Home Institution
The College of Wooster
Publication Date
Spring 2024
Abstract
Across the world there is an increasing human rights issue regarding the improper treatment of immigrants in the justice system. Fundamental human rights are protected by Spanish and European Union law, which includes the right to interpretative representation. Adequate interpretation and translation are recognized by many individuals in academia and law as crucial for adequate communication. The right to interpretative representation is essential to address the cross-linguistic and cross-cultural needs of migrants when entering a state that does not standardize their native tongue institutionally. When inadequacies appear with interpretation throughout the justice system, improper communication often occurs, causing issues for procedural justice and due process. Adequate interpretative representation is essential for proper procedural justice, which is a fundamental human right protected by the Spanish Constitution of 1978. Translators are bound by a code of ethics, but when inadequacies occur, obstructions of justice arise often through misunderstandings of important information. In recent years Spain has experienced a rise of migrants trying to enter Europe through the southern border at Andalusia, Melilla, Ceuta, and the Canary Islands. Many of these migrants arrive from Sub-Saharan African states, where various languages and dialects exist, enhancing the importance of interpretative representation for migrants in the Spanish justice system. This increased need for professional interpreters is difficult to meet, which has led to various human rights violations due to lack of quantity of interpreters, issues at the border due to language barriers or anti-migrant sentiment, or other barriers regarding interpretative quality. The experience of migrants in Spain is key to the understanding of human rights issues throughout the EU, and interpretative representation is one of the most important.
Disciplines
European Law | Immigration Law | International Humanitarian Law | International Relations | Migration Studies | Social Policy
Recommended Citation
Libby, Danielle E., "Interpretative Representation and Justice: The Effects of Inadequate Translation on the Human Rights of Migrants in the Justice System In Spain" (2024). Independent Study Project (ISP) Collection. 3838.
https://digitalcollections.sit.edu/isp_collection/3838
Included in
European Law Commons, Immigration Law Commons, International Humanitarian Law Commons, International Relations Commons, Migration Studies Commons, Social Policy Commons
Program Name
Spain and Ireland: Geopolitics and the Future of the European Union