The chancellor of justice was contacted with the concern that disabled people aren't welcome to perform at the 2025 Song and Dance Festival.

According to the appeal Madise received, a choir director had gotten in touch with the Estonian Song and Dance Festival Foundation to inquire about auditioning opportunities for a choir consisting of disabled people.

The artistic director of the Song Festival, Heli Jürgenson, had responded that unfortunately, it would not be possible for such a choir to take part in the Song Festival, adding that alternative outlets for such ensembles must exist.

According to the chancellor of justice, however, under Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the state must do everything possible to enable disabled people "to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society."

"This principle of the convention aligns well with the foundation's own goals," Madise wrote in a letter addressed to Estonian Song and Dance Festival Foundation director Margus Toomla.

"The Song Festival is meant to unite people, and excluding an ensemble from even the audition stage due to the [support] needs of its members does not align with either Estonia's international commitments or the state's own goals," she noted.

The justice chancellor reminded the foundation that the Culture Development Plan 2021-2030 drawn up by the Ministry of Culture states that every resident of Estonia must have the opportunity to participate in cultural activities and creative fields that suit their interests, both as an enthusiast and as a creator.

"Access to culture must be ensured regardless of [support] needs," she emphasized. "Ensembles of disabled people should have the opportunity to perform at the Song and Dance Festival just like any other choirs, orchestras or dance groups."

She also pointed out that the introduction to the upcoming XXVIII Song and XXI Dance Festival "Kinship" ("Iseoma") states that the organizers of next year's festival were inspired by people and their humanity.

"This time, the festival reflects the idea that while the dialect-speaking rural people who attended the Song Festival once grew to become the literary language-speaking Estonian people, bound together by love for their language and homeland, now the literary language will once again be sung at the Song Festival as dialects," Madise said.

"Estonian is the official state language of Estonia," she continued. "Estonian Sign Language (ESL) is an independent language, and signed Estonian is a form of Estonian."

According to the justice chancellor, a sign language choir that also wants to perform at the upcoming Song Festival, would perform its songs in ESL.

"The choir itself has translated the mixed choir repertoire into ESL," she highlighted.

"The theme of the upcoming festival is a return to dialects," Madise noted. "The participation of a sign language choir at the [all-ages] Song Festival would further emphasize the richness of the Estonian language, and would contribute to the [foundation's] goal of creatively developing the Song Festival tradition."

In her letter, the chancellor of justice asked the Estonian Song and Dance Festival Foundation to explain how the exclusion of a sign language choir or any other ensemble differing from typical choirs, orchestras or dance groups from the festival aligns with Estonia's international obligations, the foundation's goals and the conceptual vision of the Song and Dance Festival "Kinship."

Speaking to ERR, foundation director Margus Toomla said that he's had the chance to review the justice chancellor's letter, which arrived Thursday, but not yet to discuss it within the foundation.

"This requires discussion with various parties and a review of the details," he said, referring to the content of the letter.

According to Toomla, it's likewise yet unclear who will be invited to participate in the working group.

EPIKoda: Disabled people shouldn't have to sing and dance separately

Maarja Krais-Leosk, chief director of the Estonian Chamber of Disabled People (EPIKoda), told ERR that she's aware of the current positions of the Estonian Song and Dance Festival Foundation, and has also discussed the matter herself with both representatives of the justice chancellor as well as choir director Edmar Tuul.

"We're shocked and distressed that in 2024, we are still continuing to face the view that disabled people should sing and dance separately and on their own, and that [people] see no place for them at the Song and Dance Festival," Krais-Leosk said.

According to EPIKoda, the issue goes beyond simply perceiving obstacles to deaf and hard of hearing people's participation in the festival.

"Have blind and low vision people, people with mobility challenges, those using assistive devices or people with intellectual or psychological disabilities been welcomed under the Song Festival arch?" the chief director asked.

"It may indeed be necessary to select participants [in the festivals], but this should never – not even at the conceptual level – mean disability-based exclusion and the suggestion [for disabled people and ensembles] to find another time, place and event for their own self-expression," she remarked.

Krais-Leosk said that accessible solutions are needed to ensure that disabled people can participate in society and cultural life. This includes various forms of translation or interpretation as well as barrier-free, supportive and safe physical environments – but also the awareness of their fellow citizens.

"We've heard comments that accessibility is ugly, spoils the view, means extra work and requires additional resources," she noted.

"Of course, extra screens and additional cameras can cost money, interpreters don't work for free, and making adjustments takes extra time," she continued. "But these are no reason to give anyone the right or opportunity to decide that, for example, deaf and blind people aren't welcome at events – especially events so important to the public."

The EPIKoda director expressed hope that singing under the Song Festival Arch is truly, wholeheartedly and honestly the shared celebration of all the people of Estonia.

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