Whereas the difficulties faced by disabled individuals in terms of accessing the material, information and communication environment, public authorities shall be under due obligation to take certain specific measures, in line with Law no. 448 / 2006 on the due protection and promotion of disabled individuals’ rights.
Further on, please find an application draft, aiming at enhancing public authorities’ sensitivity and willingness to take the duly required measures, by presenting the legal framework regulating such obligations.
[Institution / Authority]
To the Manager,
The undersigned , holder of PIN code number , having my residence in , in a capacity of disabled individual – beneficiary of the due provisions of Law no. 448/2006 on the due protection and promotion of disabled individuals’ rights,
By virtue of the revised European Social Charter, as enacted in Strasbourg, on May 3rd 1996, as ratified by Law no. 74/1999, as well as by virtue of the due provisions of art. 61 of Law no. 448/2006, shall hereby file the present:
By which I hereby ask the present public authority to comply with and duly enforce the legal obligations incumbent on the latter, as related to providing for one mimics-gesture interpreter at public meetings, which obligations have already been set to fall under such authority’s duty, as per the provisions of art. 61 and art. 69 of Law no. 448/2006 on the due protection and promotion of disabled individuals’ rights.
In line with the provisions of art. 61 paragraph 1 letter f of the aforementioned Law, ”In view of ensuring the disabled individuals’ access to the material, information and communication environment, public authorities shall be under due obligation to take the following specific measures, namely: f) providing for authorized mimics-gesture interpreters and of deaf-blind specific language interpreters”.
Also, in line with the due provisions of art. 69 para 1 and 3 of Law no. 448/2006, ”(1) Central and local, public or private institutions and authorities shall duly provide for any direct relation with the individuals suffering from hearing or deaf-blind – related disabilities, a number of authorized mimics-gesture interpreters as well as interpreters for the deaf-blind individual specific language. (…) (3) The mimics – gesture language and the specific language of deaf-blind individuals are official acknowledged as specific means of communication for the disabled individuals suffering from hearing or sight disabilities”.
Last but not least, points 14 and 15 of Part I of the revised European Social Charter, as enacted in Strasbourg on May 3rd 1996, as ratified by Romania by virtue of Law no. 74/1999, stipulate that “any individual shall be entitled to benefit from qualified social services”, as well as the fact that any disabled individual shall be entitled to autonomy, to social integration and due attendance of community life.
We hereby remind you that the provisions of art.2 paragraph 1 of Government Ordinance no. 137/2000 sanction and type or form of discrimination whatsoever, namely: ”According to the present ordinance, by discrimination one shall understand any distinction, any deed of exclusion, restriction or preference, based on race, citizenship, ethnic character, language, religion, social category, beliefs, gender, sex, sexual orientation, disability, non-communicable chronic condition, HIV infection, appurtenance to any underprivileged category, as well as any other criterion whose purpose or effect is represented by the limitation, removal of acknowledgment, use or exercise, under equality of chance conditions, of human rights and fundamental freedoms or of such other rights that are acknowledged under the law, in the political, economic, social and cultural environment, or in any other public life fields”.
Thus, in reference to all legal instruments mentioned above, as well as upon consideration of the difficulties we have deal with upon providing for one such mimics-gesture interpreter, who shall assist us during our public meetings, we hereby ask you to take the required measures so as to remove any such impediments, as well as for the due removal of any form of discrimination whatsoever based on disability criterion or on the right to have access to specific means of communication, given that the mimics-gestural language and the deaf-blind individual-specific language are officially acknowledged, as per the aforementioned provisions in force.