The disability rights legal framework in Chile has developed over the years, with growing focus on ensuring equal opportunity to every citizen.
Access to public services, education, work, and communication remains a major issue of concern for the deaf community.
The Disability Law (Ley de Discapacidad) is the primary legal tool for the protection of individuals with disabilities, including the deaf or hard of hearing.
The purpose of the law is the elimination of discrimination and complete integration of deaf people into society.
Although the law is detailed, there are matters that need to be addressed as a result of the realities of enforcing the law.
Interpretation of the Disability Law
The Disability Law of Chile defines the rights of disabled people and calls for public and private institutions to ensure their inclusion.
The law forbids discrimination in all spheres of life against disabled people, including the deaf.
The law encourages use of Chilean Sign Language (Lengua de Señas Chilena, or LSCh) for all public affairs and in education, as an organic means of communication for the deaf.
Apart from that, it requires accessibility features like captioning, sign language interpretation, and materials adapted to the disadvantaged.
Despite the robust legislative framework, it is challenging for most deaf people to avail themselves of services for which they qualify because of falling behind on actual implementation.
Education and Access to Sign Language
Being included in a learning environment is most important to the deaf community because it is a right of a human.
According to the Disability Law, deaf students must have quality learning, like the application of Chilean Sign Language as their natural means of communication.
It includes deaf education-specialized teacher training courses, adjusted curricula, and sign language interpreter accommodations in class.
The majority of deaf students still struggle in the classroom despite these guarantees.
Some schools do not provide proper support for LSCh-dependent students, while others do not have trained personnel.
Universities and colleges also pose barriers of access; they sometimes fail to provide sign language interpretation or other assistance which is needed.
More finances for the expansion of interpretation services, training of teachers, and increasing awareness about the needs of the deaf students must be provided in order to achieve total education inclusion.
Workplace Rights and Work Challenges
Disability Law, which promotes equal opportunity in employment for the disabled, including the deaf employee, guarantees the preservation of the right to work.
Reasonable adjustments such as the use of visual aids to assist communication, sign language interpretation, and adaptation of the workplace are required and must be accommodated by employers.
However, unemployment among the deaf is still prevalent despite these provisions under the law.
Due to the myths surrounding communication barriers, employers do not want to hire deaf individuals, and the majority of them are not aware of their legal requirements.
In spite of the existence of financial incentives and government schemes to encourage companies to hire disabled persons, they have failed.
Company culture needs to shift in a way that companies embrace inclusivity as a value and not just as a matter of compliance with the law.
Healthcare Access for the Deaf
Another area that Chilean deaf people face the biggest challenges in is accessing healthcare.
Although Disability Law mandates health centers to become accessible, there are no sign language interpreters in hospitals and clinics and as such, deaf patients cannot converse with doctors.
Deaf patients are thus generally frustrated, treated poorly, or misdiagnosed when visiting the health center.
Innovations such as hospital text-based communication technology and video relay interpreting have been developed.
However, the majority of deaf people are still unable to access high-quality health care, and these innovations are not being applied on a wide scale.
To achieve full accessibility for healthcare, further funding for interpretation services, stricter enforcement of accessibility legislation, and improved training of medical staff are all required.
Public Services and Legal Protections
Government offices, transport, and other institutions are to be brought within the reach of disabled persons by the Disability Law.
This involves public notice captions being displayed, making available sign language interpreters in government offices, and providing life-saving information in LSCh to deaf persons.
Irregular enforcement of the guidelines, however, still dominates.
While some government offices have been in the forefront of making accessibility arrangements, others lag behind in undertaking the adjustments.
Deaf individuals who encounter the justice system need access to law enforcement and court interpretation services.
They can be subjected to injustices or denied access to their legal rights if they are not provided with proper communication assistance.
Beyond legal compliance, institutions must ensure that they dedicate themselves to providing the deaf individuals with their rights in an attempt to improve access to public services.
Ongoing Challenges and Areas for Reform
The deaf Chilean community is still facing gargantuan challenges towards full integration despite the innovation brought about by the Disability Law.
Certified sign language interpreters are among the largest of these deficits.
Even with legal recognition provided for LSCh, there are too few qualified practitioners to provide services to the deaf community.
Legal, medical, work, and education services access is affected.
Public and institutional ignorance of deaf people’s needs and rights is also an issue.
Due to lack of concern or ignorance from authorities who can make accessibility real, the deaf continue to be excluded.
Additional deaf rights awareness, additional money for accessibility programs, and tougher enforcement of the Disability Law need to be accomplished.
Conclusion
Equal access to education, labor, health, and public services for all offered by Chile’s Disability Law is a good legal foundation for the implementation of deaf people’s rights.
Deaf society still encounters access barriers due to inadequate resources, poor public consciousness, and gaps in enforcement.
Along with legal aid and assistance for the implementation of existing law, Chile also needs, however, to bring about a cultural shift toward equality and accessibility for all to form a society that is truly inclusive.
It is only through unified efforts and determination that the deaf can be fully included in and heard within Chilean society.
For the others who are seeking further assistance, Unspoken Language Services also provides interpreting services in order to fill the gap between deaf and hearing communities when communicating.
Thumbnail Photo by Eric Prouzet
