Court dismisses sign language interpreters case 

The Constitutional Court has dismissed a petition that was seeking to compel the government to recruit more sign language interpreters in public hospitals to ensure the effective provision of health services to persons with hearing disabilities.

In a unanimous judgment on Monday, the five justices of the court held that the petition had wrongly been filled before them as there was nothing in it warranting a constitutional interpretation.

The justices advised that the Constitutional Court does not handle matters concerning the violation and enforcement of human rights and that such matters ought to be brought before competent courts like the High Court.

“In my view, the present petition alleges violation of rights and is consequently for enforcement of rights. The petitioners allege that the omission by the government to ensure the availability of enough sign language interpreters at both public and private health facilities, to assist persons with hearing disabilities to communicate with medical practitioners so as to effectively address their medical issues, violates several rights of those persons under the constitution,” Justice Elizabeth Musoke, who wrote the lead decision, held.

The other justices were; Fredrick Egonda Ntende, Christopher Madrama, Monica Mugenyi, and Christopher Gashirabake.

Petition

The petitioners in this case were; Initiative For Social and Economic Rights (ISER), Uganda National Association of the Death (UNAD), and Ms Josephine Namusisi. They had argued that people with disabilities, especially those with hearing impairment, face various challenges to accessing social services, such as health care.  

“The petitioners contend that there are insufficient sign language interpreters at health facilities across the country which impedes the delivery of effective health care services to persons with hearing disabilities,” read in part the petition.

Despite the justices dismissing the petition, they made a recommendation that Persons with Disabilities are entitled to “full and effective” enjoyment of rights.  “I wish to comment that Persons with Disabilities face barriers that prevent them from enjoying their rights,” held justice Musoke

Reacting to the decision, ISER, one of the petitioners, described the same as a “major setback” for nearly 1.1 million people with hearing disabilities.

“The absence of sign language interpretation services at a health facility, violates the right of persons with hearing impairments to access healthcare and is, therefore, discriminatory,” Ms Labila Musoke, the programme officer, said.

Mr Robert Nkwangu, the executive director of UNAD, said: “The court’s pronouncement has failed the deaf community, which is marginalised.”