Law on Honduran Sign Language (LESHO)

OBJECT OF THE LAW. This Law has as its object to recognize the Honduran Sign Language (LESHO), as the language used by deaf persons, those with hearing disabilities and deafblind persons, who freely decide to use it as a linguistic medium or system to understand and be understood by other persons.

GENERAL PRINCIPLES. This Law is guided by the following principles:

• 1)

  DIGNITY OF THE HUMAN PERSON: It is fully guaranteed and recognized to deaf persons, those with hearing disabilities and deafblind persons, all rights inherent to human dignity and fundamental freedoms established in the Constitution of the Republic, laws and international instruments on human rights;

• 2)

  EQUALITY AND NON-DISCRIMINATION: Every person is equal before the Law. Consequently, no person may be discriminated against nor treated unequally, directly or indirectly, due to their condition as deaf, having a hearing disability or being deafblind, nor for exercising their right of choice to use the Honduran sign language in any field, whether public or private;

• 3)

  UNIVERSAL ACCESSIBILITY: In order that persons with disabilities may live independently and participate fully in all aspects of life, the State must adopt appropriate measures to ensure access for persons with disabilities, on equal terms with others, to the physical environment, transportation, information and communications, including information and communications systems and technologies, and to other services and facilities open to the public or in public use, both in urban and rural areas;

• 4)

  TRANSVERSALITY OF PUBLIC POLICIES ON SIGN LANGUAGE: The actions developed by the public administration shall not be limited solely to specific plans, programs and actions, conceived exclusively for deaf persons, those with hearing disabilities and deafblind persons who are users of such linguistic modalities or support means, but shall comprise general policies and lines of action in any area of public action, taking into account the diverse needs and demands of the persons who are users thereof;

• 5)

  FREEDOM OF CHOICE: Deaf persons, those with hearing disabilities and deafblind persons and, where applicable, their parents, guardians, teachers or legal representatives may voluntarily and freely choose to use the Honduran sign language; and,

• 6)

  NORMALIZATION: It is the right that the person with a disability has to carry out and develop a normal life similar to that considered habitual in society, accessing the same places, spaces, goods and services that are made available to any person.

DEFINITIONS. For the purposes of this Law, the following terms shall mean:

• 1)

  SIGN LANGUAGE: It is the language or linguistic system of a visual, agraphic spatial, gestural and manual character in whose formation historical, cultural, linguistic and social factors intervene, traditionally used as languages by deaf persons, those with hearing disabilities and deafblind persons in Honduras.

• 2)

  ORAL LANGUAGE: It is the expression manifested by sounds, which becomes the language or linguistic system used by the generality of hearing persons, for which reason it is considered as the language officially recognized in the Constitution of the Republic.

• 3)

  BASIC GESTURAL COMMUNICATION: It is the set of codes, systems of signs restricted to the understanding of specialized personnel and by the family group of the deaf person, with hearing disability and deafblind persons, for which reason it is not considered a standardized language.

• 4)

  DEAF PERSON: It is the person who has the difficulty or total and permanent inability to use the sense of hearing, due to loss of their hearing capacity and therefore uses sign language as a communication channel.

• 5)

  PERSON WITH HEARING DISABILITY: It is the person who has the difficulty or partial or temporary inability to use the sense of hearing, due to loss of their hearing capacity and therefore uses sign language as a communication channel.

• 6)

  PERSON WITH DEAFBLINDNESS: It is the person who suffers from a combined impairment of the senses of sight and hearing, which hinders their vision, their access to information, communication and mobility. This dual disability gravely affects the daily skills necessary for a minimally autonomous life, requires specialized services for care and special communication methods.

• 7)

  SIGN LANGUAGE INTERPRETER: It is the professional who interprets and translates information from sign language to oral and written language and vice versa, with the purpose of ensuring communication and interaction between deaf persons, those with hearing disabilities and deafblind persons who are users of this language, with hearing persons and their relationship with society;

• 8)

  DEAF EDUCATOR: It is a deaf person who participates in the education of another deaf person, with hearing disability and deafblind persons, transmitting knowledge of sign language and the skills to achieve integration in all areas of life in society.

• 9)

  EDUCATOR FOR DEAF PERSONS, WITH HEARING DISABILITY AND DEAFBLIND PERSONS: It is a hearing person with specialized studies to direct or assume the educational process of a deaf person, with hearing disability and deafblind person.

• 10)

  COMMUNICATION FACILITATOR: It is the person with general knowledge about sign language who facilitates basic communication between deaf persons, those with hearing disability, deafblind persons and hearing persons.

• 11)

  DEAF MEDIATOR: It is the deaf person with knowledge and training in sign language who, in special cases, facilitates communication between interpreters and deaf persons, those with hearing disabilities and deafblind persons, hearing persons and their environment, who have basic gestural communication or non-standardized sign systems.

OFFICIAL RECOGNITION. The Honduran Sign Language (LESHO) is recognized as an official means of communication in the national territory for deaf persons, those with hearing disability, deafblind persons and the general population.

STATE PROMOTION OF RIGHTS. The Secretaries of State, decentralized institutions, deconcentrated institutions and other organs of public administration, Municipalities and other State institutions must promote policies, plans, programs and strategies for the application of this Law and the dissemination of the rights of deaf persons, those with hearing disabilities and deafblind persons.

USE OF INTERPRETERS IN STATE INSTITUTIONS AND OFFICIAL ACTS. In official or public acts, of national, regional or local character, in which the President of the Republic, the Presidents of the other Branches of State, the Secretaries of State and holders of other State institutions participate, efforts must be made progressively upon the effectiveness of this Law, the participation of interpreters of the Honduran sign language to ensure access to information and communication for deaf persons, those with hearing disabilities and deafblind persons, as well as the participation of hearing interpreters to promote the dissemination of information from members of this sector to Honduran society in general.

USE OF INTERPRETERS IN AUDIOVISUAL MEDIA. The owners and proprietors of social media outlets, fulfilling their corporate social responsibility and that of contributing to the achievement of education and culture services, must progressively upon the effectiveness of this Law use interpreters of the Honduran sign language in the transmission of all programs of national production in order to keep deaf persons and those with hearing disabilities properly informed.

SPECIALIZATION OF STAFF AT PUBLIC AND PRIVATE EDUCATIONAL CENTERS. The State of Honduras, through the Secretary of State in the Office of Education, must ensure that progressively upon the effectiveness of this Law, the administrative and teaching staff of Public and Private Educational Centers and Higher Education that serve deaf persons and those with hearing disabilities receive special training to know and use the Honduran sign language in the teaching-learning process and interaction with such persons.

TRAINING OF INTERPRETERS. Public and private universities must promote the establishment of special programs or careers for the training of interpreters, facilitators, mediators and teachers, which, in compliance with the requirements demanded by the study plans of such centers, are recognized academically as suitable to direct or assume the teaching-learning process of deaf persons, those with hearing disabilities and deafblind persons. CHAPTER II OF RIGHTS

RIGHT TO EDUCATION IN THE HONDURAN SIGN LANGUAGE. The State of Honduras through the National Educational System must guarantee to deaf students, those with hearing disabilities and deafblind persons, the full right to education in the Honduran sign language as one of the indispensable instruments in the teaching-learning process.

EQUAL ACCESS TO JUSTICE. The Supreme Court of Justice must guarantee that in the development of all judicial proceedings, deaf persons, those with hearing disabilities and deafblind persons may have the assistance of an interpreter of the Honduran sign language who facilitates their communication in their appearances before judicial instances or authorities, as an effective means to achieve full and equal access to justice. This same right must be guaranteed in appearances before the Administrative Bodies of the Executive Branch. In cases of deaf persons who do not manage a standardized sign language, but rather forms of basic gestural communication, it must be guaranteed that in addition to an interpreter of the Honduran sign language, the presence of a deaf mediator shall be ensured.

PRIORITIZATION. The Institutions and Organizations that provide public services, social welfare and assistance services must progressively upon the effectiveness of this Law have the participation of interpreters of the Honduran sign language for the attention of deaf persons, those with hearing disabilities and deafblind persons.

LEGAL PROTECTION FOR PARENT OR LEGAL REPRESENTATIVE. The mother, the father, or whoever has under their guardianship or legal custody a deaf person, with hearing disability or deafblind person, has the right to special leave duly credited during their working hours for the medical and educational care of their children and those they represent.

EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH HEARING DISABILITY. Deaf persons, those with hearing disabilities and deafblind persons have the right on equal terms of opportunity to employment, to equitable and satisfactory working conditions, in compliance with the provisions of Article 35 of the Law of Equity and Integral Development for Persons with Disabilities. Deaf persons, those with hearing disabilities or deafblind persons who cannot enjoy an employment opportunity, must be considered as priorities as beneficiaries of the various assistance and social care programs of the Government of the Republic, without prejudice to persons with other disabilities.

GUARANTEE FOR EFFECTIVE INFORMATION AND POLITICAL PARTICIPATION. The Supreme Electoral Tribunal (TSE) must take the necessary measures to guarantee effective information and political participation, included in the electoral processes and public consultation of other activities of deaf and deafblind persons, likewise it must establish the procedures that are pertinent, with the collaboration of organized sectors and recognition of the disability sector. To guarantee the effective information and political participation of deaf persons, those with hearing disabilities and deafblind persons in electoral processes, the Supreme Electoral Tribunal (TSE) must take the necessary measures so that these persons are included in electoral processes, public consultations and political propaganda and establish the procedures that are pertinent with the collaboration of organized and recognized sectors of the disability sector.

DISCOUNTS. Deaf persons, those with hearing disabilities, and those who are deaf-blind, in accordance with Article 53 of the Law on Equity and Comprehensive Development for Persons with Disabilities, are beneficiaries of the following discounts:

• 1)

  Twenty-five percent (25%) on urban land transportation in the bus modality;

• 2)

  Twenty-five percent (25%) on interurban land transportation in the bus modality;

• 3)

  Thirty percent (30%) on air and maritime services on national routes;

• 4)

  Fifty percent (50%) on public entertainment service fees, such as: movie theaters, theaters, stadiums, and others;

• 5)

  Twenty percent (20%) on the purchase of pharmaceutical medications, with the respective medical prescription;

• 6)

  Twenty percent (20%) for general medical consultations and twenty-five percent (25%) for specialized medical consultations.