Equal treatment of people with hearing impairments in relation to their access to education at faculties of education of public universities

The Czech Ombudsman was approached by some of the applicants for study programmes in education with hearing impairments who faced certain obstacles during the application process for the respective studies. Therefore, the Ombudswoman decided to approach eight public faculties of education with several enquiries. After the evaluation of the answers from the perspective of legal regulations concerning equal treatment, the Ombudswoman came to the following conclusions:

Accessibility of study programmes to students with hearing impairments in the Czech Republic differs at the individual faculties of education.

From the perspective of direct discrimination, the Ombudswoman concluded that a general exclusion of people with hearing impairments from the programmes Teaching at Kindergartens and Teaching at Lower Primary Schools constitutes direct discrimination. Even though the measure pursues a legitimate objective in emphasising mainstream education, it is neither proportionate nor necessary. Education in the programmes Teaching at Kindergartens and Teaching at Lower Primary Schools can also be used at schools specialised in education of children with hearing impairments. However, making the study programmes Music Education and Choral Conducting inaccessible to people with hearing impairments does not constitute direct discrimination. This is a proportionate and necessary measure to achieve the pursued aim, i.e. that graduates of these programmes acquire the skills required. Good hearing is a basic prerequisite for studying these programmes.

The matter has been assessed also from the perspective of indirect discrimination – whether the general rules applicable for every applicant de facto affect more significantly those applicants with hearing impairments. During the research made by the Ombudswoman, it was found that when applying for certain study programmes offered by the faculties (Teaching at Kindergartens and Teaching at Lower Primary Schools, Speech Therapy, and Teaching the General Subject of the Czech Language), the applicant must submit a certificate from a speech therapist proving the absence of a speech disorder (together with a certificate from phoniatric examination if applicable). The requirement to submit the certificate of absence of a speech disorder or certificate from a phoniatric examination (hereinafter also referred to as the “certificates”) affects applicants with hearing impairments more significantly than others. Most people with hearing impairments suffer from a speech disorder, since they do not have auditory control over their speech, or they have a lower degree of such control.

The Ombudswoman came to conclusion that the requirement of submitting the certificates for study programmes specialised in teaching at kindergartens or at lower primary schools itself follows a legitimate aim as teachers of young children and pupils of young age should be good role models in respect of speaking skills. However, strict adherence to this requirement without any possibility of granting an exemption to applicants with hearing impairments is neither proportionate nor necessary to achieve the intended aim. Therefore, it constitutes indirect discrimination on grounds of hearing impairment. The same conclusion was reached in case of the requirement that applicants for study programmes of Teaching the General Subject of the Czech Language submit the certificates without any possibility of individual exemptions for people with hearing impairments.

On the other hand, it is legitimate to require the certificates for study programmes focusing on speech therapy as the proper pronunciation is vital for such studies. To require the certificates in such cases is both proportionate and necessary and therefore does not constitute discrimination.

The individual faculties received specific recommendations from the Ombudswoman based on the above mentioned findings. The faculties subsequently promised to take remedial steps by incorporating my findings and recommendations to their admission procedures. The organisations associating people with hearing impairments were subsequently reached out with a request to inform the Ombudswoman whether the promised changes have been implemented in practice.

The summary of the findings are available online here