Communication aid regulation

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Basic data
Title: Ordinance on the use of sign language and other communication aids in administrative proceedings according to the Disability Equality Act
Short title: Communication aid regulation
Abbreviation: KHV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Section 9 (2) BGG
Legal matter: Social law , procedural law
References : 860-9-2-1
Issued on: July 17, 2002 ( BGBl. I p. 2650 )
Entry into force on: July 24, 2002
Last change by: Art. 2 Regulation of November 25, 2016
( Federal Law Gazette I p. 2659, 2661 )
Effective date of the
last change: 		December 3, 2016
(Art. 6 of November 25, 2016)
Please note the note on the applicable legal version.

The ordinance on the use of sign language and other communication aids in administrative proceedings according to the Equal Opportunities for People with Disabilities Act (Communication Aids Ordinance - KHV) is a statutory ordinance of the Federal Ministry of the Interior in agreement with the Federal Ministry of Labor and Social Affairs , the occasion and scope, manner and remuneration of the claim Provision of a sign language interpreter or other suitable communication aids according to the Disability Equality Act (BGG). The legal basis is Section 9 (2) BGG.

The ordinance applies to all natural persons who, as participants in administrative proceedings within the scope of the Administrative Procedure Act, have a right to have an interpreter available for German sign language , for signs accompanying spoken language or others because of a hearing or speech impairment to exercise their own rights for oral communication have suitable communication aids .

The federal states have issued their own comparable regulations.

background

In Germany, the official language in the administrative procedure is German ( Section 23 VwVfG). However, nobody may be disadvantaged because of their language or handicap ( Article 3 (3) of the Basic Law). The German sign language is therefore expressly recognized as an independent language, and signs accompanying spoken language as a form of communication in the German language ( Section 6 (1) and (2) BGG). Hearing impaired people such as the deaf, deaf and hard of hearing as well as speech-impaired people have the right to use German sign language or signs accompanying spoken language or other suitable communication aids ( Section 6 (3) BGG).

The ordinance aims to eliminate the disadvantage of disabled people and ensure their equal participation in life in society ( Section 1 BGG). It fulfills the legal obligation for the barrier-free assertion of rights of participation in administrative proceedings such as the right to submit applications, to be heard or to appeal.

content

Possible communication aids are sign language interpreters , as well as communication aids such as written , simultaneous writing and oral interpreters as well as communication assistants. Suitable communication methods are in particular Lormen and tactile perceptible gestures and supported communication for people with autistic disorder. Means of communication are in particular acoustic-technical aids or graphic symbol systems (§ 3 KHV).

As part of their individual needs, the authorized persons have the right to choose the communication aid to be used, which can be provided by the authority or by the authorized person himself (§§ 2, 4 KHV).

Sign language interpreters and communication assistants are compensated by the authorities in accordance with the Judicial Remuneration and Compensation Act (JVEG) (Section 5 KHV).

Regulations of the federal states

  • Baden-Württemberg: State law on equality for people with disabilities (State Disability Equality Act - L-BGG) [1] (PDF; 66 kB)
  • Bavaria: Bavarian regulation on the use of German sign language and other communication aids in administrative procedures and in communication with schools (Bavarian Communication Aids Regulation - BayKHV) [2]
  • Berlin: Law on Equal Rights for People with and without Disabilities (State Equal Rights Act - LGBG) [3] and regulation on the use of German sign language and other communication aids for communication in schools (Schulkommunikationsverordnung - SchulKommV) [4] (PDF; 37 kB)
  • Brandenburg: Ordinance on the use of sign language and other communication aids in administrative procedures according to the Brandenburg Law on Disability Equality (Brandenburg Communication Aid Ordinance - BbgKHV) [5] (PDF; 66 kB)
  • Bremen: Ordinance on the use of sign language and other communication aids in administrative proceedings according to the Bremen Equal Opportunities for People with Disabilities Act (Bremen Communication Aid Ordinance - BremKHV) [6] (PDF; 61 kB)
  • Hamburg: Ordinance on the use of sign language and other communication aids in administrative proceedings (Hamburg Communication Aid Ordinance - HmbKHVO) [7]
  • Hesse: Ordinance on the implementation of the Hessian Disability Equality Act (HessBGGAV) [8] (PDF; 86 kB)
  • Mecklenburg-Western Pomerania: Ordinance on the use of sign language and other communication aids in administrative procedures according to the State Disabled People's Equality Act (Communication Aid Ordinance Mecklenburg-Western Pomerania - KHVO MV) [9]
  • Lower Saxony: Law on Equal Opportunities for People with Disabilities (Lower Saxony Equal Opportunities for People with Disabilities Act - NBGG) [10] (PDF; 45 kB)
  • North Rhine-Westphalia: Ordinance on the use of sign language and other communication aids in administrative procedures according to the Disability Equality Act North Rhine-Westphalia (Communication Support Ordinance North Rhine-Westphalia - KHV NRW) [11]
  • Rhineland-Palatinate: State law for the equality of disabled people (LGGBehM) [12] (PDF; 87 kB) [13]
  • Saarland: Ordinance on the law on equality for people with disabilities in Saarland (Saarland Disability Equality Ordinance - SBGVO) [14] (PDF; 142 kB)
  • Saxony: Ordinance of the Saxon State Government on the use of sign language and other communication aids in administrative proceedings (Saxon Communication Aid Ordinance - SächsKhilfVO) [15] (PDF; 12 kB)
    • Saxony-Anhalt: Ordinance on the equality of people with disabilities in the public administration of the State of Saxony-Anhalt (Disability Equality Ordinance of the State of Saxony-Anhalt - BGGVO LSA) [16] (PDF; 196 kB)
  • Schleswig-Holstein: Law on Equal Opportunities for People with Disabilities in Schleswig-Holstein (Landesbehindertengleichstellungsgesetz - LBGG) [17] (PDF; 29 kB)
  • Thuringia: Ordinance for the implementation of the Thuringian law for equality and improvement of the integration of people with disabilities (ThürGIGAVO) [18] (PDF; 45 kB)

Web links