Human Rights and Interpreting

Gabrielle Doherty, NICEMConnect NICEM

What are Human Rights?

•Human rights' are the basic rights and freedoms that belong to every person in the world.

•Based on core principles like dignity, equality and respect

•How do human rights help you?

•They help you to flourish and fulfil your potential

Human Rights and Vulnerable groups

• Minorities

• Language barrier

• Access to justice and due process

• Access to entitlements

• Equal treatment

• Safety

International context

The Universal Declaration of Human Rights

International community vowed never to allow the atrocities of WWII to be repeated

Designed to complement the UN Charter and to guarantee the rights of individuals everywhere always

Process began in 1946, through ’47 and finally adopted by the General Assembly on 10/12/48

Represents a contract between governments and their peoples and are grounded in international treaties and national constitutions and laws

60th Anniversary in 2008

Examples of rights

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without discrimination of any kind, such as

race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other

status.....

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of

the law. All are entitled to equal protection against discrimination in violation of this Declaration and against any

incitement of such discrimination

Article 8Everyone has the right to an effective remedy by the

competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the

tribunal, in the determination of his rights and obligations and of any criminal charge against him

European context

European Convention on Human Rights

Article 2: Right to LifeArticle 3: Freedom from torture or inhuman or degrading

treatment;Article 4: Freedom from slavery or forced labour; Article 5: Personal freedom and liberty;Article 6: Right to a fair trial;Article 7: No punishment without law; Article 8: Right to respect for private and family life;Article 9: Freedom of thought, conscience and religion;Article 10: Freedom of expression;Article 11: Freedom of assembly and expression;Article 12: Right to marry

What does this have to do with Interpreting & Translation?

•ECHR

•Article 2: Right to Life (limited exceptions)

In peace time a public authority may not cause someone’s death intentionally or unintentionally (three exceptions)

The government must take positive steps to protect life in all kinds of situations: hospitals, death threats, expulsion from the UK and the right the die

•ECHR

•Article 5: Personal freedom and liberty

You have right not to be deprived of your liberty even for a short period

This right is a limited right and it does not apply where the detention is lawful

•ECHR

•Article 6: Right to a fair trial

• You have the right to a fair trial in a democratic society and includes the right to a fair hearing, the right to a public hearing, the right to a hearing before an independent and impartial tribunal and the right to a hearing within a reasonable time

• Includes the right to be informed promptly of the details of the accusations again you in a language you understand.

•The right to an interpreter free of charge where you cannot understand the language

Directive of the EU Parliament and of the Council on the right to interpretation and translation in criminal proceedings

• EU Citizens freedom of movement for travel, study, and work

• Fair Trail enshrined in International and EU law

• Directive aims to set a common minimum standard across member states

• Basic principle is that interpretation should be provided during the investigative and judicial phases of the proceedings

• Legal basis – Article 82(2) of the Treaty on the Functioning of the European Union says Parliament and Council can establish minimum rules for cross border operations to protect the rights of individuals.

What else to ensure fair trial for non-nationals?

Set of measures in procedural rights Roadmap, adopted by Council November 2009. A series of proposals on a ‘step by step’ basis.

• Measure A – Right to interpretation and translation (Directive)

• Measure B – Information on rights and information about the charges

• Measure C – Legal advice, before trial and at trial and legal aid

• Measure D – right for a detained person to communicate with family members, employers and consular authorities and

• Measure E – protection for vulnerable suspects.

Reflection forum on interpreting and recommendations

• Professional profile of the legal interpreter

•Training

•Professional code of conduct and guidelines to good practice

•Working arrangements with the legal services and legal professionals

•Implementing and efficient structure of legal interpreting.

Local NI context Race Equality policies

Race Relations (NI) Order 1997

•The Race Relations (NI) Order 1997 (a) (RRO)

• The RRO makes racial discrimination unlawful in the following areas:

• employment;

• goods, facilities and services;

• education;

• housing management and disposal of premises

Section 75 Equality Duty

•Section 75 and Schedule 9 to the Northern Ireland Act 1998 came into force on the 01 January 2000 a –

•between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation;

•between men and women generally;

•between persons with a disability and persons without; and

•between persons with dependants and persons without.

Breaches of ethics and implications for Human Rights protection

Bahrain, High Court 2009

• A women accused of drug dealing could not be prosecuted because of a botched police operation which involved failure to appoint an independent Arabic interpreter and used an Arabic speaking police officer.

Perugia, Italy 2008-2009 - Meredith Kercher Murder

• The interpreter who assisted during the interrogation said she tried to establish trust with Knox, by telling Knox that she once broke her leg and couldn’t remember anything about it afterward. Knox suggested that the interpreter’s ‘Traumatization’ was used to pressurise her. Interpreter suggested under cross examination that she was a ‘mediator’ rather than translator of words.

Breaches of ethics and implications for Human Rights protection

Ireland May 2008 - Galway District court

Judge notices the interpreter fails to interpret the breath sample reading for the accused, calls attention to the error and fails to certify payment for the interpreter and lodges formal complaint against the company.

Northern Ireland - 2009

• Interpreter fails to make staff of a criminal justice agency aware of previous personal relationship with the client. He had previously been in a fight with the client and broken their nose.

• Interpreter behaves in an inappropriately jovial manner during a consultation between a psychologist and a convicted offender.