sign language interpreting in legal settings: a european overview

BDU conference - 28 September 2012

www.efsli.org

Sign language interpreting in legal settings:

a European overview

Marinella Salami, efsli president

European Forum of Sign Language

Interpreters

2012 TRAFUT workshop - Antwerp


www.efsli.org

Sign language users & interpreters in Europe

�10.000 sign language

interpreters

�750.000 sign language users



www.efsli.org

Rights of sign language users

National Laws & Acts

UNCRPD (2007)

Charter of Fundamental Rights (2010)



www.efsli.org

efsli – legal settings

Member of EULITA

TRAFUT project



www.efsli.org

SURVEY



www.efsli.org

Survey – our data

Total 94 respondents

Individual SL interpreters

(67%)

National Associations (16%)

Training Programmes (10%)

Agencies (3%)

Other (5%)



www.efsli.org

Survey – respondents

Mostly from: UK, Norway & Netherlands

But also: Austria, Albania, Belgium,

Croatia, Cyprus, Czech Republic,

Denmark, Estonia, Finland, France,

Germany, Greece, Hungary, Ireland,

Italy, Latvia, Malta, Poland, Romania,

Serbia, Slovenia, Spain, Sweden and

Switzerland.2012 TRAFUT workshop - Antwerp


www.efsli.org

Experience in legal settings



www.efsli.org

Survey – our questions

European Directive 2010/64/EU

Article 2 – Right to interpretationArticle 3 – Right to translation of essential

documentsArticle 4 – Costs of interpretation & translationArticle 5 – Quality of interpretation & translationArticle 6 – TrainingArticle 7 – Record-keeping



www.efsli.org

RIGHTS



www.efsli.org

The European Directive 2010/64

What do SL interpreters know about the Directive?



www.efsli.org

Have you heard about the European Directive 2010/64 on the right to interpretation and translation in criminal proceedings?



www.efsli.org

Right to sign language interpretation State of the art



www.efsli.org

Right to sign language interpretation State of the art “They say it is but in reality the legal

settings rarely provide it”. “It's provided by law but not always used

that way”. “The right is provided but not applied in

reality”. “There is no Law providing sign language

interpreting, but sign language interpreters do attend court sessions if needed”.



www.efsli.org

Right to sign language interpretation State of the art “I don't think by law but in 90% they use a SL

interpreter. Because SL was recognised in Flanders in 2005”.

“I don't know if it is provided by law, but in criminal proceedings court/ police etc always try to arrange an interpreter”.

“Not in criminal proceedings, Some judges and lawyers know that there are SL interpreters and try to find someone available”



www.efsli.org

Right to sign language interpretation



www.efsli.org

Right to sign language interpretation?

“Some say they have a right to have an interpreter, some say they don't. Even if they [Deaf people] get the permission to use one, there is no way of knowing how to get an interpreter on the setting. The procedure is always unclear, always different and includes a whole lot of phone calls to figure out...”



www.efsli.org

Translation of documents

Sight translation provided on request

Deaf translators are contracted to provide translations of documents

It depends on deaf people’s reading abilities



www.efsli.org

Is the sign language interpretation of questioning and hearings by an investigative or judicial authority video recorded?



www.efsli.org

NEW TECHNOLOGIES



www.efsli.org

13%

87%

Do you use new technologies in legal settings?

Yes

No



www.efsli.org

Technologies – benefits

Better access to interpreters

Efficient use of time (less traveling, service

to more in less time)

Interpreters can work from anywhere

Low cost solution

Opportunity (through video recordings) to

verify



www.efsli.org

Technologies – challenges

2D instead of 3D interpreting No direct contact – crucial in sign language

(limited signing space, not all parties visible) Few interpreters who have the skills (training

needed) Awareness & knowledge on the use of

technologies (interpreters & other professionals in legal setting)

Availability of technology, fast connection, good sound, etc



www.efsli.org

Technologies – future

Do not know – hard to predict Remotely Emergency legal situations (if live is

impossible) Only specific situations, such as

consultations (not in the courts) Matching cultures, languages, expertise and

other requirements



www.efsli.org

PROFESSIONAL ISSUES



www.efsli.org

No national registration body for

SLI in legal settings, but ..

Interpreting agencies

Deaf associations

Individual interpreters are recruited

directly

List of sworn interpreters/qualified

interpreters

Relatives of Deaf people are contacted2012 TRAFUT workshop - Antwerp


www.efsli.org

Costs of SL interpretation

Depending on the procedure itself:

GovernmentPoliceCourt



www.efsli.org

Rates per hour

They vary greatly per country

Lower than in other interpreting settings

Reimbursement - Expenses? Travelling time?



www.efsli.org

Costs of SL interpretation

“Due to cutbacks, there have been proposals to significantly reduce payment for interpreters in legal settings, which is leading to a 'race to the bottom' in terms of price. This will impact on the quality of interpretation offered - who is willing to study for 4 years to work for €12 per hour and no costs for travel? Commitment to quality seems to be dependent on economic matters rather than a commitment to equality before the law in any meaningful way”.



www.efsli.org

How is quality of sign language interpretation in legal settings

ensured in your country?

National Registers

National Association of Interpreters

Some training & ad-hoc workshops provided by experienced legal interpreters

Some courts are allowed to decide who they want to be the interpreter in their proceedings. It is then possible to make use of an "interpreter" without any qualification or certification.

No quality assessment



www.efsli.org

CONCLUSIONS



www.efsli.org

Conclusions - I

Sign language interpreting is a young

profession

More trained interpreters are needed to

comply with the EU Directive

More awareness needed > TRAFUT

small step

Proper remuneration needed



www.efsli.org

Conclusions - II Remote interpreting:

More attention for special requirements when working with SLI

Limitations: not a solution in all legal

settings

Research:

Educational needs of SLI in legal

settings

Qualified and trained SLI: protect

human rights of sign language users2012 TRAFUT workshop - Antwerp


www.efsli.org

Marinella Salami:

[email protected]

www.efsli.org


sign language interpreting in legal settings: a european overview

Documents