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Professional accreditation standards for interpreters should be amended to incorporate minimum requirements relating to understanding the nature and dynamics of family violence. This will require a national effort State of Victoria In so far as training of interpreters to work in gender violence settings is con- cerned, the options are scarce worldwide.

On most occasions, interpreters are thrown into the deep end without special training to work in the different social services, health, police and court settings. Besides the aforementioned objectives, the project also intended to inform and raise awareness among all service providers medical doctors, nurses and other health professionals, psychologists, lawyers, community workers, police, the ju- diciary, violence against women helplines, victim support organisations, social workers, etc.

The project further- more stressed the need for such interpreters to be specifically trained for that purpose. These materials included a manual and a web portal for interpreters and trainers of interpreters, a multilingual video and information for victims, and a best practices guide for professional agents who work with interpreters lawyers, psychologists, public prosecutors, judges, forensic doctors, social workers, police, etc.

Research carried out by SOS-VICS As explained earlier, gender violence has provoked an institutional response which has materialised in the form of concrete laws and the creation of specialised units with dedicated staff to deal with the problem. In order to carry out the 10 www. A two-day workshop was held at the beginning of the project to bring together professionals from the judiciary, police, health services, social workers, psychol- ogists and interpreters.

Only those with experience in assisting foreign female gender violence victims were invited to participate. This workshop obtained first- hand information on how assistance is provided to foreign victims and the com- munication problems faced. The next step involved a survey sent to social services, health, police and court professionals with experience in assisting foreign female gender violence victims. The first stage of the Delphi method involved defining the study objective and the group of experts to be interviewed, after which each participant was asked separately based on their experience in the field to opine on the three issues that comprised the study objective: a list of the most appropriate contents, obstacles and strategies.

The opinion of 27 interpreters with experience in as- sisting foreign female gender violence victims was obtained Del Pozo et al. Finally, semi-structured in-depth interviews with 12 victims and 12 agents were also carried out The main conclusions of the research carried out by the project can be summarised as follows: a In Spain, foreign female victims are not guaranteed their right to understand and be understood during the entire assistance process.

They can only exer- cise this right in judicial and police settings. Nonetheless, even in these set- tings the situation is far from ideal. The consequences of these findings are quite serious both for service providers who cannot perform their job well and for the victims whose rights continue to be violated. Victims therefore tend to mistrust the institutions and feel increas- ingly isolated and unprotected. It feels as if I were on an island and I needed to go to the other distant one, which was better but far away….

I have no tools to send my message to those who can help me. I need someone who can make me believe I can reach the other end! Even when there are other voices that tell me I must stay. That person interpreter needs to know, needs to be prepared, trained. It is important to choose the right person, somebody select, prepared, available and with a gift… 12 Interviews with victims are very difficult to obtain given the trauma involved in reliving their experience.

Conclusions Violence against women has been defined in international legislation as a form of gender-based discrimination and a violation of human rights that currently affects many women all over the world. The original interview was carried out in Spanish. For confidential- ity reasons, testimonies have not been published and are used only for research purposes. Therefore, governments need to take special measures to address their needs. Moreover, interpreters must be qualified to do their job and also have specific training to work in such contexts, just like any other service provider from courts, hospitals, social services or police settings involved in assisting gender violence victims and survivors.

Unprofessional behaviours by interpreters can cause seri- ous damage to victims and lead to waste of valuable public resources Del Pozo et al. In some countries, such as Spain, legislation only guarantees the right of victims to translation and interpreting in legal settings police and courts , but not in social and medical settings. Moreover, it is not mandatory for interpreters to have quali- fications and specialisation to work in gender violence contexts and, worse still, specific training is not even available in most countries.

The SOS-VICS project created resources for all parties involved in the assistance process: service providers, victims and interpreters. The resources created by the project are at present being widely used both in Spain and abroad, but they are only a step in the right direction. Social and public awareness and commitment through institutional and financial backing is now required to make laws effective and to provide victims with assistance of the highest quality throughout the process. Amsterdam — Philadelphia: Benjamins. In: Trans 19 1 , 77— Valencia: Tirant lo Blanch.

Views adopted by the Committee at its fifty- second session, 9—27 July Views adopted by the Committee at its fifty seventh session, 10—28 February Dordrecht: Springer. Granada: Comares. Porto: Faculdade de Letras da Universidade do Porto. Servicio de Publicaciones de la Universidad de Vigo. Servicio de Publica- ciones de la Universidad de Vigo. Dublin: Dublin Rape Crisis Centre.

Giambruno, Cynthia [Ed. Alicante: Universidad de Ali- cante. Glasgow Violence Against Women Partnership : Good practice guidance on interpreting for women who have experienced gender based violence. Queensland Sexual Assault Services : The right to choose. Enhancing best practice in responding to sexual assault in Queensland. Australia Policy Online. Standing Together against Domestic Violence : Good practice checklist for interpreters working with domestic violence situations.

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PDF [ Despite the high status granted to Irish, it is only the third most spoken language in the State. There is a significant difference between the pre-eminent status granted to Irish in the Constitution and the rights of Irish speakers in practice, including their right to speak and use Irish in the court system. For many years Irish speakers were forced to bring cases against public bodies in order to have their rights vindicated. A substantial jurisprudence on the use of the Irish language in the courts has developed over time as Irish speakers carved out a number of rights based on Article 8 of the Constitution.

The situation improved somewhat with the adoption of the Official Languages Act This paper analyses the constitutional and legislative protection of the Irish language and how the right to an interpreter is protected in the context of the Irish language. It also examines the educational context of the Irish language and suggests some measures to improve legal and interpreter training in the language.

Keywords: Irish language, courtroom interpreting, bilingual juries 1. One of the aspects of Irish society particularly affected has been that of language, with the native Irish language being displaced by the language of the coloniser. The role of the Irish language in the legal system of Ireland was marginalised with the arrival of English Common Law in the twelfth century, while the use of any language aside from English in the legal system itself was prohibited by statute in the form of the Administration of Justice Language Act, However, records exist of court interpreters for Irish speakers being used in the country during the 19th century under the colonial system Brady Despite the status granted to Irish, however, it is only the third most spoken language in the State, with English being the most spoken language, and Polish the second.

According to the most recent census report April 1,, people stated that they were able to speak Irish CSO. Native speakers of Irish generally live in what are known as Gaeltacht areas. In the census, the population of the Gaeltacht areas aged three years and over was 79,, of whom 56, were listed as Irish-speaking.

In the census, the population of the Gaeltacht aged three years and over had increased to 96,, of whom 66, were listed as Irish-speaking. This is out of a national population of 4. English, therefore, is the lingua franca of the vast majority of the population of Ireland, and Irish people living in Irish- speaking areas are also highly proficient in that language. There is a significant difference between the pre-eminent status granted to Irish in the Constitution and the rights of Irish speakers in practice, including their right to use Irish in the court system. For many years Irish speakers were forced to bring cases against public bodies in order to have their rights vindicated, including their rights in the field of interpreting.

Because of this, a substantial jurisprudence on the use of the Irish language in the courts has developed over time, as Irish speakers carved out a number of rights based on its constitutional position. The situation improved somewhat with the adoption of the Official Languages Act , which places the right to an interpreter for Irish speakers on a statutory footing.


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It then analyses the constitutional and legislative protection of Irish in Ireland and the right to an interpreter in the court system. It also discusses whether an Irish speaker has the right not to use an interpreter, and if there is a duty to empanel an Irish-speaking jury and appoint an Irish-speaking judge where parties wish to conduct their case in the first official language of the state.

Finally it details the educational implications of providing Irish-speaking juries and of training Irish-speaking judges. Historical context Irish is a Celtic language and has been spoken in Ireland for over two thousand years. It is closely related to Scots Gaelic and to the Manx language, and more distantly to the other Celtic languages Breton, Welsh and Cornish, and it boasts one of the oldest written vernacular literatures in Europe Cronin In the area of law, the laws governing Medieval Ireland — the Brehon Laws — had their roots in the oral tradition, but many were recorded in manuscript form during the Medieval Period Kelly Irish remained the language of the majority of the people of Ireland until the be- ginning of the 17th century.

As a result of colonisation and plantations, however, by the end of the 18th century, Irish was largely the language of the poor and dispossessed. The decline of the language was most acute and swift in the first three quarters of the nineteenth century. A number of factors contributed to this decline: saw the establishment of the National Schools System primary level , which adversely affected the Irish language, since the teaching of Irish was not permitted in these schools Akenson ; the Great Famine of — saw over a million Irish people — mostly Irish speakers — die of hunger, while a further million emigrated to North America, Britain or Australia Akenson ; the great political leaders of the century used the English language as a means to espouse political and religious ideals, and English was recognised and acknowl- edged as the language of power and prestige in the country Cronin Chapter 2.

He noted: The Gaelic League stands for the intellectual independence of Ireland … This is no mere academic movement, no mere literary cult. They gripped the fact that the lan- guage of this country enshrines the mind and soul of this country. This was the first step. They then grasped that other primary fact, that a language is a living idiom on the lips of living men and women.

From that moment forth the programme of the Gaelic League was shaped: it was to conserve the living Irish as the living medium for expressing the thoughts of this land … On the life or death of the language depends the life or death of the nation. That is the issue at stake. An Claidheamh Soluis, 14 March Following independence the Constitution of the Irish Free State declared Irish to be the national language of the country, as does the Constitution of Ireland mentioned above, and discussed in more detail below.

While there was residual enthusiasm from the Revival Period for the Irish lan- guage in the new state, the cases discussed in the following section illustrate that this enthusiasm did not translate into concrete rights for speakers of Irish in the court system. In August a group of men entered the house of John Joyce in Maamtrasna, situated in a Gaeltacht area in the west of Ireland, and murdered him, as well as his wife, his mother-in-law, and his daughter.

Both of his sons were also attacked, one of whom subsequently died. A number of days later three men claimed to have seen the perpetrators and as a result, ten men were arrested and tried, including Maolra Seoighe. The evidence he had presented in Irish was summarised and very poorly translated into English for the benefit of the court but this in no way adequately represented what Maolra Seoighe had said.

Controversially, the court-appointed interpreter in this case was a member of the Royal Irish Constabulary, the armed police force of the United Kingdom in Ireland. It took no longer than six minutes for the jury to declare him guilty of murder. Eight people in all were convicted of the murder, three of whom were hanged, including Maolra Seoighe. The two others who were hanged along with Seoighe had given written statements professing their guilt but affirming that Seoighe was not guilty.

This evidence was not allowed to be presented to the court. The famous Irish writer, James Joyce, wrote about the case: Neither the old man nor the others accused knew English. The court had to resort to the services of an interpreter. The questioning, conducted through the interpreter, was at times comic and at times tragic. This case illus- trates that the right to adequate interpreting can, in extreme instances, be a matter of life or death.

The Constitution takes precedence over all other laws in the state with the exception of European Union Law. The Irish language has been protected by both of the Constitutions and they have been the bedrock for the creation and de- velopment of language rights within the state. The Constitution was adopted as Ireland emerged from British rule and attempts were made to re-Gaelicise the state through its legal provisions. One of the ways in which this was attempted was through the establishment of the Irish language as an official language of the state.

Article 4 of the Constitution stated: The National Language of the Irish Free State is the Irish language, but the English lan- guage shall be equally recognised as an official language. The value of Article 4 was subsequently illustrated in the case of People Attorney General v. Joyce and Walsh [] IR , which held that any party to legal proceedings may use the Irish language on two grounds; firstly, on a basis of natural law for fear that they do not fully understand English, or secondly, as a result of the constitutional status awarded to the language.

Following on from the Constitution, legislation was also adopted in respect of the use of the Irish language in the court system. For example, the Legal Practitioners Qualification Act required Irish barristers and solicitors to have proficient knowledge of Irish and, similarly, the Courts of Justice Act required that certain members of the judiciary be proficient in the language. Article 8 of the Constitution of Ireland states: 1.

The Irish language as the national language is the first official language. The English language is recognised as a second official language. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof. Commenting on the constitutional status of the Irish language, Parry states that: [t]he independence movement was thus driven by a desire to liberate the Irish nation from the injustices and insults of foreign rule. As the Irish language had been downtrodden by the British, so it would be exalted by the Irish state.

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Whatever may have been the political or psychological motives behind the enthronement of Irish as first official language, the legal implication was to establish Ireland as a bilingual country. Further bolstering the constitutional status of the Irish language, Article However, the government did not live up to this obligation, with only English-language versions being drafted from the s. Fahy and Others [] 2 IR Indeed, suc- cessive government policies ignored the legal status of Irish, and little or no pro- vision was made to provide services for Irish speakers, including in the sphere of court interpreting.

In this case, the Judge Hardiman J stated that: In my view this has led to a situation where only a person of unusual independence will attempt to conduct his or her legal business through the medium of Irish … They [in- stances cited as exceptions to the norm] cannot at all contend with the stark reality that the individual who seeks basic legal materials in Irish will more than likely be conscious of causing embarrassment to the officials from whom he seeks them and will certainly become conscious that his business will be much more rapidly and efficaciously dealt with if he resorts to English.

I can only say that this situation is an offence to the letter and spirit of the Constitution. In this context Parry comments: [t]here was a complete disconnection between the declared constitutional principle and its practical implementation.

Irish language policy thus descended into a series of empty gestures and ritualistic use in the spirit of tokenism. This tokenism is a core problem for Irish speakers wishing to conduct their business through Irish with state institutions, including the legal system. Legislative protection — the Official Languages Act Until the Official Languages Act was adopted, Irish speakers had to have recourse to the courts in order to have their rights recognised.

However, this was a very unsatisfactory situation, with rights being recognised on an ad hoc and limited basis, leading to uncertainty and unpredictability in the law. Towards the end of the s, Irish speakers and organisations seeking to promote the Irish language, particularly Conradh na Gaeilge, started a campaign for language legislation. Despite various debates and discussions, the government was not proactive on this front until when it published guidelines prepared by Bord na Gaeilge the state body for the Irish language on the services provided by State bodies through Irish, which were to be provided by the public service.

However, because these were mere guidelines they had hardly any impact on state bodies and very few operated in line with those guidelines. It was not until that the government published the first draft of a bill aimed at providing more services of a higher quality through Irish in the public sector.

This was the first time the provision of services in general through Irish by the state system was placed on a legislative basis. This piece of legislation confirms a number of rights of Irish speakers, including the right to expect that all Acts of Parliament will be published simultaneously in Irish and English, the right to receive replies in Irish from public bodies, the right to avail of all services in Irish agreed by public bodies in language schemes, including the right to expect the Language Commissioner to investigate com- plaints and give advice, and most importantly in the current context, the right to use Irish in court, including the right to an interpreter.

There is an obli- gation on the court to ensure that any person may be heard in the official language of his or her choice. A person has the right to use Irish in court irrespective of his or her role in the proceedings, as a witness, a plaintiff or a victim. This right ap- plies in all courts, from the lower regional courts such as the District Court, the Circuit Court, to the higher courts such as the High Court, the Supreme Court as well as in tribunals.

The court may make arrangements, as it considers appro- priate, for the interpreting of proceedings. Despite this many of the acts of parliament have not been translated into Irish, and there is no legal obligation to translate secondary legislation. The Irish-language on-line newspaper Tuairisc. So why is the demand for interpreting ser- vices for the Irish language so low? The right to not have an interpreter 7. The appellant was charged with offences under s. The incident occurred in an Irish-speaking area of the country and the appellant was a native Irish speaker.

The standard of interpreting was very poor and the defence counsel had to come to the assistance of the interpreter on a number of occasions Bergin The judge, however, held that although arrangements could be made to have a bilin- gual trial judge, the empanelling of a bilingual jury would be discriminatory and would therefore be unconstitutional. Ireland [] IEHC One of the judges, Hardiman J criticised the failure of the government and the other members of the Court to abide by its constitutional obligations in respect of the Irish language.

The Court held that Irish speakers were not entitled to have an Irish-speaking jury as this would offend against Article In addition, Clarke J further held that even if it were not unconstitutional to empanel a jury of Irish speakers, the limited number of Irish speakers would make it almost impossible to empanel a jury using the current methods provided for by law. Hardiman J gave a very interesting and powerful dissenting opinion and focused on language rights. He felt that the appellant had a constitutional right to be tried before a jury who could understand Irish without the assistance of an interpreter.

He stated: The effect of Article 8 of the Constitution is to establish Ireland as a bilingual State in terms of the Constitution and the laws. It is a historical truism that official Ireland has always been reluctant to behave as if the State were indeed, in law and in practice as well as in constitutional theory, a bilingual State. But that does not take from the fact that Ireland is, by its Constitution, a bilingual State. The Judges, of course, are bound to up- hold the Constitution.

He suggested that a government minister should exercise a statutory power to order a bilingual jury district and that he felt that the Connemara Gaeltacht area could be declared a jury district from which a bilingual jury could be summoned. Commenting on this case, Parry states: [b]y ruling that to allow Irish speakers to be tried by a jury that speaks Irish would be unconstitutional, despite the constitutional status of the Irish language as a national and the first language of the state, it has undermined the bilingualism of the Irish state and betrayed the principal function of the state that the founders had envisaged.


The Irish language in the educational system As illustrated above, the current question for Irish speakers is not the right to an interpreter, which is covered under the Official Languages Act, but rather, fol- lowing on from the constitutional status of the Irish language as the first official language of the state, whether there is a right to access justice directly without recourse to an interpreter.

Clearly this would not be an issue if one could rely on the ability of an interpreter to adequately relay the statements of the parties in a legal setting, or indeed, if there was simply no need for an interpreter if all Irish citizens — including members of juries and of the judiciary — had adequate knowledge of the first official language of the state. This is obviously linked to the question of training and education in the Irish language.

Since the foundation of the state, the study of Irish has been compulsory in all Irish primary and secondary schools, and there has been a significant growth in Irish-medium schools since the early s in particular Gaelscoileanna. Con- cerns have been raised about the achievement levels of students in the Irish lan- guage, however, and of the suitability of the Irish language curricula within the schools system. By , 45, pupils were attending Irish-medium schools outside the Gael- tacht areas of the country at primary and post-primary level.

This means that 4. In the post-primary sector, there are 36 Irish-medium schools in Ireland. There- fore, 4. While at first glance these developments in the Irish-medium education sector look promising, and indicate an interest in Irish-medium education among parents, questions remain as to why our educa- tional system is not producing sufficiently-fluent speakers of the Irish language, in sufficiently-big numbers, who are capable of engaging in professional areas where a high language register is required — as in the area of law, for example.

Many people leave the education system after thirteen years of compulsory tuition in the language without the adequate language skills to sit on a jury. It seems that the teaching of Irish to students as a second language in the Gaeltacht and the linguistic complexity present in such schools 4 COGG was founded under the provisions of Article 31 of the Education Act of and its role relates to both primary and post-primary education in the areas of the provision of teaching resources, the provision of support services and research.

Indeed, data from Mac Donnacha et al. The Irish language at third level The Irish language is widely studied at third level in Ireland, and because Irish is a compulsory subject at both primary and secondary level, it is also a compulsory subject for student-primary school teachers in colleges of education. Professional training Since the introduction of the Legal Practitioners Irish Language Act in there is no longer a specific language requirement for legal professionals, although Irish-speaking judges will usually be appointed in Gaeltacht areas if possible.

There is no mandatory continuous professional development training in the language either.


Another issue that needs to be addressed in the area of professional training is that of the adequate development of legal terminology. The everyday widespread use of the language will ensure that the poetry remains, while corpus planning ensures that spheres of life where high language registers are needed, as in the sphere of law, will be adequately catered for. This will mean that well-qualified and highly-skilled interpreters will be needed to work in the institutions. However, there is a lack of training courses for interpreters, including legal interpreters in Ireland.

Conclusion To answer the questions posed in our paper, firstly, there is a right to an interpreter for Irish speakers. However, this right may be inadequately addressed given the poor quality of interpreting available in the Irish courts. Secondly, the right to an interpreter has been provided for under the Official Languages Act. This is not only a legal question, however, since the government must provide the resources provision and training of highly-skilled interpreters in order for the right to be adequately implemented.

As Parry comments: The creation of the Irish state as a bilingual state was also an act of justice and a deliberate renunciation of a colonial past when the Irish language was demeaned, routinely mocked and excluded from the courts of justice. It is clear that if the government wishes to have a meaningful bilingual state, the constitutional status as first official language is not enough. Adequate support, bo th political and financial, is needed to make bilingualism a reality. In the current context, this requires the government to address their general educational policies and those specifically aimed at training court interpreters, legal practitioners and the judiciary.

References Akenson, Donald H. Akenson, Donald H. The English translation cited is available on www. Berk-Seligson, Susan : The bilingual courtroom. Chicago: University of Chicago Press. Cork: Cork University Press. Economic and Social Research Institute Report. Edwards, John : Multilingualism. UK: Routledge. Gaelscoileanna s. Irish-medium education. Kelly, Fergus : A guide to early Irish law. Dublin: DIAS. The changing status of the Irish language in Ireland since Maynooth: National Uni- versity of Ireland.

Irish language and the law. Dublin: Gill and Macmillan. Waldron, Jarleth : Maamtrasna: The murders and the mystery. Dublin: Edmund Burke Publisher. Language legislation and language revitalisation in Ireland and Scotland. Keywords: rule of law, freedom of speech, language, Cantonese, English 1. The originators of the campaign, as well as the student groups which played a part of it, adopted and adhered to the principle of non-violent civil disobedience after Martin Luther King. On the night of 28 September , the police used tear gas on its participants. A few of these democrats and localists even won seats in the district and legislative council elections from seasoned politicians in and respectively.

Section 3 will contrast Chinese legal history and culture with those of the English, by studying the lack of the rule of law tradition in China from its ancient days through its contemporary period. Violations of the laws aimed to curtail free speech have led to harsh, disproportionate punishments due to the lack of a pro- portionality principle in Chinese criminal law. The rule of law in English legal history and colonial Hong Kong John Locke is a major natural law theorist who had tremendous influences on the English legal tradition.

In Second Treatise of Government, he argues for the rule of law and for a nation to be governed by law rather than by arbitrary decisions of the government or individuals. On the other hand, his priority of a civil state and the security that it provides over the lawlessness of nature may mean that he disapproves of what would come to be known as civil disobedience, or breaking unjust laws as a sign of protest Schlesinger It is reason that persuades men and leads them towards the truth.

Hence political and religious leaders, who are in no superior position to grasp the truth than ordinary people armed with reasoning faculties, have no right to force their opinions on them. Central to Areopagitica, which he published without official approval in , is the belief that prior censorship is evil because it dampens reasoning, removes moral choice, and obstructs the pursuit of truth. Milton argues that England should allow unrestricted printing and only punish those who abuse this freedom Milton Locke also establishes the principle of proportionality in Second Treatise by articulating a theory of punishment based upon natural right, justified by retribution and deterrence, and rooted in claims of a natural moral universe in which justice exists in full force even prior to the establishment of a political order.

The natural law tradition has been reflected in English laws governing speech and public order offences. The Public Order Act , passed to control extremist political movements in the s, required police consent for political marches to go ahead s. The English language became the vehicle by which the English legal culture and its rule of law tradition was consolidated in colonial Hong Kong. Following the pro-communist riots in , the colonial government passed the Public Order Ordinance in the same year,7 which was subsequently amended in A controversial law that put restraints on freedom of expression, especially through its police licensing system, it was nonetheless very seldom invoked after the riots in the late s.

In fact, beginning in the s, the colonial government claimed that the territory was governed by the rule of law Jones In , only six years from the changeover, the Hong Kong Bill of Rights Ordinance was enacted, which transposed the International Covenant on Civil 6 It also banned the wearing of political uniforms in any public place or public meeting.

The PRC government was convinced that the amendment aimed to reduce legitimate public order regulatory powers of the future Hong Kong govern- ment. Despite the amendments throughout the years, certain proportions have remained similar to their counterparts in the Public Order Act of the U. English was the sole official language of Hong Kong until Not only is legislation available in both English and standardized written Chinese, but the Official Languages Ordinance Cap.

Regardless of whether English or Chinese Cantonese is used in the proceedings, every person has a right to use the language of his choice to give evidence, and the court will arrange interpreting facilities. To conclude, English and Chinese Can- tonese both played significant roles in consolidating the rule of law tradition in the territory. China, its rule-by-law state, and the criminal justice system China, on the contrary, does not have a rule of law tradition in its legal culture and history. Cantonese has a written form, which is often used in court proceedings and most frequently in informal communications, and is different from the standardized written Chinese, for example, which is used in government documents and taught at schools in Hong Kong.

While the standardized written Chinese used in Hong Kong is based upon Mandarin, it has been heavily influenced by Hong Kong culture over the years, and is somewhat different from Mandarin Chinese in terms of phraseology. Yet Mainland Chinese and Hong Kong Chinese usually do not have trouble understanding each other in written communications.

According to Confucianism, human nature is fundamentally good and what the state needs to do is to enforce a moral code, or li, to guide people towards virtues Riegel Legalists, on the other hand, believed that humans are inherently bad and must be governed by a system of law, or fa, backed by state coercion Pines Nonetheless, both Confu- cianism and Legalism endorse, to different degrees, a paternalistic conception of the state, and concede the ultimate authority to the ruler, who remains above and beyond the li or the fa. While law subsequently took a back seat with the rise of the Chinese Communist Party CCP , especially during the reign of Mao and the Cultural Revolution, legal reforms and rule of law became a hot issue when Deng Xiaoping announced his plan to modernize China in the late s.

Yet it remains doubtful whether single-party socialism, under which the law becomes a tool of the CCP and the state to serve the interests of the people and to attack the enemy, is theoretically compatible at all with rule of law and a limited government Peerenboom In addition, some claim that the rule of law practically does not exist in authoritarian China. Although the Constitution was amended in to expressly provide for the establishment of a socialist rule-of-law state, many Western legal scholars and political scientists have dismissed it as a meaningless slogan, and some have even condemned it as a mask for oppression and injustice Peerenboom 2.

Today, it is increasingly governed by publicly promulgated laws. In addition, lawyers who dismiss the law and advise their clients that all is possible with the right connections guanxi would be guilty of malpractice. One may even argue that law is beginning to impose restraints on the ruling regime and Party interferences with specific court decisions are rare Peerenboom 7. Nevertheless, given his iron-fist policy towards political dissent- ers, it is highly uncertain whether he intends to use the Constitution and the law to check the power of the CCP The Economist Unsurprisingly, citizens of China have not enjoyed the right to free speech similar to what people in Western democracies have taken for granted.

Furthermore, senior Party members are generally subject to sanctions, if at all, by Party discipline committees rather than the courts, a practice that violates the fundamental rule-of-law principle that the law applies equally to rulers and ordinary people Peerenboom 8. At schools and universities, sensitive teaching materials deemed subversive of state power are regularly banned, and researchers and teachers are subject to ideological evaluations to ensure that they toe the party line.

Confucianism, which prioritizes social harmony over individual liberty, and the interests of the state over those of individuals, was influential throughout the Imperial period Florio 63— About 40 remain in custody without access to lawyers or family, some beyond legal time limits.

In April of the same year, prominent journalist Gao Yu was sentenced to seven years in prison for allegedly leaking an internal CCP document calling for greater censorship of liberal and reformist ideas Human Rights Watch It issued a rule that subjects its researchers to ideological evaluations so that those who fail would be expelled Human Rights Watch In other words, even though Hong Kong shall fall under the sovereignty of the PRC government, it shall retain its own social, economic, and legal systems, and shall enjoy a high degree of autonomy except for foreign and defense affairs.

Hence, the purpose of the Hong Kong Basic Law — its con- stitutional document since — was not to integrate the legal systems of Hong Kong and China, but rather to keep them apart Ghai Over the past decade, an increas- ing number of primary and secondary schools, at the encouragement of the government, have adopted Mandarin the official language of Mainland China , instead of Cantonese, in teaching the subject of Chinese. In , the Education 18 Wing-Kee Lam, a victim who was later allowed to return to Hong Kong, disclosed to the media how he was abducted, blindfolded and handcuffed in October Following vehement oppositions from the public, the Hong Kong government postponed the commencement of the subject.

In , the Education Bureau issued a consultative document stating that children, rather than learning traditional Chinese characters used in Hong Kong and Taiwan , should begin learning simplified Chinese characters, which were promulgated in the s by the State Council of the PRC and used in China since that time. At present, Mandarin expressions are commonly found in newspapers, especially those published by China-owned media companies or companies with vested interests in China. The influx of Mainland Chinese tourists and immigrants no doubt has offered a good excuse for businesses such as restaurants to supplement or even replace traditional Chinese characters with simplified ones.

These continued at- tempts to Mainlandize the territory have caused feelings of cultural and linguistic displacement among Hong Kong people and have been a main source of outrage among them. This amendment has become a convenient tool for the government to prohibit otherwise peaceful assemblies and demonstrations, especially those challenging its actions. On the challenge to the constitutionality of the Ordinance,19 the Court of Final Appeal held that the notification system, under which those planning an assembly or a 19 The post-changeover government first decided to prosecute protesters for violating the notification rule in when veteran protestor Kwok-Hung and two other student activists were charged with organizing an unauthorized public assembly or assisting in organizing one because they did not notify the Police Commissioner in advance Leung Kwok-hung and Others v.

Year alone saw a record number of participants in three mass protests prosecuted under the Ordinance since the changeover Kong It is true that despite the peacefulness of Occupy Central participants, numerous arrests and prosecutions were made under the Public Order Ordinance. What else can and should Hong Kong people do to defend their legal system as well as their cherished way of living, of which freedom of speech and the rule of law are indispensable parts? Be they activists or not, people feel empowered not merely or primarily in individualistic ways, but collectively through connections to activists and political groups McCann — The belief in the rule of law or universal justice plays an indispensable part in the formation and nurturance of rights consciousness.

Further, rights talks have become more common, which testify to the rising rights consciousness of Hong Kong people who feel increasingly empowered and ready to fight against injustice. Protesters gathered on social media and accused the court that issued the arrest order of bowing to governmental pressure and losing its independence. Probably owing to the threat of another civil disobedience action, the high court overturned this decision and ordered the girl to be released on bail Chan In addition, English and Chinese Cantonese both served to establish and consolidate the rule of law tradition in Hong Kong.

While English and Chinese Cantonese served to establish the rule of law tradition in Hong Kong, the government attempted to dismantle it linguistically by importing an offence from an alien legal system. Due to its colonial history and politics, Hong Kong presents an interesting example of how language, law, and culture interplay with one another. As a preliminary exploration of a broad and vibrant topic, this chapter will hopefully stimulate more research on language, law, and culture in different social and political contexts. Aristotle n. Davis, Stephen B.

Hargreaves, Robert : The first freedom: A history of free speech. Stroud: Sutton Publishing. OpenDocume nt [ Leung Kwok-hung and Others v. Li, Pang-kwong : Political order and power transition in Hong Kong. Hong Kong: Chinese University Press. Locke, John a : Second treatise of government. Locke, John b : A letter concerning toleration. McCann, Robert W. Milton, John : Areopagitica. Parliament of England : Bill of Rights Cambridge: Cambridge University Press.

Schlesinger, Steven R. United Nations n. Wacks, Raymond : Philosophy of law: A very short introduction. Oxford: Oxford University Press. Lanham: Lexington Books. Yeung, S. Case studies from a Polish and an Austrian court Abstract The importance of an interpreter in criminal proceedings is stressed by regulations of inter- national and Community law, which guarantee the right to interpretation for each person charged or accused who does not speak the language of the proceedings.

This paper examines the actual role of interpreters in a given criminal court interaction and the extent to which interpreters contribute to the guaran- tee of the right to a fair trial. For this purpose, two interpreter-mediated criminal proceedings, each with a German and a Polish interpreter, were audio-recorded and the transcriptions of the hearings were subjected to a Critical Discourse Analysis.

The analysis demonstrates that the appointed interpreters are active and visible participants in the proceedings who influence the court interaction. Moreover, interpreters do not always fulfil their role as they do not allow the foreign defendants active participation in the trial. Keywords: court interpreting, interpreting in criminal proceedings, right to interpretation, CDA 1. Introduction Member States shall ensure that suspected or accused persons who do not speak or understand the language of the criminal proceedings concerned are provided, without delay, with interpretation during criminal proceedings before investigative and judicial auth- orities […] EU , article 2 paragraph 1.

The interests of persons speaking a foreign language who have to stand before a court have been given a lot of attention on both the international and Community levels. Therefore, a key role of court interpreters in criminal proceedings involving persons speaking a foreign language is empha- sized by these legal provisions. At the same time, the responsibility of interpreters as guarantors of the observance of human rights is confirmed since the right to interpretation is an indispensable element of a fair trial.

Right to a fair trial 2. Gollwitzer Article 6 of the ECHR guarantees as independent human rights, on the one hand, the right to legal proceedings and, on the other, the right to important procedural principles, which are fundamental, constitutive elements of a fair trial1 and which are also highly relevant from the perspective of interpreting studies, especially interpreting in criminal proceedings. The provisions do not stipulate whether the information should occur written or orally through an interpreter.

Belgium, 27 February , no. In any case, the notification must take place in a language which the foreign person can understand. Besides, every arrested or charged person has the right to the free assistance of an interpreter article 6 paragraph 3e. This requirement corresponds with the principle of equal- ity of arms, according to which persons facing each other in the proceedings are on equal footing to protect their interests in court Gollwitzer In the case of defendants speaking a foreign language it is, therefore, necessary that they are able, through the appointing of an interpreter, to understand the flow of the entire proceedings and follow them.

This suggests that oral linguistic assistance may satisfy the requirements of the Convention. ECtHR, Kamasinski v. Austria, 19 De- cember , no. Austria, 19 December , no. Germany, 28 November , no. Italy, 24 February , no. At the same time, granting the right to interpretation, the Directive seeks to preserve the right of a person speaking a foreign language to a fair trial, within the meaning of article 6 of the ECHR paragraph As Schweda Nicholson 85 notices, though, it is surprising that an oral rendition of these critical documents would be accept- able.

Finally, the Directive imposes high demands on the quality of interpretation as well as the professional qualifications of judicial translators and interpreters. The Directive stipulates that the quality of interpreting services in criminal proceed- ings must be sufficient to safeguard the fairness of the proceedings. For the required high quality to be guaranteed, the Directive stipulates that the interpreting services must be provided by appropri- ately qualified interpreters who are competent in the field of legal terminology paragraph Role of interpreters in the courtroom 3.

Professional guarantors of a fair trial From a formal point of view, the appointing of interpreters in multilingual crimi- nal proceedings is a constitutive element of the right to a fair trial. United Kingdom, 24 January , no. Hence, the normative re- quirement for court interpreters is to interpret the entire court proceedings for the person speaking a foreign language.

Furthermore, the Directive regards court interpreters as qualified experts who have extensive expertise in the field of legal terminology. This is accompanied by the normative requirement and duty of court interpreters to provide services that meet the high demands on the quality of interpretation. Communication facilitators and experts in intercultural communication In the theoretical discussion on the role of interpreters in court, which is mainly based on purely descriptive approaches and subjective convictions see Hale , there is a consensus that interpreters should eliminate the language barrier existing between participants in the proceedings and enable their commu- nication with each other.

Nevertheless, there is controversy about the scope for action given to court interpreters. In countries of the Anglo-American legal tradition the view that interpreters should limit their actions in the courtroom strictly to exact renditions of what is said prevails e. Interpreters should, therefore, neither omit anything in the rendition nor add anything nor clarify cultural differences.

Conse- quently, interpreters should assume the function of communication facilitators and convey the content of a statement as well as the intention of the speaker. In the continental legal tradition, court interpreters are granted a broader scope for action e.

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Interpreters should provide the court necessary information, including the content implicitly contained in an utterance, and they should, at the same time, enable the foreign-language speaking person both to fully understand and to be fully understood. Berk-Seligson which the nature of interpreter-me- diated communication requires. Interpreters speak, similarly, with their own voice when they indepen- dently provide explanations, comments, or additional information.

On the other hand, interpreters undertake coordination measures by controlling statements of the foreign person e. However, interpreters can also significantly influence the court interaction and the communication situation by their passivity cf. When interpret- ers show a lack of their own initiative in the courtroom by not taking on the ne- cessary coordination or by refraining from necessary clarifications, communica- tion problems and misunderstandings arise, which results in a change in the inter- action. The power and control, which in monolingual proceedings lay in the hands of lawyers or rather judges, are suspended and handed over to interpreters in a mediated court hearing.

Since now interpreters and not lawyers ask questions to the foreign-language speaking person, they have the legal authority, and they are regarded by foreign persons as powerful participants in the trial see Fenton Methodology The object of analysis in this article comprises two interpreter-mediated court trials in criminal proceedings, each one with a German interpreter in Poland and a Polish interpreter in Austria. The relatively small corpus is a result of the difficult access to authentic data at a court. All errors depicted in transcription are authentic errors of the participants in the proceedings, including the interpreters.

All names and details being subject to data protection were made anonymous. The transcripts of the recorded trials15 have been subjected to Critical Discourse Analysis CDA in the manner of Fairclough , , Court interpreters in criminal proceedings 5. The Polish case The subject of the trial was a road accident caused by the German defendant in Poland when he hit a cyclist who subsequently suffered numerous injuries. The appointed interpreter is a sworn interpreter for German and Polish, who has an educational path typical for Poland: first, she completed German studies and af- terwards a postgraduate course for translators and interpreters.

She has worked as a sworn translator and interpreter since , but she interprets rarely for courts, meaning she has little experience in court interpreting. Example 1: The first example shows some of the strategies used by the interpreter during ren- dition of dialogical stages of the proceedings, e. J [en] 2,1s Does the defendant possess some assets? Haben Sie etwa Yy nie ma. I1 [en] of some assets?

Do you have someth Nartowska , a, b. The aim of the study was to describe in as much detail as possible the role behaviour of professional court interpreters in an entire authen- tic main court hearing; hereafter only selected research results are presented. J [de] 2. J [en] 2. Beide Formen werden als Degenerationsformen betrachtet. Bei dem Idioten nichts dergleichen! Sie sind durchtrieben und weiden sich an den Schmerzen anderer.

Der Imbezille ist im wahren Sinne faul. Eine neue Zeit sei erst durch Bourneville angebrochen, der nach Kirmsse zu Paris promoviert hat. Bourneville hat in der Tat ein imposantes wissenschaftliches Werk vorgelegt, das der Auswertung bedarf. Auch vor tauchen die Begriffe des Idioten und auch des Imbezillen in der deutschen Diskussion auf, ohne jedoch die Bedeutung des Automaten und Extra-Sozialen bzw.

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Bereits vorher hatten Georgens und Deinhardt , beiden Begriffen eine definitorische Fassung gegeben, die sich jedoch nicht durchzusetzen vermochte:. Auf diese Diskussion trifft das Buch von Sollier, das erstmals auf der 7. Konferenz der Idiotenanstalten genannt wird Reichelt , 6, 75 f. Die Neudefinition, die die Sollier nennt alle Imbezillen anti-sozial. Viel Wahres liegt aber darin" Man merkt die Solliersche Diktion, auch wenn Heller sich hier nicht explizit auf diesen Autor bezieht. Moralische Minderwertigkeit ist demnach auch bei Idioten und besonders bei Debilen zu finden.

Einer der drei Herausgeber, Dannemann, klassifiziert Idioten und Imbezille wie folgt:. Sehr oft kommt es zu kriminellen Verwicklungen" Ab habe eine genaue Differenzierung des "Kindermaterials" stattgefunden, die Fuchs auf Seite 26 wiedergibt vgl. Deshalb sind diese Idioten als extra-sozial bezeichnet" Man spricht dann vom moralischen Irrsein oder moralischen Schwachsinn" Auch hier wird noch von abartigen Charakteren gesprochen, die mit den Zeichen "unreifer sozialer Einstellung" bei Schwachsinnigen von vielen Autoren beobachtet und beschrieben worden seien.

Ein Beitrag zur Ideengeschichte von Psychiatrie und Behindertenpädagogik

Im folgenden versuche ich die gesellschaftlichen Bestimmungsmomente des vorweg skizzierten ideologischen Prozesses herauszuarbeiten. Dies geschieht unter sechs Gesichtspunkten. Erziehung sei ein begrenztes Privileg. Drittens die christliche Schule St.

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Simon ist neben Hegel "der universellste Kopf seiner Zeit" ebd. Auf dieser Grundlage forderte er ein neues Christentum Herre, 61 f. Um hierin jedoch zusammenzuhalten, bedarf es der gegenseitigen Verpflichtung, d. Ich kann dies alles hier nur andeuten und weitere Forschungen anregen. Es kam nach dem Ablehnen der Neufassung des Sozialistengesetzes dann am Januar zu Neuwahlen, innerhalb derer die Sozialdemokratie ihren Anteil von 11 Mandaten auf 35 Mandate und von Ein wesentliches Instrument dieser Transformation ist z.

Zur Frage der Infrastrukturentwicklung allgemein vgl. Gramsci Ich greife diese Linie, in der Sengelmann , Bd. Stein In dieser Linie ist die Idiotenerziehung einzuordnen. Fortschrittliche Positionen verschwinden nach weitgehend. Sengelmann berief 4. Ich habe eine solche Fahrt im Jahre in Hannover mitgemacht. Seitens der Konferenz selbst wird sie auf der Wir, m. Foucault Jahrhunderts und eine Wendung zu neoromantischen und neopositivistischen, relativistischen und skeptizistischen Positionen" Regus , Erziehung als den beiden Hauptmethoden der Beeinflussung der Irren.

Krankheitswert in diesem praktischen Interesse gewinnt daher die "Abweichung vom Durchschnitt im Sinne der Zweckwidrigkeit" ebd. Unter den Gesellschaftsfeinden, d. Der Kraepelinschen Systematik als Ausdruck der Theorie und Praxis der Psychiatrie seiner Epoche gingen erste Ausdifferenzierungen im Bereich der Kinder- und Jugendpsychiatrie vorweg, die Kraepelin unmittelbar aufgreift.

Emminghaus geht aus von einer somatisch ausgerichteten Betrachtungsweise der Geisteskrankheit. Jahrhundert, bevor ich auf die Entwicklung des Herbartianismus als wesentlicher Doktrin eingehe. In der Wende vom Religion war Grundlage und Hauptelement des Elementarunterrichts Geschichte der Erziehung , ff. In dieser Zeit lebte auch die Lehrerbewegung neu auf. Jahrhunderts bestand in Deutschland ein stark strukturiertes Bildungswesen mit einer betonten Zweiteilung. Klasse entstanden. Fuchs , 23 f. Fuchs, verweist Gehrecke , 17 :.

Dieser sittlichen Zwecksetzung ordnet Herbart alle anderen Aufgaben der Erziehung und Bildung unter und kommt damit zur Konzeption des erziehenden Unterrichts , der Interessen bzw. Ihr Zweck ist die Bildung. Herbart [ Steigerwald ; Rittberg Konferenz der Idiotenanstalten sowie die Streitschrift von Witte gegen die mehrfach bedenkliche Einrichtung der Hilfsschulen -, vermochte sich diese Lehre in der Schwachsinnigen- und Psychopathenerziehung zu dieser Zeit nicht durchzusetzen.

Autorenkollektiv: Gefesselte Jugend, , Autorenkollektiv: Gefesselte Jugend, , 48, sowie auch Sengelmann , Bd. Innerhalb dieser Tendenzen verlagerte sich nun erheblich die Front zwischen Idiotenanstalten und Medizinern durch ein Gesetz vom Juli , das mit Wirkung vom 1. Juli nicht betrachtet werden". Konferenz vgl. Wulf Becker und Krapp Und genau dieses Bild des Ergi, des Unholdes ist es, mit dem Sollier den von ihm skizzierten Typus des Imbezillen unterlegt; erinnern wir uns an die zugeschriebenen sexuellen Abweichungen, verbrecherischen Neigungen usw.

The collected works of L. Ackermann, G. Eine historisch-kritische Betrachtung der Armenpflege. Examensarbeit f. Lehramt an Sonderschulen Marburg Binding, K. Meiner Leipzig Bleibtreu-Ehrenberg, Gisela: Toleriert, tabuisiert, mit dem Tode bestraft. Psychologie heute 7 7, Dannemann, A. Deppe, H.

Dannemann, H. Schober, E. Marhold Halle Dannemann, G. Gneslich, A.