The Commission on Human Rights (CHR) welcomes the recent pronouncement of the Supreme Court, per Office of the Court Administrator (OCA) Circular No. 106-2022, encouraging the exemption of deaf parties and their sign language interpreters from in-court hearings and, otherwise, be allowed to appear during court hearings via online video conferencing.

The circular comes after the request of Komisyon sa Wikang Filipino Chairman Arthur P. Casanova, in consultation with the Philippine Federation of the Deaf and the Philippine National Association of Sign Language Interpreters. According to them, COVID-19 protocols required in in-court hearings, such as wearing face masks, hamper the effectiveness, speed, and accuracy of communication between the deaf signer and their interpreter. With masks on, understanding Filipino Sign Language (FSL), which includes hands and non-manual signals, i.e. coordinated movements of the face, head, and body, becomes extremely difficult. This is further complicated by the social distancing requirement that affects visual acuity of the involved deaf litigants and/or witnesses.

CHR upholds Article III, Section 1 of the Philippine Constitution which provides that: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” Likewise, Republic Act 7277 or the Magna Carta for Disabled Persons states that: As part of our society, “the State shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society” which includes the removal of social barriers that limit the fullest possible participation of Persons with Disabilities; in this case, access to justice as the core principle of the rule of law.

All persons, including those with disabilities, should be allowed to participate in every phase of the judicial process and to seek appropriate remedies following the procedure set forth under the Rules of Court and other remedies provided by law.

The Commission duly expresses its support to the Supreme Court for this inclusive development as it ensures Persons with Disabilities’ right to equal participation in judicial and administrative proceedings as witness, juror, complainant, or defendant.

CHR affirms its commitment, along with fellow duty bearers, to address and forward the needs of persons with disabilities in relation to their human rights, especially access to justice. ###