The Ombudsperson, pursuant to his constitutional and legal functions, on 27 September 2019, in the ex officio open case no. 744/2019, issued its Opinion on providing access to information for the category of persons with hearing disabilities in the context of television debates on the 2019 national elections.

The Ombudsperson has been attentively following the latest developments in the pre-election activities by the candidates for future MPs of the Assembly of the Republic of Kosovo for this year’s extraordinary elections. Therefore, from the information and monitoring of the TV debates, which refer to candidates for MPs of the Assembly of the Republic of Kosovo, at least so far, it has not been noted that certified interpreters for Sign Language, as the mother tongue of people with impaired hearing, have been engaged, in order for this category, which uses this language, to be informed about political programs, so as to evaluate the best political offer for voting these candidates. The lack of provision of the opportunity to understand these debates for this category of persons with disabilities is considered as discrimination on the basis of disability. This finding of the Ombudsperson has the legal basis also in Law no. 05/L-021 on Protection from Discrimination, which is in force and which also prohibits discrimination, as in the present case.

Pursuant to assessments and facts collected, legal framework in force and the powers deriving from Law no. 05/L-021 on Protection from Discrimination, through this Opinion, the Ombudsperson presents the following instructions, aiming to promote equality, adapting to diversity and preventing discrimination on the basis of hearing disability:

• The Ombudsperson considers that, inter alia, television media intend to provide accurate and complete information to the general public. Consequently, in order to achieve this goal, equally and without discrimination towards to any social group, concretely, on the basis of disability, it is more than necessary to provide the category of persons with hearing disabilities with the opportunity to constantly be informed during the debates within the electoral campaign, in order to exercise their right to vote based on their independent judgment.
• The Ombudsperson considers that all televisions channels, which during the pre-election activities hold debates with candidates as people’s representatives (candidates for Prime Minister and MP), should engage certified Sign Language interpreters, in order for citizens with hearing disabilities to have the opportunity to be informed and evaluate their potential representatives in the future legislature of the Assembly of the Republic of Kosovo.
• The Independent Media Commission, based on its mandate and legal powers, shall undertake measures that affect and encourage audio-visual service providers at adapting to diversity and combating discrimination, ensuring that their services gradually become completely accessible for different groups of persons with disabilities.