In recent years, the importance of multilingual support in legal processes has become increasingly evident across the European Union and the United Kingdom. From the European Court of Human Rights (ECHR) to local legal proceedings, the necessity of language support in human rights cases is undeniable. This article examines the need for translation services in human rights cases, presenting recent examples and insights from IMD Translations, an established provider of multilingual legal support.
The Role of Translation in Human Rights Cases
Legal translation is critical in human rights cases as it ensures access to justice for individuals who speak languages different from those of the courts. It enables individuals to understand legal processes and participate in a system that might otherwise exclude them. Accurate translation is essential in human rights cases to prevent misunderstandings that could compromise legal outcomes.
The importance of language services is evident across European jurisdictions. In the United Kingdom, the Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into national law. Article 6 of the ECHR ensures the right to a fair trial, which includes access to interpretation for those unable to understand the court’s language. UK courts have upheld this provision in multiple cases, underscoring the vital role of qualified professional linguists in ensuring fair proceedings for individuals who do not speak English.
Recent Cases Demonstrating the Need for Language Support
Recent cases in European human rights courts highlight the need for translation services. One example is the Naït-Liman v. Switzerland case heard by the ECHR. The applicant, a Tunisian national, faced challenges when attempting to bring a civil suit for alleged torture. Language barriers created obstacles, limiting his ability to participate effectively in the proceedings. The ECHR’s ruling stressed that all parties should have access to interpreters to understand court proceedings and exercise their legal rights. The decision in this case reinforces the obvious need for multilingual support to ensure fair access to justice in human rights matters.
In another instance, the Bahaddar v. The Netherlands case highlighted the impact of language barriers. The applicant, a migrant, faced deportation and struggled to present his case due to limited understanding of Dutch legal language and limited access to qualified linguists. The ECHR considered language barriers when assessing the fairness of the proceedings, highlighting the need for language services in cases involving non-native speakers. This case led to recommendations for improved language service access within the Dutch legal system, reflecting the recognition of language support as part of procedural fairness.
IMD Translation has instrumental in helping address some of these issues, offering specialised legal language services across all major languages. The firm supports cases across all legal practice areas, including: business, employment, financial and accounting, personal injury and medical negligence, criminal, family and probate, immigration, sports, media, and many more practice areas and professional fields. IMD Translation helps bridge language barriers, supporting fairness in complex legal contexts – Because in Legal Matters, Language Matters.
Standards and Requirements for Language Services in Human Rights Cases
Language services in human rights cases must follow established standards to ensure accuracy and fairness. Linguists working in these cases need both language and legal knowledge. Any inaccuracy in translation can lead to serious consequences, including wrongful detention or deportation. IMD Translation upholds these standards by prioritising accuracy, confidentiality, and adherence to the standards expected in legal contexts. As a member, and at time of writing a sitting Council Member, of the Association of Translation Companies (ATC), the leading industry association representing the interests of language service companies in the UK and internationally, IMD Translation is committed to upholding and advancing best practices in the langauge service industry.
The European Union Agency for Fundamental Rights (FRA) outlines guidelines for translation in human rights cases to support legal proceedings that involve language diversity. These guidelines call for careful attention to meaning and ensure that individuals can fully engage in legal processes without language acting as a barrier. This approach aims to safeguard access to justice by providing translation that accurately conveys the intentions of legal documents and statements.
The Chartered Institute of Linguists (CIOL), the UK’s Royal Charter body for language professionals, recognises the importance of training for translators and interpreters in human rights cases. Legal linguists benefit from continuous training on current frameworks and practices, which is essential for maintaining accuracy in court proceedings. Our General Manager, James Halstead, who holds Chartered Linguist status with CIOL as a translator in his respective language pairs, and who is actively involved with CIOL, underscores this commitment.
Practical Recommendations for Legal Professionals
The examples above highlight the value of multilingual legal support in human rights cases. Courts, legal professionals, and language services must work together to prevent language from becoming a barrier in cases involving diverse languages. The following recommendations may assist legal professionals managing human rights cases:
- Use Specialised Language Services Early: In complex human rights cases, early engagement with a professional translation provider like IMD Translation helps ensure accuracy in documents and communication from the start of the process.
- Address Cultural and Language Contexts: Human rights cases often involve culturally complex matters. Translators with a knowledge of specific linguistic contexts can assist in conveying meanings without misinterpretation.
- Encourage Continuous Training: Legal professionals should support training and accreditation for solicitors and linguists working on human rights cases, as this maintains high language quality and contributes to fairer outcomes.
- Consider Language Policy Reform: Policy reforms can help establish clearer rules around translation services in human rights cases, ensuring access to support for all individuals involved in legal proceedings.
Conclusion
Human rights cases vividly illustrate the impact of language on access to justice. The need for multilingual legal support is significant, as language barriers can prevent individuals from fully understanding or participating in legal proceedings. Through providing specialised language services, IMD Translation helps ensure that language differences do not restrict access to justice. Linguists in human rights cases meet essential standards, providing crucial support those in need of assistance in complex legal contexts.
As recent cases indicate, translation plays an essential role in human rights matters. Legal professionals and policymakers should recognise the importance of language support and consider measures to ensure translation services are accessible and reliable in all legal contexts. Effective multilingual support in human rights cases is necessary for fairness and inclusivity in a diverse legal system.