Justisigns: Promoting access to legal settings for deaf sign language users

Written by Robert Skinner

Click here to see a BSL version of this blog

How accessible is your local police force? Is your local police force prepared for a situation that involves a deaf person? What about the interpreting provisions? What specific training is needed to improve interpreting standards that go on to protect deaf individual’s rights when it comes to accessing the justice system?

Legislation is in place that recognises the human rights of deaf people to ensure equal access to the legal system. On 20 October 2010 the European Parliament adopted the Directive on the Rights to Interpretation and Translation in Criminal Proceedings. This means everyone charged with a criminal offence has the following minimum rights:

  • to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
  • to have the free assistance of an interpreter if he cannot understand or speak the language used in court

The principle that every European citizen is entitled to equal access to justice is well established and is enshrined in EU legislation and case law. EU Member State’s Public service providers are under an obligation to ensure equality of provision of their services across language and culture.

What does this mean for the average deaf European citizen? This means that your local Police Force is under an obligation to make reasonable adjustments to facilitate the provision of their service to deaf people. Before this can be acted upon police forces first need to know what equal access means, what steps need to be taken and how this can be delivered.

Justisigns is a 30-month project funded through the European Commission Leonardo Da Vinci Lifelong Learning Programme, and the aim of the project is to promote access to justice for deaf sign language users, with a particular focus on police settings. Jemina Napier, Graham Turner and Robert Skinner from the Languages & Intercultural Studies department at Heriot-Watt University are conducting the project in collaboration with consortium partners: Trinity College Dublin in Ireland, University of Applied Sciences of Special Needs Education in Switzerland, KU Leuven in Belgium, efsli (European Forum of Sign Language Interpreters) and EULITA (European Legal Interpreters & Translators Association).

The project is scheduled to end in May 2016. The first phase of the project involved conducting a survey of the nature of legal interpreting provision for deaf people across Europe (Napier & Haug, in preparation). In sum, it was found that although there are some established provisions for legal sign language interpreting across Europe, it is inconsistent. Furthermore, there does not seem to be a uniform approach across Europe to the training/ certification of legal interpreters, and the (lack of) availability of interpreters for legal settings is a Europe-wide issue. It is, however, difficult to identify legal sign language interpreting needs when it is not possible to identify the number of deaf sign language users in the legal system

The consortium has decided to focus on deaf people’s access to interpreters in police interviews for the next stage of the project until May 2016, as this is an under researched area. The goal of the project is to collect data through focus groups and interviews with deaf people, interpreters and police officers about their experiences. The information we gather will then be used to develop training materials and to offer workshops/ courses to these key stakeholder groups. By applying research in this way we can ensure deaf people and interpreters influence how equal access to the legal system is established.

In the 1990s, a ground-breaking study ‘Equality before the Law’ from the Deaf Studies Research Unit at Durham University was published (Brennan & Brown, 1997). In this research a range of issues were identified such as:

  • Lack of understanding and appreciation from the legal profession around what it means to be deaf and be part of a linguistic/cultural minority group.
  • Negative attitudes towards interpreters.
  • The awareness and need to use a registered/qualified interpreter who has been trained to work in court/police settings. In many cases CSW or family/friends were used to act as interpreters.
  • Lack of training opportunities to prepare trained interpreters to effectively work in Court/Police settings.
  • Treatment of deaf people as mentally disabled or “dumb”.
  • Failure from legal professionals to make adjustments that enable the interpreter to do his/her job.
  • Failure from legal representatives to video tape interviews with deaf suspects/witness/victims.
  • The need to develop internal policies that promote the use of good practice, such as booking a qualified interpreter; filming an interview
  • Few deaf people understood their own legal rights.
  • Deaf people do not always understand the reasons for their convictions – thus questioning the outcome of their “rehabilitation”.
  • Challenges with providing a faithful and accurate interpretation between English into BSL and BSL into English

While this list represents a scary reality, where deaf people are at risk of being wrongly convicted, our preliminary research has found some level of progress in the UK over the last 18 years. For example:

  • There is legislation in place that insists on equality before the law.
  • It is recommended that only qualified interpreters are used in the legal system.
  • Some interpreters have received legal training.
  • Some police forces have in place policies to guide officers when it comes to interviewing deaf suspects/witnesses/victims.
  • A few police forces in the UK have begun to develop online videos, recognising the specific linguistic and cultural needs of the deaf community.
  • Deaf professionals are now working within the legal system.

What our research so far reveals is that some forms of good practice exists. Unfortunately, we are not seeing a consistent approach to ensuring that the rights of deaf people are protected. Often good practice is achieved because individuals recognise the linguistic and cultural differences of deaf people. This tell us that what is needed is quite basic, a shared recognition and appreciation that deaf people belong to a distinct linguistic and cultural community. Once this definition has accepted the values of the legal system can begin to meet the needs of this community. The linguistic challenges interpreters experience in legal settings still persist, many of these challenges appear because of how the language is used and the vocabulary differences between English and BSL.

The Justisigns work is not complete. We are still running further focus groups and interviews. To support our research we are looking for volunteers in Scotland and England to participate. If you would like to contact us about your experience please email r.skinner@hw.ac.uk.

The evidence we collect will be used to inform the development of training materials and recommended guidelines for police forces.

A research symposium will also be held as part of the project on Saturday 7th November 2015, to discuss various methodological approaches to conducting interpreting research in legal settings. See http://ctiss.hw.ac.uk/seminars/justisigns.html or http://artisinitiative.org/events/artisheriot-watt2015/

More information about the project can be seen here: http://www.justisigns.com/JUSTISIGNS_Project/About.html with a version in BSL at http://www.justisigns.com/justisigns_sls/BSL.html

All information collected through the research will remain confidential. The project has received ethics approval from the Heriot-Watt University School of Management & Languages Ethics office.

Call for papers! Special issue on Signed Language Interpreting and Translation

Translation and Interpreting Studies

Special Issue

Signed Language Interpreting and Translation

CALL FOR PAPERS

Guest Editors

Laurie Swabey, St. Catherine University

Brenda Nicodemus, Gallaudet University

Translation and Interpreting Studies (John Benjamins) invites proposals for a special thematic issue on signed language interpretation and translation to be published in April of 2018.  The editors aim to bring together papers that address critical issues in the linguistic analysis of interpretations and translations that occur between a signed language and spoken or written language.

We welcome data driven papers on the spectrum between a microanalysis of one specific lexical item to the examination of a full interpreted or translated discourse. Papers may take a descriptive, applied, or theoretical approach to interpreting and translation of a signed language. We encourage a broad range of methodological approaches and theoretical frameworks, including qualitative, quantitative, and mixed methods.

Suggested Topics (related to interpreting and translation):

  • –       discourse in specialized settings (e.g., legal, healthcare, education, politics, media, video)
  • –       interpreting for emergent signers
  • –       lexical gaps between signed and spoken languages
  • –       discourse structure and signing space
  • –       conversation analysis
  • –       figurative language and metaphor
  • –       message accuracy between source and target
  • –       effects of modality in linguistic production/reception
  • –       metalinguistics, semantics, and pragmatics
  • –       language use in interpreter/translator education
  • –       linguistic issues in trilingual interpreting and translation
  • –       the work of deaf interpreters and translators
  • –       linguistic issues in tactile and close vision interpreting

Timeline for Authors

Abstracts (400-500) words due to guest editors December 1, 2015
Decision on abstracts February 1, 2016
Submission of full manuscripts September 1, 2016
Decisions to authors February 1, 2017
Final versions of papers due August 1, 2017
Publication of special issue Spring 2018

Contact Information

Abstracts should be sent to both guest editors. If you have any questions, please contact Laurie Swabey (laswabey@stkate.edu) and Brenda Nicodemus (brenda.nicodemus@gallaudet.edu).

 

Upcoming EdSign Lectures

Tuesday, 3rd March 2015, 6.30pm – 8.00pm

[Title to be confirmed]
Frankie McLean
Paterson’s Land LG34, Moray House, School of Education, University of Edinburgh

Tuesday, 14th April 2015, 6.30pm – 8.00pm
Toward Normative Ethics in Community Interpreting: Moral Reasoning and Moral Discourse
Robyn Dean
Paterson’s Land LG34, Moray House, School of Education, University of Edinburgh

Tuesday, 12th May 2015, 6.30pm – 8.00pm
Seeing Through New Eyes – Deafhood Pedagogies and the Unrecognised Curriculum
Paddy Ladd
Paterson’s Land LG34, Moray House, School of Education, University of Edinburgh

~ Summer Signing Social Event ~
Tuesday, 2nd June 2015, 6.30pm – 8.00pm
Details to be confirmed!

All events are free. BSL / English interpretation available at all events (unless specified differently).

Please check for updates:
Website: www. edsignlectures.com / Facebook: www.facebook.com/edsignlectures / Twitter: www.twitter.com/EdSignLectures / Email: edsignlectures@gmail.com

Who's who in BSL at Heriot-Watt University

Welcome to the 4th BSL blog on lifelinlincs

After the last three weeks where you have seen discussion of sign language-related topics, in the blog for this week we thought we would take the opportunity to do a profile of the BSL team at Heriot-Watt University – a who’s who of the ten members of the team, and to give an overview of what we do here and our research interests.

Below you will see a short profile of each staff member and PhD student in the BSL team, with links to webpages that provide further information about their work where possible. If you click on the link attached to their name, you can also watch their bio presented in sign language.

The most recently appointed member of staff is Professor Jemina Napier, Chair of Intercultural Communication. She is a signed language interpreter who grew up and worked in London before moving to Australia, where she lived for 15 years and began her career in teaching and research. She recently returned to the UK to take up her position at Heriot-Watt University, where she teaches in the BSL/English Interpreting 4-year undergraduate programme on courses including ‘Deaf People in Society’ (covering topics such as Deafhood, Deaf identity and culture) and practical interpreting and translation skills. She also teaches in the European Masters of Sign Language Interpreting (EUMASLI) programme, which is offered jointly between Heriot-Watt University, Magdeburg University in Germany and Humak University in Finland. EUMASLI has 24 deaf and hearing students from all over the world who are already seasoned interpreters, and have enrolled in the programme to explore and examine signed language interpreting at an advanced level. Jemina’s research interests focus on signed language interpreting, and deaf-hearing cross-cultural communication. She has conducted research on legal, medical and educational interpreting (for more information on her research and publications see her web research profile) and will be commencing two new key projects over the next coming year: (1) Justisigns, in collaboration with universities in Ireland, Belgium and Switzerland, to focus on legal interpreting across Europe, and (2) Examining experiences of deaf and hearing children when engaging in language brokering  (non-professional interpreting) for Deaf members of their family in comparison with young people and spoken languages. She is also keen to explore other opportunities for research on deaf-hearing relations and comparing spoken and signed language interpreting.

Rita McDade is a Teaching Fellow and the longest standing member of the BSL team at Heriot-Watt. Rita began her work in the Deaf community in 1985 as a Liaison Officer in a Deaf organization, and worked in various roles until she developed a keen interest in teaching and learning, especially in relation to languages, linguistics, translation and interpreting. Rita was one of the first people in Scotland to be involved in teaching deaf (relay) interpreters, and also to work as a deaf interpreter, and she is still very passionate about that work. Her research interests focus on intersections between language and culture and power dynamics in cross-cultural communication that influence sociolinguistic variation in how signs are produced. Although she has an interest in many issues in relation to deaf-hearing cross-cultural communication, she focuses most closely on research on teaching and learning and in particular on how students begin to learn early on in their course, which cements their future learning and development. At Heriot-Watt University Rita teaches in the undergraduate BSL/English interpreting programme, and five years ago she initiated offering BSL classes as an elective to any student who is interested in taking the course. Those courses are very popular and well attended by students from across the university, so it is Rita’s hope that both the BSL elective courses and the BSL undergraduate programme will grow and develop.

Professor Graham Turner is head of the BSL section and Chair of Translation. He has been at Heriot-Watt since 2005. At that time, the BSL work that had been initiated by others in the Department (see overview below on the History of BSL at Heriot-Watt) was still on a small scale, so his goal was to grow the area of BSL and sign language research at the university. Over the last eight years since his arrival the  BSL section has grown significantly in size, and now includes ten different members (as you will see featured in this blog post). Graham works with the team on various research projects on sign language, signed language interpreting and translation, Deaf culture and heritage, and a range of other topics. For more information about Graham’s research and publications, see his research web profile.

Gary Quinn is a Teaching Fellow and Coordinator of the BSL/English Interpreting undergraduate honours/MA programme. At Heriot-Watt he teaches BSL and sign linguistics, and in previous years was also responsible for teaching two cohorts in the Training of Trainers (TOT) course, to train deaf people as BSL teachers. He is currently conducting his PhD research on BSL grounding, examining how deaf people align with one another in signed interaction and engage in turn-taking appropriately. See his research web profile for other publications. Gary has been one of the key investigators on a research project conducted in collaboration with Rachel O’Neill and Audrey Cameron and the Scottish Sensory Centre, Moray House School of Education, University of Edinburgh in the development of science signs for deaf school children. Click here to see Gary talking about the project in BSL (with captions).

Dr Svenja Wurm is a Lecturer in BSL and Translation Studies and is coordinator of the EUMASLI programme. She grew up in Germany and has been living in the UK for 15 years after coming initially to study in the BSL/English Interpreting programme at Wolverhampton University. Rather than working professionally as a signed language interpreter, she decided to pursue her interests in translation theory and research, and enrolled in an MSc in Translation Studies at Edinburgh University. In 2005 she commenced her PhD studies at Heriot-Watt where she explored the process of signed language translation from written English into BSL. In her role as Lecturer, in addition to coordinating the EUMASLI programme, she teaches in the undergraduate programme: Translation & Interpreting Studies, Subtitling and English/BSL Translation Skills. Svenja also coordinates the EdSign Lecture Series, which is co-hosted by three universities in Edinburgh (Heriot-Watt University, Edinburgh University and Queen Margaret University) and delivers a programme of lectures on a range of Deaf and Interpreting Studies topics that are open to the Deaf community, interpreters and BSL and interpreting students. Svenja’s research interests focus on English/BSL translation and interpreting processes, and a newer area of interest is in relation to multimodality and how people communicate using different modes of speech, sign and written text. She is also interested in deaf literacy and the various ways that deaf people communicate in BSL or English. For an overview of her publications, see her research web profile.

We also have 5 PhD students who are all investigating aspects of signed language interpreting:

Robyn Dean is a third year PhD student from Rochester, New York in the USA, and has been a practicing interpreter for 25 years, specializing in medical and mental health interpreting. Her work as an interpreter educator has focused on ethical decision-making (and she developed the Demand-Control Schema with her collaborator Robert Q. Pollard). Robyn’s PhD research is also exploring ethical decision-making for interpreters, and she is being supervised by Graham Turner, Svenja Wurm and Jemina Napier.

Xiao Zhao is a second year PhD student from China and is being supervised by Graham Turner and Svenja Wurm. (She is learning BSL and has basic Chinese Sign Language skills). Her research interest is in signed language interpreting on television in China, and the different perceptions of different stakeholders (e.g., the media, deaf people and signed language interpreters in China). Xiao chose to come to Heriot-Watt is that she felt that it is one of the few places in the world where one can conduct research on signed language interpreting that is relevant to your home country. The reason she has an interest in this area of research is because signed language interpreting in China is growing exponentially and there are many discussions of the importance of this provision in China, but they do not have enough resources to train interpreters, and not enough knowledge about best practice in signed language interpreting for the Chinese context. Therefore she sees this as an opportunity to immerse herself in a new field of study in order to learn something.

Yvonne Waddell is a first year PhD student from Scotland and is being supervised by Jemina Napier and Isabelle Perez. She has been qualified as a BSL/English interpreter for 3 years, and works in a variety of community and educational settings. She sees the need for more research on signed language interpreting in order to inform and influence best practice in signed language interpreting, which is why she has chosen to come to Heriot-Watt to undertake a PhD. Her research interest is to examine how behavioural decisions made by interpreters in different situations are perceived by hearing professionals and the consequent impact on deaf participants in interaction.

Clare Canton is a deaf first year PhD student from Scotland and is being supervised by Jemina Napier and Graham Turner. Clare was the first deaf person to be registered as a qualified BSL/English interpreter in Scotland, and interprets in a range of settings, including medical, mental health, with deaf migrants, and at international conferences. With her company Beyond BSL, she has provided training and support for learners of BSL in one-to-one and group contexts, as well as mentoring, for example in relation to theatre interpreting. She also delivers interpreter training on topics such as deaf-hearing interpreter co-working strategies. As a PhD student, Clare is interested in exploring language brokering experiences of deaf and hearing people in the Deaf community who have grown up brokering for family members.

Stacey Webb is also a new first year PhD student from the USA and is being supervised by Jemina Napier and Svenja Wurm. She is an ASL/English interpreter of many years experience, and also teachers interpreters in various courses. Thus her research topic focuses on interpreter education, where she hopes to explore the training of interpreters in more depth.