Law on Honduran Sign Language (LESHO)

SUBJECT MATTER OF THE LAW. The purpose of this Law is to recognize the Honduran Sign Language (LESHO), as the language used by deaf persons, persons with hearing disabilities and deafblind persons, who freely decide to use it as a linguistic medium or system to understand and make themselves understood by other persons.

GENERAL PRINCIPLES. This Law is based on the following principles:

• 1)

  DIGNITY OF THE HUMAN PERSON: The full guarantee and recognition is granted to deaf persons, persons with hearing disabilities and deafblind persons, of 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 can be discriminated against or treated unequally, directly or indirectly, because of their condition of deafness, hearing disability or deafblindness, nor for exercising their right of choice to use the Honduran sign language in any sphere, whether public or private;

• 3)

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

• 4)

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

• 5)

  FREEDOM OF CHOICE: Deaf persons, persons 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 a person with a disability has to lead 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 are understood to mean:

• 1)

  SIGN LANGUAGE: It is the language or linguistic system of a visual, graphic-spatial, gestural and manual character in whose formation historical, cultural, linguistic and social factors intervene, traditionally used as languages by deaf persons, persons 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 the officially recognized language in the Constitution of the Republic.

• 3)

  BASIC GESTURAL COMMUNICATION: It is the set of codes, systems of signs limited to the understanding of specialized personnel and by the family group of the deaf person, person with hearing disability and deafblind person, 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 impossibility of using the sense of hearing, due to loss of their hearing capacity and therefore uses sign language as their communication channel.

• 5)

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

• 6)

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

• 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, persons 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, person with hearing disability and deafblind person, transmitting knowledge of sign language and the skills to achieve integration in all spheres of life in society.

• 9)

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

• 10)

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

USE OF INTERPRETERS IN STATE INSTITUTIONS AND OFFICIAL ACTS. In official or public acts, of a national, regional or local character, in which the President of the Republic, the Presidents of the other Powers of the State, the Secretaries of State and heads of other State institutions participate, there must be progressively sought, in accordance with the enactment of this Law, the participation of interpreters of the Honduran sign language to ensure access to information and communication of deaf persons, persons with hearing disability and deafblind persons, as well as the participation of hearing interpreters to promote the dissemination of information from the members of this sector to Honduran society in general.

USE OF INTERPRETERS IN AUDIOVISUAL MEDIA. Owners and managers of social communication media, fulfilling their corporate social responsibility and the duty to contribute to the achievement of education and culture services, must progressively, in accordance with the enactment of this Law, use interpreters of the Honduran sign language in the transmission of all nationally produced programs in order to keep deaf persons and persons with hearing disabilities properly informed.

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

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

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

EQUAL ACCESS TO JUSTICE. The Supreme Court of Justice must guarantee that in the course of all judicial proceedings, deaf persons, persons with hearing disabilities and deafblind persons can count on the assistance of a Honduran sign language interpreter who facilitates their communication in their appearances before the judicial instances or authorities, as an effective means to achieve their full and equal access to justice. The same right must be guaranteed in appearances before the Administrative Organs of the Executive Power. In cases of deaf persons who do not use a standardized sign language, but rather forms of basic gestural communication, there must be guaranteed, in addition to a Honduran sign language interpreter, the presence of a deaf mediator.

ESTABLISHMENT OF PRIORITIES. Institutions and Organisms that provide public services, social welfare and assistance services must, progressively in accordance with the enactment of this Law, have the intervention of Honduran sign language interpreters for the care of deaf persons, persons with hearing disability and deafblind persons.

LEGAL PROTECTION FOR THE FATHER, MOTHER OR LEGAL REPRESENTATIVE. The mother, father, or person who has the legal custody or guardianship of a deaf person, person with hearing disability or deafblind person, has the right to special leave duly accredited during their work hours, for the medical and educational care of their children and those under their representation.

EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH HEARING DISABILITY. Deaf persons, persons with hearing disability and deafblind persons have the right to equal employment opportunities, to equitable and satisfactory working conditions, in compliance with what is established in Article 35 of the Law of Equity and Integral Development for Persons with Disabilities. Deaf persons, persons with hearing disability or deafblind persons who could not enjoy an employment opportunity, must be considered as priority beneficiaries of the various programs of assistance and social care 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 in electoral processes, including in electoral processes and popular consultations of other activities by deaf and deafblind persons, and must also establish the appropriate procedures, with the collaboration of organized sectors and recognition of the disability sector. To guarantee effective information and political participation of deaf persons, persons with hearing disability 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, popular consultations and political campaigns and establish the appropriate procedures with the collaboration of organized and recognized sectors of the disability sector.

DISCOUNTS. Deaf persons, those with hearing disabilities, and deafblind persons, in accordance with what is established in Article 53 of the Law of 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 inter-urban land transportation in the bus modality;

• 3)

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

• 4)

  Fifty percent (50%) on public entertainment fees, such as: cinemas, theaters, stadiums or 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;

• 7)

  Twenty percent (20%) on surgical intervention services;

• 8)

  Twenty percent (20%) on services received in private hospitals and clinics;

• 9)

  Twenty-five percent (25%) on dental, ophthalmology, clinical exams, radiological and/or other types of computerized analysis services, prosthetics or other equipment;

• 10)

  Twenty percent (20%) in any type of hotels regardless of their category;

• 11)

  Twenty percent (20%) on individual food consumption in restaurants, according to the classification established by the Honduran Institute of Tourism (IHT);

• 12)

  Twenty percent (20%) on musical instruments; and 13) Twenty percent (20%) on internet connection and rental services.

TAX EXEMPTION. The Centers of the National Educational System at its various levels are exempt from the payment of all customs duties and any other tax for the importation and purchase of any type of specialized equipment and auxiliary resources required in the areas of education, health, recreation, communication, habilitation and rehabilitation of deaf persons, those with hearing disabilities, and deafblind persons with the object of facilitating communication and interaction of persons with hearing disabilities and their environment. Non-Governmental Organizations and any other institution that imports this type of equipment and implements for the benefit of deaf persons, those with hearing disabilities, and deafblind persons, enjoy this benefit by properly accrediting such fact. To guarantee the proper use of this benefit, the institutions that enjoy the exemption granted by this Law must register previously with the Secretariat of State in the Office of Finance through the Franchise Directorate.

PRESIDENTIAL CONVERSATION WITH THE DISABILITY SECTOR. The Secretariat of State in the Offices of Justice and Human Rights must organize and execute annually a "Conversation with the Disability Sector and the President of the Republic", with the objective of making known the progress and challenges in the sector and influencing the making of governmental decisions for the enjoyment of rights and fundamental freedoms of persons with disabilities, and must for this purpose carry out the necessary coordination with the other Secretariats and other State Bodies who must support the activities planned within the framework of such activity. CHAPTER III ORGANIZATION, STRUCTURE, ROLES AND INSTITUTIONAL RESPONSIBILITIES

NATIONAL COUNCIL OF THE HONDURAN SIGN LANGUAGE LAW. The National Council of the Law of Honduran Sign Language (CONALESHO) is created as the responsible body for the promotion of rights in the sector and the dissemination of the Law of Honduran Sign Languages. The National Council of the Law of Honduran Sign Language (CONALESHO) functions as a Consultative body in this matter, attached to the Secretariat of State in the Offices of Justice and Human Rights.

COMPOSITION OF THE NATIONAL COUNCIL OF THE LAW OF HONDURAN SIGN LANGUAGE. The National Council of the Law of Honduran Sign Language is composed of the heads or representatives of the following Institutions:

• 1)

  Secretariat of State in the Offices of Interior and Population;

• 2)

  Secretariat of State in the Presidential Office;

• 3)

  Secretariat of State in the Offices of Justice and Human Rights;

• 4)

  Secretariat of State in the Office of Health;

• 5)

  Secretariat of State in the Office of Education;

• 6)

  Secretariat of State in the Office of Social Development;

• 7)

  National Institute of Statistics (INE);

• 8)

  National Commission of Telecommunications (CONATEL);

• 9)

  Association of Municipalities of Honduras (AMHON);

• 10)

  National Autonomous University of Honduras (UNAH);

• 11)

  National Pedagogical University "Francisco Morazán";

• 12)

  Schools and Institutes dedicated to providing educational services to deaf persons, those with hearing disabilities, and deafblind persons;

• 13)

  Civil Society Organizations working with hearing disabilities, deaf and deafblind persons;

• 14)

  National Federation of Organisms of Persons with Disabilities of Honduras;

• 15)

  National Association of Deaf Persons of Honduras;

• 16)

  National Federation of Parents and Mothers of persons with disabilities of Honduras; and 17) Coordinator of Institutions and Associations of Rehabilitation of Honduras; Non-Governmental Organizations, International Organizations and Cooperation bodies, sectors and interested persons may be invited to CONALESHO meetings upon special invitation thereof. For the purpose of streamlining its functioning, the plenary of CONALESHO, by simple majority must proceed to elect a Board of Directors, composed of seven (7) members, with a duration of (2) years, and may be re-elected for an additional period. The Secretariat of State in the Offices of Justice and Human Rights as the governing body of public policies in justice and human rights must provide technical assistance to CONALESHO.

AD HONOREM. The members of the National Council of Honduran Sign Language (CONALESHO) and its Board of Directors must perform the functions referred to in this Law on an ad honorem basis, with the exception of the Executive Secretary and support personnel.

POWERS OF THE NATIONAL COUNCIL OF THE LAW OF HONDURAN SIGN LANGUAGE. The National Council of Honduran Sign Language (CONALESHO) has the following powers:

• 1)

  Approve the Internal Regulations,

• 2)

  Approve the Strategic and Annual Operating Plan;

• 3)

  Propose and promote in coordination with the Secretariat of State in the Office of Education, Secretariat of State in the Offices of Justice and Human Rights and the Association of Municipalities of Honduras (AMHON), the approval and implementation of the Public Policy of Care for deaf persons, those with hearing disabilities and deafblind persons;

• 4)

  Create together with the University Superior Council and the Secretariat of State in the Offices of Justice and Human Rights, a special program to guarantee full access of deaf persons, those with hearing disabilities and deafblind persons to Centers of Higher Education;

• 5)

  Create together with the Secretariat in the Office of Education, a special program to guarantee full access of deaf persons, those with hearing disabilities and deafblind persons to Centers of Pre-basic, Basic and Secondary Education;

• 6)

  Coordinate with the National Institute of Professional Training (INFOP) and with the National Commission for the Development of Alternative Non-Formal Education (CONEANFO), matters relating to national programs of alternative or non-formal training for the benefit of deaf persons, those with hearing disabilities and deafblind persons;

• 7)

  Coordinate with the National Commission of Telecommunications (CONATEL), compliance with what is provided in Article 7 of this Law;

• 8)

  Organize jointly with the Secretariat of State in the Offices of Justice and Human Rights, the annual conversation with the President of the Republic and the disability sector;

• 9)

  Appoint and remove in qualified cases the Executive Secretary; and,

• 10)

  Promote sign language for indigenous and Afro-descendant peoples.

RESOLUTIONS. Decisions and resolutions must be taken by simple majority of its legally convened members. It is the duty of the heads of the institutions of the State that form part of the Board of Directors to attend the sessions, and if they are unable to do so, they must delegate their representation to an official accredited for such purpose, who shall attend with broad decision-making powers on the matters discussed in the plenary.

ECONOMIC RESOURCES. For the fulfillment of the objectives provided for in this Law, the Secretariat of State in the Office of Finance must allocate in the General Budget of Income and Expenditures of the Republic, an annual budgetary item necessary for the rational, efficient and effective functioning of CONALESHO, in accordance with the budget presented by this Council, through the Secretariat of State in the Offices of Justice and Human Rights, without prejudice to each institution that makes up CONALESHO, whether from the Central Government, deconcentrated or decentralized, being able to allocate budgetary items in their general budget preliminary drafts, for the purposes of fulfilling their respective competencies based on what this Law determines.

ORGANIZATION. For the better functioning of the National Council of Honduran Sign Language (CONALESHO), it must be supported by the following bodies: 1) Board of Directors; and, 2) Executive Secretariat.

POWERS OF THE BOARD OF DIRECTORS. The Board of Directors of the National Council of the Law of Honduran Sign Language (CONALESHO) has the following powers:

• 1)

  Execute the resolutions, policies and directives adopted in the plenary of CONALESHO;

• 2)

  Foster interaction, coordination and international cooperation for the realization of actions aimed at promoting the rights of deaf persons, those with hearing disabilities and deafblind persons;

• 3)

  Act as a body of consultation, advice and control of other departments and entities of the public administration, as well as of the regional, departmental, municipal authorities and of the social and private sectors when they so require for the discussion and follow-up of actions in matters of promotion of the rights of deaf persons, those with hearing disabilities and deafblind persons;

• 4)

  Convene through the Executive Secretariat, Ordinary and Extraordinary sessions of CONALESHO;

• 5)

  Issue directives to the Executive Secretariat; and,

• 6)

  Other powers delegated by CONALESHO.

FUNCTIONS OF THE EXECUTIVE SECRETARIAT. The person appointed as head of the Executive Secretariat of CONALESHO has the following functions:

• 1)

  Act as the technical body of CONALESHO, in accordance with the instructions that it and its Board of Directors establish;

• 2)

  Facilitate and support the processes of coordination and inter-institutional articulation of State entities responsible for the direct execution of national plans;

• 3)

  Resolve in the first instance the cases that the Board of Directors expressly delegates;

• 4)

  Act as Secretary of the Board of Directors;

• 5)

  Supervise the correct execution of the agreements of the Board of Directors;

• 6)

  Coordinate the execution of acts, agreements and contracts with public and private entities, national and international;

• 7)

  Make convocations for Ordinary meetings of CONALESHO, which must be held once a month and Extraordinarily when necessary;

• 8)

  Prepare the annual report of the actions carried out by CONALESHO, which must be sent to the head of the Secretariat of State in the Offices of Justice and Human Rights;

• 9)

  Present and support the reports that CONALESHO requests, through a Board of Directors;

• 10)

  Prepare and execute under its direction the corresponding Annual Operating Plan (POA); and,

• 11)

  Others that are established in the respective Regulation. CHAPTER IV FINAL AND TRANSITORY PROVISIONS

INSTALLATION OF THE NATIONAL COUNCIL OF THE LAW OF HONDURAN SIGN LANGUAGE. The Secretariat of State in the Offices of Justice and Human Rights, within a period of no more than thirty (30) working days from the date of entry into force of this Law, must request the institutions that make up the National Council of Honduran Sign Language (CONALESHO) to appoint their representatives, so that once formed, it may be officially installed by the President of the Republic.

REGULATION OF THIS LAW. The Secretariat of State in the Offices of Justice and Human Rights, within a period of no more than ninety (90) working days from the date of entry into force of this Law, in coordination with the National Council of Honduran Sign Language (CONALESHO), must issue the Regulation of this Law.

EFFECTIVE DATE. This Law shall enter into force sixty (60) days after its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the fifteenth day of the month of January of the year two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT BY THE LAW GLADIC AURORA LÓPEZ CALDERÓN SECRETARY ÁNGEL DARIO BANEGAS LEIVA SECRETARY Let it be sent to the Executive Power on the date of April 24, 2014. Therefore: Let it be executed. Tegucigalpa, M.D.C., May 9, 2014. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO