33%, who encounter information, communication and telecommunication barriers in their daily lives, and persons who require resources and support to overcome such barriers. e) Deaf-blind persons: Persons with two sensorial disabilities who suffer from impaired sight and audition and therefore from unique communication problems and have specific needs arising from the difficulty to perceive globally, to cognize and thence to take interest and adapt to the environment. Some of these persons are entirely deaf and blind, while others have residual audition and sight. They use communication systems adapted to their sensorial situation. f) LSE user: Person who uses LSE for communication. g) User of means of support for oral communication: Deaf person, auditory impaired person or deaf-blind person who uses the oral language for communication and requires means of support for oral communication to access information and communication in the social environment. h) LSE interpreter: Professional person who interprets and translates information contained in LSE into oral and written language, and vice versa, in order to provide communication between deaf persons or auditory impaired persons who are LSE users and hearing people and their social environment. Besides, a LSE tele-interpreter is a professional person who interprets and translates the information remotely. i) LSE tele-interpretation: Service provided remotely by an interpreter who interprets and translates the information contained in LSE into the oral language, and vice versa, using public video telephony (through fixed and mobile networks) and other technologies, ubiquitously present in a tele-interpretation centre and acting as a communication bridge between one oral language user and one LSE user, thus making telecommunication services accessible. j) Interpreter-guide for deaf-blind persons:
Professional person who interprets and translates information contained in LSE into oral and written language and into systems and means of support used by deaf-blind persons for communication and vice versa. In order to ensure communication between deaf-blind persons and their interlocutors, the interpreter-guide supplies all the information they need from their environment, both contextual and linguistic, facilitating their participation on an equal basis. The interpreter- guide acts as a guide in a mobility situation. k) Communicator-guide for deaf-blind persons: Professional person who uses LSE and other non-oral alternative communication systems and assists the deaf-blind person in developing the communicative level and system that best suits his/her personal needs. The communicator- guide acts as a liaison between the deaf-blind person and his/her environment fostering his/her interaction with it, as well as the acquisition of knowledge. l) Development agent for the deaf community: Professional person with specific training in assisting the deaf community with the aim to support the participation in society of deaf persons and auditory impaired persons through the promotion of their personal autonomy. m) Bilingual education: Education programme where the teaching/learning process takes place in an environment where two or more languages are used as vehicular languages. For deaf persons, auditory impaired persons and deaf-blind persons, it refers to the official oral languages and the Spanish sign languages. n) Closed-captioning: Support resource to oral communication where the spoken message is transcripted, ensuring maximum access to information for the deaf person, auditory impaired person and deaf-blind person. ) Audio description: Support resource to audiovisual communication consisting in a set of techniques and skills applied to compensate for the lack of perception of the visual part of an audiovisual content. It provides visually impaired persons with appropriate sound information through the translation, explanation or narration of any relevant visual elements, for the purpose of letting them perceive such content as a harmonic whole and in the most similar manner to the way it is perceived by a person without visual impairments. o) Reasonable accommodation: Adaptation measures of the physical, social and attitudinal environment in a practical, efficient, non- disproportionate manner to the specific needs of persons with disabilities, which facilitate their access or participation on an equal basis with the rest of the population. The factors taken into account to determine whether a measure is proportionate or not are its costs, the discriminatory effects against persons with impairments of not adopting it and, on the part of the person, entity or organisation which shall put it into practice, its structure, characteristics and availability to obtain official funding or any other assistance.
Article 6. Right to the study, knowledge and use of LSE and of the oral language through means of support for oral communication. The right to free choice to study, know and use LSE and the oral language through means of support for oral communication is recognized for all deaf persons, auditory impaired persons and deaf-blind persons in terms established by the present Act. For minors and incapacitated individuals, this right shall be exercised by their parents or legal guardians.
Article 7. General principles.
This Act is founded on the following principles: a) Non-discrimination: No person with disabilities shall be subjected to direct or indirect unequal treatment nor discrimination for exercising their right to use LSE or the oral language through means of support for oral communication in any sphere, whether public or private. b) Free choice: All deaf persons, auditory impaired persons and deaf-blind persons or, when applicable, their parents or legal guardians, shall freely opt for the oral language and for LSE. c) Normalization: All deaf persons, auditory impaired persons and deaf-blind persons shall be able to lead a normal life and access the same locations, spheres, goods and services which are available to all citizens. d) Universal accessibility: All environments, processes, goods, products, services, objects, instruments, tools and devices shall fulfil the necessary conditions to be understandable, usable and practicable by all persons in a safe, comfortable manner, as independently and naturally as possible. e) Design for everyone with regard to LSE and means of support for oral communication: Wherever possible, those strategic activities leading to conceiving and designing environments, processes, goods, products, services, objects, instruments, devices and tools which include LSE and means of support for oral communication shall proceed from the start in such a way that they can be used by all persons in Andalusia. f) Cross-sectoral applicability of the policies on LSE and the means of support for oral communication: The activities engaged by the Andalusian public administrations shall not be solely restricted to specific plans, programs and activities specially designed for deaf persons, auditory impaired persons and deaf-blind persons. Instead, they shall be included in the general policies and action plans in any activity areas or fields depending on the official policies and the different needs and demands of all of their users shall be taken into account. g) Civil dialogue: Principle by virtue of which the representative organisations for deaf persons, auditory impaired persons and deaf-blind persons and for their relatives and economic and social agents in Andalusia participate, under the terms established by law and other regulatory provisions, in the development, implementation, monitoring and evaluation of those official policies which imply proceedings that affect them. h) Equal treatment between women and men: This principle implies that there shall be no discrimination whatsoever on grounds of sex, either directly or indirectly, in the economic, political, social, labour, cultural and educative areas, notably those concerning employment, training and working conditions.
CHAPTER II
Study and knowledge of LSE and of the oral language through means of support for oral communication.
Article 8. Learning in formal education. 1. The education administration shall make the necessary human, material and technological resources available in order to make learning LSE and oral language possible for deaf pupils, auditory impaired pupils and deaf-blind pupils in the given formal education institutions, in conformity with the stipulations of the educational legislation in force. In any event, the allocation of
school places shall take the aptitude of each centre into consideration. 2. In the given centres, the education administration shall offer, amongst others, bilingual education models of free choice to deaf pupils, auditory impaired pupils and deaf-blind pupils or, in the case of minors and incapacitated individuals, to their parents or legal guardians. To this end, information regarding the bilingual education alternative and any other available resources shall be provided. In order to standardize and integrate LSE, the bilingual education alternative shall extend to the rest of the pupils attending such centres. 3. The education administration in Andalusia shall promote the design, elaboration and dissemination of educational material adapted to meet the special educational needs related to auditory impairment, material in LSE and material adapted to grant access to oral language for auditory impaired pupils, whether it be with assistive devices or augmentative communication systems. 4. The school curricula in the given centres may include LSE as an optional subject for all pupils, thus contributing to the social inclusion of the deaf and deaf-blind population of LSE users and promoting equality and respect for linguistic and cultural diversity. 5. With the aim of having at disposal suitably qualified professionals for teaching LSE and oral language through means of support for oral communication for the use laid down in Chapter III, the competent education administration shall determine the appropriate qualifications, in accordance with the existing regulations on requirements for its exercise, and shall foster initial and continuing training. To this end, they shall benefit from the assistance and advice of representative organisations for deaf persons, auditory impaired persons, deaf-blind persons and their relatives. 6. The education administration shall develop training and learning programmes for those members of the teaching body that work with deaf pupils, auditory impaired pupils and deaf-blind pupils and those who wish to learn LSE for future educational and training activities. Accordingly, in initial training for teachers, it shall be promoted that LSE be included in the curricula of Masters courses in teaching to provide secondary education and in the curricula of education science faculties.
Article 9. Learning in non-formal education. 1. The competent administration for vocational training and non-formal education in general shall encourage cooperation with deaf persons, auditory impaired persons, deaf-blind persons, their relatives and their associations with regard to the study of LSE and of the oral language through means of support for oral communication and to the publication of educational material. 2. Public administrations in Andalusia, economic and social agents, collaborating centres and other entities shall promote accessibility to communication for auditory impaired users of LSE and means of support for oral communication, in relation to their vocational training opportunities and to any other non-formal education through the corresponding provision of human, material, educational and technical resources adapted to their needs. 3. Course offerings for professional updating in relation to positions employing LSE and means of support for oral communication shall be fostered by the competent administration. In order to reduce the risk of abandonment and to enable deaf persons, auditory impaired
persons and deaf-blind persons to advance in their educational pathway, recognition and cumulative partial accreditation of professional qualifications shall be facilitated. To this effect, planning of training schemes with training modules, based on units of competence, shall be fostered. Such schemes shall be cumulative and it shall be possible to acquire accreditation of the full qualification through a certificate of professional standards. 4. Public administrations in Andalusia shall boost access to training in LSE for public employees of the Andalusian Regional Executive, special purpose entities and local entities, in particular for public services staff and citizen services staff who deal with security and emergency. 5. In support of integration and standardization of persons with auditory impairment, the administrations, together with social and economic agents in Andalusia, shall sensitize to the needs of this group and promote training in LSE and in the use of means of support for oral communication.
CHAPTER III
Use of LSE and of the oral language through means of support for oral communication
Article 10. Purpose. 1. In the terms prescribed by regulation, the Andalusian public administrations shall promote the provision of interpretation services in LSE, interpreter-guide services, mediation and availability of the necessary means of support for oral communication for all deaf persons, auditory impaired persons and deaf-blind persons, whenever necessary, in any of the public and private spheres specified in the present Chapter. Information and diffusion of all public procedures, goods and services shall be presented in an accessible form. Interpretation services in LSE may be in situ or remotely via video-telephony or any other technological resources. Interpreter-guide services and mediation professional services shall take place in situ. 2. Likewise, the public authorities, in the terms prescribed by the 51/2003 Act of 2 December and in its implementing acts, shall promote anti-discrimination measures and establish positive action measures for deaf, auditory impaired and deaf-blind users of LSE and of the oral language through means of support for oral communication, in accordance with the provisions set forth herein. 3. When new goods and services be designed, developed and made available to the public and when reasonable accommodation be implemented, the needs of deaf persons, auditory impaired persons and deaf-blind persons shall be taken into consideration, thus facilitating the use of LSE and means of support for oral communication. 4. Likewise, the right of deaf persons, auditory impaired persons and deaf-blind persons to access all public and private areas of participation accompanied by LSE professionals and means of support for oral communication shall be guaranteed for all auditory impaired and deaf-blind persons who may require it.
Article 11. Access to goods and services available to the public. Access to goods and services available to the public is to be determined on the basis of the following areas:
1. Education. In the given centres, the education administration shall offer LSE as a vehicular language of education to LSE users, as well as allow its use in such centres by deaf persons, auditory impaired persons and deaf-blind persons who are oral language users. The following measures shall be implemented to ensure equal opportunity in access to education: a) Encourage programmes and initiatives focusing on assistance for deaf, auditory impaired and deaf-blind university students with a view to offer them advice and support measures, both in oral language and in LSE, in the context of the assistance services for university students experiencing disabilities. b) Encourage the use of new communication and information technologies and augmentative and alternative communication systems in the context of educational assistance for students with special education needs based on their personal disability. c) Supply parents or legal guardians of pupils with auditory impairments with sufficient information, as well as with the necessary advice, for them to choose the most appropriate communication system for their children, depending on the available resources and on the personal situation and needs of each pupil, starting intervention as early as possible. d) Ensure that knowledge and use of LSE and augmentative and alternative communication systems is included, where appropriate, in the educational projects and syllabuses of those centres attended by any pupils with special education needs, based on their auditory disability. e) Encourage teachers to attend continuing training in LSE and means of support for oral communication. 2. Health. Public health administration shall adopt the following measures to ensure equal opportunity in access to health: a) Boost training in LSE for employees of the public health administration. b) Promote accessibility to public health and to plans, processes and programs by incorporating the necessary technology and assistive devices. 3. Education and employment. Without prejudice to the provisions of Section III of Chapter III of Title II of the 62/2003 Act of 30 December on fiscal, administrative and social measures, which lays down measures pertaining to equal treatment and non- discrimination in the workplace, the present regulation provides assurance of the effectiveness of the right to equality of opportunities for auditory impaired persons and deaf-blind persons in the field of employment and occupation. In particular, training in LSE for employees of the Andalusian employment service offices and training in assisting auditory impaired users of LSE or oral language shall be fostered. The administration of the Andalusian Regional Executive shall ensure that the deaf, auditory impaired and deaf-blind population accesses public employment on equal terms. To this effect, adjustment of time and means for the selection tests shall be allowed and the necessary human and material resources for the tests, such as interpreters of LSE, interpreter-guides, assistive technologies and means of support for oral communication shall be supplied. Likewise, these measures shall be implemented for the
accommodation of the workplace and training processes. All local administrations in Andalusia, special purpose entities of all Andalusian public administrations and all public universities shall ensure accessibility to communication regarding entry and internal promotion processes through the measures laid down in the previous section, as well as accommodate the workplaces and training processes. 4. Culture, tourism, sport and leisure. Public administrations in Andalusia shall promote the approval of specific plans and programmes which allow, thanks to interpreters of LSE, interpreter-guides or mediation professional services, guided tours or any other appropriate means and techniques, access and enjoyment by deaf persons, auditory impaired persons and deaf-blind persons of cultural goods and activities and of sporting, touristic, recreational and leisure activities, such as cinemas, theatres, nature protection areas, museums of regional competence, monuments and any other cultural goods. 5. Construction. Public administrations in Andalusia and their special purpose entities shall implant the advanced application of information and telecommunication technologies in buildings, establishments and facilities used by deaf persons, auditory impaired persons and deaf-blind persons and promote the application of such technologies in buildings, establishments and facilities in public areas with private use or ownership, with the aim of guaranteeing the use of LSE and means of support for oral communication. The installation and improvement of devices adapted to the information, communication and telecommunication needs for accessing and using urban public spaces and buildings, including dwellings, shall be considered as accessibility features for deaf persons, auditory impaired persons and deaf-blind persons. 6. Social welfare. Public administrations in Andalusia which are responsible for social welfare matters shall promote accommodation of their services to the needs of auditory impaired users. To this effect, training in LSE shall be specifically boosted for employees of the communitys social services centres, for employees of assessment and guidance centres for persons with impairments and for employees of assessment services regarding dependent adult status.
Article 12. Transport. 1. Those land, sea and air public transport stations of Andalusian regional or local competence which are determined, based on the average passenger traffic, shall promote the supply of services by interpreters of LSE and interpreter-guides, either in situ or via tele- interpretation, at information and passenger help desks. 2. The publication and distribution of instructions regarding rights and duties, safety and operational planning standards for transport shall be additionally performed, whenever possible, in LSE and through means of support for oral communication. 3. The measures provided for in the previous paragraphs shall be incorporated into the minimum content of accessibility plans described in section 11.1 of annex IX of Royal Decree No. 1544/2007 of 23 November, regulating basic conditions of non-discrimination and accessibility for persons with disabilities in the use and enjoyment of modes of transport.
Article 13. Relations with public administrations. 1. The administration of the Andalusian Regional Executive, its special purpose entities, local administrations and universities shall seek to provide appropriate attention, respect for the use of LSE and of the oral language through means of support for oral communication and employee training, as well as adequate lighting conditions, time scales and signposting of interpretation services in LSE, interpreter-guide, mediation services and means of support for oral communication. 2. Accessibility for deaf persons, auditory impaired persons and deaf-blind persons to the telephone service of public administrations in Andalusia shall be promoted. 3. The implementation of accessible systems for supplementary information, such as audiovisual systems transmitting information in LSE, and means of support for oral communication, such as closed-captioning of audiovisual systems, shall be facilitated in those information desks which are not directly staffed by employees.
Article 14. Administration of justice. The administration of the Andalusian Regional Executive, through the relevant regional ministry in charge of the provision of material and personal means for the administration of justice, shall promote the appropriate conditions for the provision of interpretation services in LSE, interpreter-guide services and means of support for oral communication, for the purpose of making communication in judicial and extrajudicial proceedings, in all legal fields where it acts, accessible to deaf persons, auditory impaired persons and deaf-blind persons, in accordance with the procedural laws currently in force on each matter.
Article 15. Political participation. 1. In accordance with the provisions of articles 13 and 22 of the 27/2007 Act enacted on 23 October, public authorities, political parties and economic and social agents shall facilitate that institutional information and programs of free and compulsory broadcast in the media, in accordance with the electoral and trade union legislation, be fully accessible to deaf persons, auditory impaired persons and deaf-blind persons by their broadcast and distribution in LSE and with closed- captioning, both live and pre-recorded. 2. The Parliament of Andalusia and the local entities shall promote the interpretation in LSE and the availability and use of means of support for oral communication and closed- captioning in public plenary meetings and in any other meetings of general interest, when so determined, attended by deaf persons, auditory impaired persons and deaf-blind persons upon their previous request.
Article 16. Means of social communication, telecommunications and information society. 1. Public administrations in Andalusia shall guarantee the necessary measures for the means of social communication to be accessible to deaf persons, auditory impaired persons and deaf-blind persons, either LSE users or oral language users, as is contemplated by the specific regulation. 2. Public administrations in Andalusia shall promote accessibility to telecommunications by the progressive incorporation of LSE, closed- captioning and audio description, if required, and of the corresponding systems of access to information in web portals and websites of public
ownership or financed by public funds or owned by undertakings that provide publicly available services of particular economic significance, bound by the obligation under article 2 of the 56/2007 Act of 28 December on measures to promote the information society. This incorporation shall comply with the established safety standards and shall have a special effect on information on the accessible services provided. 3. Public administrations in Andalusia, within the scope of their respective competences, shall promote the incentive, development and implementation of accessibility standards for persons with disabilities and design for everyone of all elements and processes based on new technologies of information society. Development of audiovisual carriers, such as educational, dissemination and information materials which include LSE, closed-captioning and audio description shall be promoted with the aim of providing access and accessibility in the information and knowledge society. 4. In congresses, symposia, seminars and any other type of events organized or subsidized by the public administrations in Andalusia and by any other public and private entities, when attended by deaf persons, auditory impaired persons and deaf-blind persons, accessibility shall be facilitated with the provision of interpretation services in LSE, interpreter-guide services, or the necessary means of support for oral communication, upon their previous request. Likewise, adequate and accessible space shall be reserved for such persons and appropriate technical conditions for the performance of interpretation and interpreter-guide services shall be established. 5. For the purpose of bringing the information and communications technologies closer to deaf persons, auditory impaired persons and deaf-blind persons, their training in new technologies management shall be promoted. Article 17. Research. 1. The administration of the Andalusian Regional Executive shall promote research on LSE and research on means of support for oral communication with the collaboration of the Andalusian public universities, together with the representative organisations for deaf persons, auditory impaired persons, deaf-blind persons and their relatives, social and economic agents and other research institutions. 2. It shall also promote research on pedagogic innovation, development and monitoring of bilingual education for deaf persons, auditory impaired persons and deaf-blind persons. 3. The administration of the Andalusian Regional Executive shall promote research on the application of LSE and of means of support for oral communication in all participation fields, such as education, employment, culture, new technologies, information and knowledge society, social welfare, health and construction, among others. To that end, the opinion of persons with disabilities -LSE users and oral language users- through their representative organisations and their relatives, as well as through the economic and social agents, shall be taken into account. 4. In the development of technological projects in Andalusia regarding new products, goods and services which include LSE or means of support for oral communication, the participation of representative organisations for persons with disabilities and for their relatives shall be taken into account.
First additional provision. Special Monitoring Committee for this Act.
A Special Monitoring Committee shall be created by order of the relevant regional ministry in charge of the social integration of persons with disabilities within the Andalusian council for the support of persons with disabilities. All organisations for deaf persons, auditory impaired persons, deaf-blind persons and their relatives, the representatives of the local administration and the social and economic agents shall be represented on it. Its aim shall be to encourage and monitor compliance of the measures introduced by this Act and to offer the appropriate measures to guarantee its full effectiveness. Gender balance shall be maintained in the composition of that Committee.
Second additional provision. Guarantees for the structural endowments. Public authorities in Andalusia shall facilitate the necessary human, technical and financial resources for the execution of the positive action measures concerned by this Act, as well as for the development of cross-sectoral applicability of the policies on deaf persons, auditory impaired persons and deaf-blind persons.
Third additional provision. Technical support and other resources. The Andalusian administration, in the extent of its competence, shall provide funding -within the limits of the budgetary resources available- to individuals and entities for the acquisition of support products and technical resources, as well as human resources facilitating accessibility to communication for auditory impaired LSE users and oral language users in Andalusia. Aid may be granted to organizations in Andalusia for such support products, technical and human resources. Such aid shall be intended for the implementation of reasonable accommodation related to the accessibility to communication in the fields of access, training and promotion in the workplace of persons with disabilities -LSE users and oral language users. Public administrations in Andalusia, representative organisations for deaf persons and their relatives, private enterprises, non-profit organizations and economic and social agents shall be eligible for such aids.
Fourth additional provision. Arbitration system. The effective implementation of the arbitration system shall be subject to the constitution and operation of the arbitration board of equal opportunities, non-discrimination and universal accessibility in the autonomous region of Andalusia, as provided for under the Spanish national legislation.
Fifth additional provision. Reproduction of the Spanish national legislation. Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 reproduce, in part, certain regulations issued by the Spanish State, on the basis of article 149.1.1 st of the Spanish Constitution and recognized by the 27/2007 Act enacted on 23 October, recognizing the Spanish sign languages and regulating the means of support for oral communication for deaf persons, auditory impaired persons and deaf-blind persons.
First final provision. Development of legislation and enforcement of this Act. 1. The Governing Council of the Andalusian Regional Executive is authorised to lay down any provisions that may be necessary for the development of legislation and enforcement of this
Act in accordance with the deadlines contained in the fifth final provision of the 27/2007 Act enacted on 23 October. The development of legislation for this Act shall be effected in accordance with the provisions of articles112 and 119.3 of the Statute of Autonomy for Andalusia and article 44 of the 6/2007 Act enacted on 24 October by the Andalusian Regional Government. 2. Likewise, the Governing Council shall specifically draft regulations on the technical standards concerning accessibility and removal of barriers for communication in Andalusia. The development of legislation referred to in the preceding paragraph shall be executed within a period of not more than three years.
Second Final Provision. Entry into force. The present Act shall come into force on the month following its publication in the Official Gazette of the Andalusian Regional Executive (BOJA).
Seville, 5 th December 2011 JOS ANTONIO GRIN MARTNEZ President of the Andalusian Regional Executive