Dr. Isabel Asensio Dr. Electra Gamón Fielding

1. Social Justice in the Courtroom and the Medical Setting: Interpretation and Translation Roles and Challenges Dr. Isabel Asensio Dr. Electra Gamón Fielding

2. So, what do you know about translation and interpretation…? Go to Kahoot.it and enter the code to find out!

3. The Role of the Interpreter: Overview An interpreter listens to a spoken message in the source language and reproduces it orally in the target language. For an interpreter, the target language is his/her mother tongue. An interpreter’s role is to facilitate communication between two or more people who use different languages, being either spoken or signed.

4. Modes of Interpretation Simultaneous interpretation involves interpreting in ‘real time’. A simultaneous interpreter listens to what it’s being said, quickly digest it, and immediately reproduces it in the target language. Consecutive interpretation is carried out in face to face meetings, interviews, or court cases. A speaker will usually stop every few sentences, and have the interpreter reproduce it, before proceeding.

5. The Role of the Translator: Overview A translator “moves” or converts the written word from the source language to the target language. Translators work with a wide array of written materials (letters, articles, reports, books, etc.) in a wide variety of fields (business, technical, legal, scientific, culinary, journalism, literature, audiovisual, etc.).

6. Social Justice in the Courtroom Rogelio Nieves Negrón The United States doesn’t have an official language. The U.S. Constitution, in the 14th Amendment states: “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

7. Who would you choose to interpret for you? a)Friends or relatives b)Bilingual employee/co-worker c)An international student on campus d)All of the above

8. Pros and cons Try to “help”—may omit or add information. Too emotional. Lack of KSA (knowledge, skills and abilities): • Knowledge of the judicial process and concepts. • Linguistic competence • Other skills (modes of interpretation) • Knowledge of the Ethical Code

9. Correct answer: a certified court interpreter What are the requirements to be a court interpreter? • Be bilingual; master English and a second language almost at the native (superior) level. • Be an educated person. • Have general knowledge equivalent to a minimum of 2 years of college. • Be able to interpret in three modes of interpretation. • Speak the second language without an accent.

10. Role of the court interpreter To produce a complete and accurate interpretation, or translation, of what is said, or is written, withoutaltering, omitting, or adding anything. A court interpreter is an employee of the court. Court interpreters are required to keep confidentiality. Court interpreters cannot give legal advice. A court interpreter cannot summarize nor explain what is being said or is written.

11. Utah Code of Ethics Canon 1: Accuracy Canon 2: Impartiality and conflicts of interest Canon 3: Confidentiality Canon 4: Limitations of practice Canon 5: Protocol and demeanor Canon 6: Maintenance and improvement of skills and knowledge Canon 7: Accurate representation of credentials Canon 8: Impediments to performance Canon 9: Restriction of public comment Canon 10: Duty to report ethical violations

12. Violations and Consequences “The truth of the matter is that you always know the right thing to do. The hard part is doing it”. General H. Norman Schwarzkopf

13. Violations and Consequences (cont.) Legal repercussions: Affect the results of the case A person’s freedom is at stake Disciplinary measures for the interpreter: Certification revoked Criminal charges

14. Violations and Consequences (cont.) 2011. A refugee living in Canada was nearly deported back to her native Kenya because of interpreter inaccuracy. http://news.nationalpost.com/news/canada/translator-error-sinks-womans-refugee-hearing 2013. During the memorial service of President Nelson Mandela, interpreter Thamsanga Jantie was caught out for fake sign language interpretation. http://www.npr.org/sections/thetwo-way/2013/12/11/250179179/fake-sign-language-interpreter-marred-mandela-memorial 2014. Lincoln, Nebraska. An interpreter was accused of stealing the identity of an elderly woman she was interpreting for and charging around $1600 to her credit card. http://www.ketv.com/article/interpreter-accused-of-stealing-from-elderly-woman/7647293 2014. A trial in the Cayman Islands was delayed twice because the first interpreter wasn’t able to remain impartial and the second admitted to inaccuracy of interpretation. https://www.caymancompass.com/2014/07/18/Interpreters-an-issue-in-trial/ 2015. The U.S. District Court, New Orleans. A Spanish interpreter, Trina Marie Bourg, 45, pleaded guilty to scamming undocumented immigrants whom she solicited for cash to “bribe” immigration officials. She could see up to 20 years in prison. 2019. In San Diego, a Q’anjob’al speaker had her asylum hearing pushed back for more than a year because no interpreters were available. https://www.nytimes.com/2019/03/19/us/translators-border-wall-immigration.html 2019. A man whose primary language is Mam was unable to explain that his family had been killed in his Guatemalan town, which could be a basis for asylum, his lawyer said. https://www.nytimes.com/2019/03/19/us/translators-border-wall-immigration.html In California, a child, a native speaker of Mixtec, did not receive the correct treatment for a blocked airway and died. It is very possible language barriers played a role in the child’s death.

15. Social justice in the medical setting “In the context of health and health care, a commitment to social justice means believing that everyone ought to be able to avoid preventable disease and escape premature death. Far too often, gross inequities mean that some groups succumb to disease and death disproportionately, while others’ advantages protect them, due to disparities in health care provision, political persecution, social strife, racial discrimination, and a plethora of other factors.” (Nikhil Patel)

16. Competencies of the Medical Interpreter Language proficiency in both the source and the target language The ability to interpret effectively, accurately, and impartially Proficient in medical vocabulary and terminology Interpreter adheres to ethical roles of conduct

17. Training to be a Medical Interpreter You need to be trained at the national level in order to be certified (Oral and Written exams) You need to understand the National Code of Ethics for Interpreters in Health Care (NCEIHC) You need to have a deep knowledge of medical terminology in both languages In the State of Utah, you also need to have an Interpreter’s License/Certification

18. Role of the Medical Interpreter • Have a pre-session to become acquainted with the type of vocabulary that will be used • Stand near the patient • Be transparent • Make sure that patient and doctor are aware that you will interpreting everything that is said/discussed • Speak in the first person • Be neutral: If necessary, refer to yourself in the third person • For any clarifications that need to happen, you need to ask for permission (i.e. cultural competence) • If you make a mistake, own it!

19. The National Code of Ethics for Interpreters in Health Care • Observe confidentiality • Strive for accuracy • Display impartiality • Respect professional boundaries • Develop cultural awareness • Treat all parties with respect • Consider careful advocacy • Continue professional development • Maintain professional conduct

20. When Bad Translations Happen… • Willie Ramírez • Gallbladder • Francisco Torres • The Tran case • Hospitals ignoring policies

21. Conclusions / Q&A Contact us: Dr. Isabel Asensio isabelasensio@weber.edu Dr. Electra Fielding electrafielding@weber.edu