Fundamental Rights Section 3.3.2 Sign language interpreter for deaf people as requirement for a fair trial (VA BD/1100-SV/06) Ms. N.N. is a social worker who turned to the Ombudsman Board with the following problem: Her client, Mr. N.N., is a disabled person who was dismissed by his employer. The employer had filed an application for approval of the planned dismissal with the Bundessozialamt (Federal Social Welfare Office), Vienna Office, pursuant to Sect. 8 Behinderteneinstellungsgesetz (Federal Act on Hiring Disabled Persons). In these proceedings the employee has party status under the relevant legislation. In the proceedings before the Commission on Persons with Disabilities, her client had been granted permission to be accompanied by a staff member/'labour trainer' of WITAF (Wiener Taubstummen–Fürsorge– Verband - a Viennese welfare association that provides help to deaf people), but had not been given adequate opportunity to present his view through the assistance of a sign language interpreter. In its statement to the Ombudsman Board, the Bundessozialamt (Federal Social Welfare Office), Vienna Office, pointed out that according to constant administrative practice the disabled has to be provided with the services of a sign language interpreter in oral hearings about his extended employment protection pursuant to Sect. 8 Behinderteneinstellungsgesetz (Federal Act on Hiring Disabled Persons). In the proceedings at issue, the invited interpreter cancelled his appointment at short notice due to illness. The oral hearing was conducted in the presence of Mr. N.N., his companion in life, his 'labour trainer' which acts as contact person in the case of problems and conflicts at work and her colleague trained in sign language. The chair of the hearing was aware of the unsatisfactory situation, decided, however, against the adjournment of the hearing – seemingly in the employee's interest – and for the immediate conduct of settlement talks. The review conducted by the Ombudsman Board was used as a reason in talks between the Bundessozialamt (Federal Social Welfare Office) and WITAF as responsible 'labour training' institution to make a clear distinction of the service at issue and labour proceedings pursuant to Sect. 8 Behinderteneinstellungsgesetz (Federal Act on Hiring Disabled Persons). In the future, it must be ensured that deaf persons will be provided with the services of a qualified sign language interpreter. In the case of cancellations at short notice, the respective hearing must be adjourned. A basic element in every fair trial is the active participation and the opportunity of persons concerned, who are not the object but subject of the proceedings, to state their case. The 'right to good administration' pursuant to Article 41 of the Charter of Fundamental Rights of the European Union therefore includes the right of every person to be heard, before any individual measure which would affect him or her adversely is taken. It would not comply 86