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The argument for a constitutional right to communication and language
1National Deaf Education Project, 300 Drake's Landing, Suite 172, Greenbrae, CA 94904. ndep@worldnet.att.net
Journal of Deaf Studies and Deaf Education
|September 29, 2004
Summary
A constitutional right to communication is essential for deaf and hard-of-hearing children. Ensuring full communication development and access is crucial for their educational, social, and cognitive well-being.
Area of Science:
- Law and Society
- Linguistics
- Deaf Studies
Background:
- Communication and language are fundamental to human development and participation in society.
- Deaf and hard-of-hearing children historically face significant challenges in communication and language acquisition.
- These challenges have profound educational, social, cognitive, and psychological consequences.
Purpose of the Study:
- To argue for the necessity and legal soundness of a constitutional right to communication for deaf and hard-of-hearing children.
- To advocate for extending fundamental rights to include full communication development and access for this population.
- To establish communication and language rights as being of equal or greater value than existing constitutional rights like speech.
Main Methods:
- Legal and ethical argumentation.
- Analysis of existing constitutional rights and their application.
- Examination of the consequences of communication and language deprivation.
Main Results:
- The study contends that a constitutional right to communication is both necessary and legally defensible.
- Extending rights such as equal protection to communication access is proposed.
- The value of communication and language rights is highlighted in comparison to the right to speech.
Conclusions:
- A constitutional right to communication is vital for deaf and hard-of-hearing children's development and societal participation.
- Legal frameworks must evolve to guarantee full communication access for all individuals, especially vulnerable populations.
- Recognizing communication as a fundamental right is essential for achieving true equality and justice.